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HomeMy WebLinkAboutMinutes - City Council - 1984-09-17 257 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California September 17, 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by Finance Director Downing. The invocation was offered by Pastor Martin Jose of the Bethel Church. The meeting was called to order by Vice Mayor Gard with the following Council Members present: Demsher, Fulton, and Gard. Council Members absent: Pugh and Kirkpatrick Also present were Public Works Director Arness, Planning and Community Development Director Perry, Engineering Manager Ryan, Electrical Engineer Hurley, Associate Electrical Engineer Nichols, Director of General Services Masingale, Associate Civil Engineer Hastings, Director of Finance Downing, Senior Associate Planner Keaney, Airports Director Homan, Associate Planner King, Senior Assistant Housing Counselor Maurer, Transportation Coordinator Duryee, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. Approximately 45 Redding Police Employees were also present at this meeting. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of September 4, 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 5, check nos. 100102 through 100411 inclusive, in the amount of $1 ,030,709.83, be approved and paid, and Payroll Register No. 5, check nos. 196393 through 197057 inclusive, in the amount of $493,443.20, for the period August 26, 1984, through September 8, 1984, be approved. Total : $1 ,524,153.03 Treasurer's Report - August 31 , 1984 (B-130-150) Total Treasurer's Accountability - $19,979,596.94 Claims for Damage and Personal Injury - 1st Hearing Peggy J. LaBella - Claim for Damages filed 9/4/84 Recommend denial (C-090-020 Sean Routsong - Claim for Damages filed 9/7/84 Recommend denial and refer to Insurance Carrier (C-090-020) Award of Bid - Two (2) 16.8/22.4/28 MVA Power Transformers (B-050-100) City Manager recommends that Bid Schedule No. 1554, two (2) 16.8/22.4/28 MVA power transformers, be awarded to the evaluated low bidder, ASEA Electric, in the amount of $518,028.36, plus $4,510.30 for spare parts, for a total contract price of $522,538.66, sales tax included. Award of Bid - 115 KV SF6 Power Circuit Breakers (B-050-100) City Manager recommends that Bid Schedule No. 1555, 115 KV SF power circuit breakers, be awarded to Brown Boveri , Inc. , on its low bid' in the amount of $119,631 .00, sales tax included. 9/17/84 2 58 Award of Bid - Relay and Control Panels (B-050-100) City Manager recommends that Bid Schedule No. 1556, relay and control panels , be awarded to the evaluated low bidder, Pederson Power Products , in the amount of $66,886.00, sales tax included. Resolution Rejecting Bids- Three Projectors, Single Screen, Sound/Slide Presentation Highlighting Redding Shasta County (B-050-100) City Manager recommends that Resolution No. 84-195 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for Bid Schedule No. 1557, furnishing three projectors, single screen, sound/slide presentation highlighting Redding and Shasta County "Redding - Another California" and directing that the City Manager be authorized to enter into negotiations on the open market for the purchase of said material and equipment. Award of Bid - One (1 ) 115 KV Circuit Switcher and Support Structure (B-050-100) City Manager recommends that Bid Schedule No. 1559, one (1 ) 115 KV circuit switcher and support structure, be awarded to Siemens and Allis, on its sole bid in the amount of $34,193, sales tax included. Award of Bid - Four (4) 14.4 KV Vacuum Circuit Breakers (B-050-100) City Manager recommends that Bid Schedule No. 1560, four (4) 14.4 KV vacuum circuit breakers, be awarded - to ' Westinghouse Electric Supply Company, on its low bid in the amount of $74,851 .90 for Bid Group I , plus an additional $3,108.98, for spare parts for Bid Group II , for a total contract amount of $77,960.88, sales tax included. Resolution - re Purchase of Pacific Gas & Electric Company Facilities - Enterprise Area No. 4 (Henderson Road, Inez Street and Brent Road) (E-090-020) Electric Director recommends that Resolution No. 84-196 be adopted, a resolution of the City Council of the City of Redding authorizing the Mayor to execute a purchase and sale agreement between the City of Redding and Pacific Gas and Electric Company for the purchase of electric distribution and street lighting facilities in the area comprising the Electrical Annexation No. 4. Resolution - re Service Schedule for Master-Metered Mobilehome Parks (E-090-100) Electric Director recommends that Resolution No. 84-197 be adopted, a resolution of the City Council of the City of Redding establishing an electrical utility service schedule for service to mobilehome parks. Set Public Hearing - Rezoning Application RZ-2.0-84, by City of Redding (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , October 1 , 1984, to consider Rezoning Application RZ-20-84, by City of Redding. Resolution - Setting Public Hearing re Abandonment Application A-3-84, by Frank Wilson (A-010-100) Planning Director recommends that Resolution No. 84-198 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of 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. , October 15, 1984. 9/17/84 259 Negative Declaration - Twin View Boulevard Annexation No. 84-3 (A-150-168) Planning Director recommends that Council make the following findings relative to Twin View Boulevard Annexation No. 84-3, by E. E. Gerlinger, et al : 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration approved by the Board of Adminis- trative Review on September 12, 1984. Resolution - Authorizing Execution of Standard Agreement for State Deferred Payment Rehabilitation Loan Program (G-100-030-125) Planning Director recommends that Resolution No. 84-199 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of a standard agreement and other documents to secure a commitment of funds in the amount of $50,000, from the Deferred Payment Rehabilitation Loan Program of the State of California. Disposition of Surplus Property - Mountain View Drive (C-070-200) Planning Director recommends that property located to the west of 5595 Mountain View Drive be declared surplus property and that the property be referred to the City Attorney for disposition, subject to the following: 1 . Retention of a 20-foot sewer easement along the west property line. 2. Retention of storm-drain easements as specified by the Director of Public Works. 3. Retention of a five-foot public-utility easement adjacent to Mountain View Drive. 4. Execution of a deferred improvement agreement for installation of curb and gutter on Mountain View Drive. Agreement - PACE Engineering for Welding and Painting Inspection on the 2.0 MG Reservoir at Hill 900 (W-030-450) Public Works Director recommends approval of an agreement with PACE Engineering for performing the inspection work on the Hill 900 reservoir in a maximum amount of $15,000, and that the Mayor be authorized to sign. Notice of Completion - Rancho Road RC Box Culvert at Persistence Lane (B-050-020) Public Works Director recommends that Bid Schedule No. 1550, Rancho Road RC Box Culvert at Persistence Lane (Job No. 9467) , be accepted as satisfactorily completed for the final contract price of $19,561 . This project was jointly funded by the City and Shasta County, who is contributing $7,500 towards this work. Award of Bid - Municipal Airport Terminal Ramp Extension (B-050-020, G-100-070 and A-090-100) Public Works Director recommends that Council make the following findings relative to Bid Schedule No. 1562, Municipal Airport Terminal Ramp Extension: 9/17/84 260 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 October 5, 1984. It is further recommended that Bid Schedule No. 1562, Municipal Airport Terminal Ramp Extension (Job No. 9447) , be awarded to Redding Constructors in the amount of 5564,206.50, subject to receiving FAA approval . Award of Bid - Reconstruction of Caterpillar Road from State Route 273 to Beltline Road (B-050-020, G-100-070 and S-070-100) Public Works Director recommends that Bid Schedule No. 1553, recon- struction of Caterpillar Road from State Route 273 to Beltline Road, Federal Project No. M-Y266(1 ) , Length of Project 0.9 miles (Job No. 9326) , be awarded to Redding Constructors, in the amount of $167 ,112, subject to approval by CalTrans of the MBE requirements. Award of Bid - Construction of Municipal Airport Transient Parking (B-050-020, G-100-070 and A-090-100) Public Works Director recommends that Council make the following findings relative to Bid Schedule No. 1561 , construction of Municipal Airport transient parking: 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 October 5, 1984. It is further recommended that Bid Schedule No. 1561 , construction of Municipal Airport transient parking (Job No. 9448) , to awarded to J. F. Shea Co. , Inc. in the amount of $259,898, subject to receiving the necessary funds and approval from FAA. Resolution - of Intention to Commence Abatement of Property at 2828 Fern Avenue (A-030-070) City Attorney recommends that Resolution No. 84-200 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Gary Barber and located at 2828 Fern Avenue) . Resolution - Ordering the Abatement of Property at 1516, 1548, 1572 Yale Court (A-030-070) City Attorney recommends that Resolution No. 84-201 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 1516, 1548, and 1572 Yale Court (owned by American Savings). Resolution - Approving Cost of Abatement for Property at 405 Grove Street (A-030-070) City Attorney recommends that Resolution No. 84-202 be adopted, a 9/17/84 261 resolution of the City Council of the City of Redding approving and confirming report and account of cost of abatement of unsafe buildings and debris on the Small Business Administration property, 405 Grove Street. Resolution - Approving Cost of Abatement for Property at 1517 Willis Street (A-030-070) City Attorney recommends that Resolution No. 84-203 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the Allhands property, 1517 Willis Street. Resolution - Establishing Residential Parking Permit Area on Chestnut Street (P-030-240) City Attorney recommends that Resolution No. 84-204 be adopted, a resolution of the City Council of the City of Redding establishing residential parking permit area on Chestnut Street. MOTION: Made by Council Member Demsher, 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 - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution Numbers 84-195, 84-196, 84-197, 84-198, 84-199, 84-200, 84-201 , 84-202, 84-203, and 84-204, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Robert Moore - re Concerns About Burglary and Fire Prevention *(A-050-270 and A-050-140) A letter was received from Robert G. Moore expressing concerns about vehicle break-ins at the Redding Gardens Apartments on South Street. He also reported a lot covered with dry grass two to three feet high, southwest of the apartments, north of Montgomery Wards, and west of 2400 Washington Avenue. Mr. Moore explained that he wrote this letter in the hopes that Council will become aware of the problems so that they may be resolved. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the above request be referred to the Police Chief for review. The Vote: Unanimous Ayes Request to Sell Alcoholic Beverages - Telephone Pioneers of America (A-110-100) A request was received from Jerry Wilson, President of the Telephone Pioneers of America, Shasta Club, requesting permission to sell alcoholic beverages at the Senior Citizens Hall during their social Fish Fry, November 3, 1984. It was noted by the Deputy City Clerk that the proper insurance certificate is on file in the City Clerk' s Office and the Police Chief has indicated his approval . MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving the request of the Telephone Pioneers of America as stated above. The Vote: Unanimous Ayes 9/17/84 262 Letter from Greater Redding Chamber of Commerce - re Endorsement and Support for Establishment of a Four-year University or College (A-050-060) A letter was received from Lou Gerard, Executive Vice-President of the Greater Redding Chamber of Commerce requesting the City Council ' s endorsement and support for the efforts of the University of Shasta Action Committee (USAC) , to work for the establishment of a four-year university or college within the greater Redding area. Vice Mayor Gard noted that by adoption of the S.R. I. report, Council has actually already endorsed these efforts. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that a letter of endorsement and support be sent to the Greater Redding Chamber of Commerce, University of Shasta Action Committee (USAC) , for the establishment of a four-year university or college within the greater Redding area. The Vote: Unanimous Ayes Request to Sell Alcoholic Beverages - League of Women Voters (A-110-100) A letter was received from the League of Women Voters requesting approval to sell beer and wine at their Oktoberfest dinner, October 6, 1984, at the Senior Citizens Hall . The Deputy City Clerk noted that the proper insurance certificate is on file in the City Clerk's office and the Police Chief has indicated his approval . MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving the request from the League of Women Voters as stated above. The Vote: Unanimous Ayes Request from California Senate Committee on Housing and Urban Affairs - re City' s Support for 1984 Housing Funding Bills (L-040-300) A letter was received from Leroy Greene, Chairman of the Senate Committee on Housing and Urban Affairs, asking the City' s support for legislation recommended by the Senate Housing Advisory Task Force, pertaining to housing funding. He advised that many of these measures are now before the Governor for his signature or veto. Vice Mayor Gard advised that this is the Task Force she served on and these are the bills the Task Force helped to develop. She emphasized that these bills are ones that the City has strongly supported and worked hard to develop to this point. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that a letter be sent to the Governor in support of the 1984 Housing Funding Bills, to be executed by the Vice Mayor. The Vote: Unanimous Ayes BUCKEYE PRESSURE ZONE ASSESSMENT DISTRICT NO. 1984-1 (A-170-150-920) Special Bond Counsel Sperry submitted the following documents for filing and adoption: Petitions Certificate re Petition Resolution - Accepting Petitions MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-205 be adopted, a resolution of the City Council of the 9/17/84 263 City of Redding accepting petitions for Buckeye Pressure Zone Assessment District No. 1984-1 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-205 is on file in the office of the City Clerk. Amended Boundary Map Resolution - Approving Amended Boundary Map MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-206 be adopted, a resolution of the City Council of the City of Redding approving the amended boundary map for Buckeye Pressure Zone Assessment District No. 1984-1 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-206 is on file in the office of the City Clerk. Second Amended Engineer' s Report Resolution - Accepting Second Amended Engineer' s Report and Setting Hearing MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-207 be adopted, a resolution of the City Council of the City of Redding accepting the second amended engineer's report and setting the protest hearing for 7:30 P.M. , October 15 , 1984, for Buckeye Pressure Zone Assessment District No. 1984-1 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-207 is on file in the office of the City Clerk. Notice of Improvement ANNUAL CONGRESS OF CITIES - Designation of Voting Delegate (L-040-150-400) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Vice Mayor Gard be designated as the voting delegate to the Annual Congress of Cities, November 24-28, 1984, in Indianapolis, Indiana. The Vote: Unanimous Ayes ORDINANCE - Rezoning Application RZ-14-84, by Thomas Riley (L-010-230) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. 1697 be waived and the Planning Director be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Ordinance No. 1697 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-14-84) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick 9/17/84 264 Ordinance No. 1697 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-15-84, by City of Redding (L-010-230) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. 1698 be waived and the Planning Director be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Ordinance No. 1698 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-15-84) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Ordinance No. 1698 is on file in the office of the City Clerk. RESOLUTION - re Lease Purchase Agreement with Maryland National Leasing Corporation for Lease of Garbage Packers (S-020 and A-050-300-325) Director of General Services Masingale reviewed the memo from the City Attorney dated September 14, 1984, which is incorporated herein by reference. He stated that this proposed agreement is the first of two, for a 1985 white Expeditor cab and chassis equipped with a Heil H.H.P-42 cubic front load packer. It is the recommendation of staff that Council authorize the Mayor and Clerk to sign the necessary documents at such time as executed documents are received from the leasing company and the technical aspects of providing insurance have been met by the City. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-208 be adopted, a resolution of the City Council of the City of Redding authorizing the execution and delivery of an equipment lease/purchase agreement and related instruments and determining other matters in connection therewith. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-208 is on file in the office of the City Clerk. REDDING TRANSIT - Request to Increase Service Hours (T-100-070) Director of Public Works Arness advised that John Hoeflich, Redding Transit, has requested that his hours of operation be extended on his Wednesday and Friday bus service. This extension would be effective from November 23 to December 25, 1984. Mr. Arness explained that staff is not opposed to extending the hours of operation; however, Mr. Hoeflich is still in violation of his original conditions of operation which include the following: 1 . No signing at stops. 2. No payment for utilized metered parking spaces. 9/17/84 265 3. No tube type sign to cover meters at terminal location on Butte Street during hours of operation. In addition, Mr. Arness advised that Mr. Hoeflich's insurance expired as of September 3, 1984, and as of September 11 , he had not presented the City with an updated insurance certificate. He stated that on September 5, 1984, Mr. Hoeflich was given notice not to operate within the City until his insurance was renewed and approved, but he has continued service in violation of said notice. It is the recommendation of staff that until such time as Mr. Hoeflich is in compliance with the conditions of operation, his permit to operate within the City be rescinded. Consideration for re-establishment of the permit will be presented to the City_ Council upon compliance with the conditions. John Hoeflich, 1718 Logan Street, submitted a written statement to the Deputy City Clerk. At the request of Council , Deputy City Clerk Strohmayer read the statement from Mr. Hoeflich dated September 17, 1984, which is hereby made a part of these records. In his statement, Mr. Hoeflich claimed that his insurance is proper. He also claimed that permanent bus stop locations have not yet been assigned and this is the reason signs have not been installed. Mr. Hoeflich also took exception to paying for two parking meter spaces rather than one. In response to an inquiry from Vice Mayor Gard, Mr. Arness advised that the insurance certificate received from Mr. Hoeflich did not meet the requirements of the City Attorney. Mr. Demsher asked Mr. Hoeflich if the insurance referred to in his statement is the same as the insurance certificate received by the City Clerk. Mr. Hoeflich replied that it is, however the wording is not correct. Council Member Fulton remarked that in view of the absence of the City Attorney, possibly Council should allow a little more time to resolve this situation. Vice Mayor Gard emphasized that the main problem is that there is currently no appropriate insurance certificate on file to protect the City. In response to a question from Council Member Demsher, Mr. Arness advised that his office has had several discussions with Mr. Hoeflich about his lack of compliance with the conditions of his permit and there has been some reluctance on his part to perform. MOTION: Made by Council Member Demsher that the permit for Redding Transit be revoked until such time as Mr. Hoeflich abides by the conditions of his permit, i .e. , proper signs, payment of fees, and insurance certificate. Mr. Hoeflich pointed out that the biggest controversy is payment of fees and designation of bus stop locations. He said his request to utilize only one parking space is consistent with the Traffic and Parking Commission' s concerns about limited metered parking spaces in the downtown area. Mr. Hoeflich contended that he should be entitled to a permanent location. Vice Mayor Gard stressed that the permit was conditioned three years ago and those conditions have never been complied with. She said the lack of proper insurance leaves the City liable. Mr. Hoeflich stated he has asked for a permanent location consistent with those granted to taxi companies and other transportation services. 9/17/84 266 Since his original motion was not seconded, Mr. Demsher revised his motion as follows: MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that John Hoeflich, dba Redding Transit, be given until the next City Council meeting on October 1 , 1984, to comply with the conditions of his permit, and failure to do so will result in revocation. Planning and Community Development Director Perry noted that Mr. Hoeflich has already been asked to cease operation by letter from staff, until the appropriate insurance certificate is received. Mr. Arness emphasized that Mr. Hoeflich cannot be allowed to operate in the City without the proper insurance. Mr. Demsher amended his motion as follows: MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that John Hoeflich, dba Redding Transit, cease operation until the next City Council meeting on October 1 , 1984, at which time he must comply with all the conditions of his permit; and, failure to do so will result in revocation of his permit at that time. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment GPA-7-84, Clear Creek Plan by W. Jaxon Baker and the City of Redding. (G-030-010) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the public hearing re General Plan Amendment Application GPA-7-84, Clear Creek Plan, by W. Jaxon Baker and 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 September 14, 1984 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated September 14, 1984. He advised that this amendment was initiated by W. Jaxon Baker to reclassify 80 acres adjacent to the west boundary of the City limits just north of Clear Creek Road as "General Industry." The plan area was expanded at the direction of the Planning Commission to include all of the property outside of the City limits to the west that is classified "Industrial" on the County General Plan and remaining property within the City along Clear Creek Road without a General Plan classification or classified "Extractive Industry." A copy of the land-use plan and policy document depicting the proposed Clear Creek Plan Amendment was submitted to Council . Mr. Perry advised that the Planning Commission approved a draft negative declaration for the amendment request. He reviewed five major concerns which were raised and indicated that this approval was predicated upon incorporation of protective mitigations addressing these concerns as policies written into the plan. Mr. Perry said a main feature of the policies is a recommendation that a new industrial zoning district be established containing performance standards specific to industrial development in the Clear Creek corridor. Performance standards are also included. 9/17/84 267 It is the recommendation of the Planning Commission and staff that the plan be approved, the negative declaration be ratified, and a resolution be adopted. Mr. Perry noted that one letter, included in Council 's packet, was received from the Friendly Hills Home Owners Association, protesting further industrial development in this area. Mr. John Tate, President of the FHC Home Owners Association, referred to their letter dated September 7, 1984. He stated that the rock crushing mill operates every day beginning around 5:30 A.M. He said further industrialization will damage the residents and contribute to pollution of Clear Creek which feeds directly into the Sacramento River. Mr. Tate asked about an ordinance in Redding limiting hours of operation. Mr. Perry advised that the existing rock operation was in existence before annexation to the City and as long as that property owner complies with the conditions of his original permit, the City cannot impose new standards on them. He emphasized that this plan implements features that are not contained in the County's plan in that area in an attempt to establish these types of standards. Robert Bond, 7891 Bond Boulevard, advised that his home looks directly over the area be considered for a General Plan amendment. He said the noise from the rock crushing mill is what bothers him the most. He said it was his understanding that the mill had to adhere to operating at certain times. Vice Mayor Gard suggested that Mr. Bond check with the County about compliance. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Fulton, Mr. Perry advised that he is satisfied with the environmental issues and added that special conditions have been added to the plan which recognize some of the unique characteristics of the area. Mr. Perry added that with the County changing its General Plan from "Extractive" to "Industrial" in this area , the City realized what it was going to inherit. Also, he said this will hopefully provide some incentive for development in this area. He added that without a specific operation to evaluate, nothing would be gained from an E. I.R. Council Member Demsher said he shares some of the concerns of the residents; however, this is a good start on some good land use planning in the area. He said this area lends itself to some type of industrial activity. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Council makes the following findings relative to General Plan Amendment Application GPA-7-84: 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 Planning Commission on August 14, 1984. The Vote: Unanimous Ayes 9/17/84 268 Resolution MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-209 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendment GPA-7-84. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-209 is on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - re Rezoning Application RZ-13-84, by Gary Stokes (L-010-230) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the continued 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 Posting - Notice of Continued Public Hearing Planning and Community Development Director Perry advised that staff is waiting for additional information from the applicant pertaining to development restrictions on the subject property. It is the recommendation of staff that the public hearing be continued to 7:30 P.M. , October 1 , 1984. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the public hearing re Rezoning Application RZ-13-84, by Gary Stokes , be continued to 7:30 P.M. , October 1 , 1984. The Vote: Unanimous Ayes 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, Vice Mayor Gard opened the public hearing re 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 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated September 14, 1984, which is incorporated herein by reference. He stated that the applicant appealed several conditions of approval of Tentative Subdivision Map S-3-84. Mr. Perry explained that Mr. Simons later indicated by letter that he would withdraw his appeal if the revised site plan, attached to the letter, was acceptable and with the clarification of some other conditions. 9/17/84 269 Mr. Perry indicated that the appeal can be separated into two categories: (1 ) those relating to the site plan, and (2) those requesting clarification or minor revisions in the wording of certain conditions. He reviewed the concerns of Mr. Simons regarding Condition Numbers 16, 19, 25, and 26. Mr. Perry stated that the most significant issues still not resolved relate to revisions to the site plan. In this case, he said, an appeal is not the proper mechanism to address those issues nor does staff feel the changes in the site plan at this point warrant consideration as an amendment to the tentative map. Mr. Perry felt the proper procedure would be to submit a final plan for review by the Board of Administrative Review. It is the recommendation of staff that, noting the clarifications in this staff report and noting the proper forum for review of the final plan, the appeal be denied. Lowell Simons, 2463 Carnelian Way, suggested that if they could have a meeting with staff, perhaps some of the problems could be clarified. He said the Planning Commission asked that the map be re-engineered and there have been some rather major changes. Mr. Simons questioned the requirement for a loop waterline and dedication of an easement to the City. He referred to Condition No. 17 and felt there is a conflict over who will maintain the waterline. Mr. Simons asked that the hearing be continued to allow time for these matters to be clarified, so that he does not lose his right to appeal . Discussion ensued regarding the appropriate means of handling this application, and Mr. Perry suggested that the hearing be closed and that staff be instructed to report back to Council by October 1 , 1984, as to whether or not there are major differences in the site plan. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing regarding the appeal of Tentative Subdivision Map S-3-84, be closed but final Council action be continued to October 1 , 1984, after further report from staff. The Vote: Unanimous Ayes Mr. Simons indicated that he concurred with Council ' s decision to close the public hearing and continue the final action until October 1 , 1984. He asked if he could have a copy of the report a few days before the meeting. PUBLIC HEARING - re Rezoning Application RZ-16-84, by Kurt Reichel (L-010-230) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the public hearing re Rezoning Application RZ-16-84, by Kurt Reichel . 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 September 14, 1984 The Deputy City Clerk advised that no written protests have been received. 9/17/84 270 Planning and Community Development Director Perry reviewed his memorandum to Council dated September 14, 1984. He stated that the applicant has requested the rezoning of property located at 1333 Chestnut Street from "RM-6" to "R4-25-F" Multiple-Family Residential District. A map of the area was shown on the Vu Graph and letters for and against the zone change were submitted to Council . Mr. Perry advised that the stated intent of the applicant is to construct an office building on property at 1945 Shasta Street and to utilize the property at 1333 Chestnut Street for off-street parking. He advised that the parcel at 1333 Chestnut Street is classified as "Residential , 6.0 units per acre" on the General Plan. This occurred in 1977 with the adoption of the Magnolia Area Plan. Mr. Perry stated that the "RM-6" zoning implementing the General Plan would allow one dwelling unit on the 6,300-square-foot parcel . He said if zoned to "R4-25-F," a duplex would be allowed or an office, subject to first obtaining a use permit. Mr. Perry listed some of the issues raised with this request, as well as outlining the objectives of the Magnolia Plan. He said the area was reclassified under the Magnolia Plan to protect this predominantly single-family area from further encroachment from the Courthouse area. Overall , Mr. Perry stated, it is the opinion of staff that the rezoning does not meet the intent of the General Plan, therefore, both the Commission and staff recommended denial of the project. He said it is recognized that the project has some positive attributes, however, the issue here is conformance with the General Plan and its objectives not the purpose of zoning. He commented that if Council feels the merits of the project are such that it should be approved, staff would recommend that the General Plan be amended. Dr. Steven Barker, 1375 Chestnut, and 1405 Chestnut, advised he and his wife are opposed to the rezoning as it is inconsistent with the General Plan and with the Magnolia Plan. He said there is no need to rezone another lot for office purposes. Dr. Barker emphasized that only the Reichel ' s could receive personal gain and the residents see this project as a real threat. He said it could set a precedent for further such applications. Dr. Barker stressed that parking lots do not enhance property values. He urged the Council to agree with the Planning Commission and residents by denying the request. R. Lee Harris , 2520 Star Drive, said he owns property at 1334 Chestnut Street. He is opposed to the rezoning because it is in violation of the Magnolia Plan and the proposal would be detrimental to their property. Carole Franklin, 1415 Chestnut, and 1370 Chestnut, read a letter of opposition from George Bower, M.D. , who owns property at 1356 West Street. David Marr, 1365 Chestnut, said he lives two doors south of the property in question. He stated that Chestnut Street has always been a residential street with children and he would like to see it remain that way. Mr. Marr was opposed to the rezoning. Frances Luby, 1444 Chestnut, said she hopes the City Council will deny the request. Sam Reynolds, 1341 Chestnut, said the property next to the subject property is a two story building which is a rental . He said the property on the other side is a rental and his property is right at the end where people turn around. Mr. Reynolds said Mr. Reichel has considered a duplex for his property, and Mr. Reynolds felt a parking lot would be 9/17/84 271 much more desirable than another rental . He also noted that Calaboose Creek has been a safety hazard and with the present proposal , Mr. Reichel would provide a box culvert over the creek. Norma Scott, 1364 Chestnut, said if a duplex were built on the subject property, there would be no room for parking. Carolyn Shaw, 1351 Chestnut, said she maintains three rentals on Chestnut and she feels Mr. Reichel ' s plan is a good one. She said the creek should be covered and felt the plan is the best one for the future of Chestnut Street. Mr. Harris stated that he is opposed to the proposed abandonment of a portion of Chestnut Street for this project. He contended that the original public notice of this hearing before the Planning Commission did not include the abandonment of the north end of Chestnut Street, but the City Council notice did. Jan Maurer, 1418 Chestnut Street, stated that over the last 10 years, since the adoption of the Magnolia Plan, there has been substantial improvement to the homes on Chestnut Street, in an effort to preserve them for the next generation. She pointed out that the people who seem to be in favor of this rezoning do not own and reside in homes on Chestnut Street. She asked that Council uphold the Magnolia Plan and deny the request. Brian Humboldt, 1400 Chestnut, said he and his wife oppose the appli- cation. Kurt Reichel , 1945 Shasta Street, pointed out that the Planning Commission has agreed that there are benefits to the project. He said in his original plan, he intended to cover the creek and give the City $5,000 toward the cost of building a cul-de-sac on Chestnut Street. He said he would not be opposed to building a hammar-head turn-around at no cost to the City. Mr. Reichel pointed out that the majority of the problems occurring on Chestnut Street are occurring on public right-of-way and not on private property. He emphasized that the residents who adjoin the creek are the ones who are in favor of this project. He said the requested zoning of R-4-25-F is good land use planning for the area. Mr. Reichel felt the project will enhance the parking problems on that street. He said if they decided to build apartments there, they would work on that issue. He said as he sees it, the only permit needed for apartments would be a building permit. Mr. Reichel also noted that a clinic is an allowed use in the RM district with a use permit and he sees no difference between that use and an office use. Mr. Reichel believes there is no inconsistency with the General Plan, however, he would agree to request an amendment if staff feels it is necessary. He said if he were to develop apartments on Shasta Street in conjunction with a parking lot on Chestnut Street, he could use density averaging without combining the parcels. He further stated that if he were to leave the Chestnut property alone and build only on Shasta Street, the end of Chestnut would remain an open ditch. Council Member Fulton commented that part of the proposed parking lot is on public property. Mr. Reichel concurred and said they have requested an abandonment of that property by the City. Mr. Perry advised that there is a dispute between property owners as to whether or not the street should be vacated. 9/17/84 272 Dr. Barker pointed out that the proposed covering of Calaboose Creek will not extend over the entire creek and will not solve all problems related to the creek. Minta Reichel , 1333 Chestnut, discussed the parking problems on Chestnut Street. She said she has had tenants that had five vehicles plus additional cars for guests and everyone has great difficulty maneuvering at this end of the street. She stated that residents all along the street park on the street. Mrs. Reichel said everyone who lives at the end of the street has signed the petition in favor of the rezoning. She felt her son has presented a very good plan which she supports. Mrs. Reichel said the creek is a safety hazard to children and added that some of the people on Chestnut Street are never exposed to the problems of the creek. Mr. Harris stated that they have furnished enough parking on their own property and do not park on the street. He emphasized that it should be up to each property owner to provide their own parking. Mr. Reynolds emphasized the problems of the creek such as flooding in the spring and children playing. He said anything that can be done to help that situation is going to be a boom. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Council Member Fulton asked about the extent of the coverage of Calaboose Creek. Mr. Perry advised that part of the project would include covering the creek on adjacent property; however, the west end will still be open. Council Member Fulton asked for clarification of Mr. Harris' s comments about title to a strip of land adjacent to the Reichel property. Mr. Perry explained that his interpretation is that the Harris' s have filed a "Quiet Title Action on Vacancy of Record" to obtain title to the property. In response to an inquiry from Council Member Gard, Mr. Perry advised that in order for Mr. Reichel to density average, it would be necessary to merge the two parcels. Council Member Demsher said he recalls very clearly the development plan for the Magnolia area. He said he recognizes the difficulty the City had in getting that plan developed and adopted. He said there have been attempts to encroach on that plan and the City Council has protected it. Mr. Demsher emphasized that this is one of the few older neighborhoods left in Redding and he would be very reluctant to approve any project that would encroach on it. Council Member Fulton expressed concern about the repair or covering of the creek. He said he sees this plan in a sense as an improvement even though it is an encroachment. He emphasized that the creek has been a problem for many years and sometimes it may be necessary to give up some things to get others. Council Member Demsher stated the City tried to take care of that problem with Community Development funds and was prevented from doing so. Vice Mayor Gard emphasized the importance of having that type of nice residential housing, close to an urban center. She said the City has put a great deal of rehabilitation funds into the Magnolia area. Ms. Gard added that the City has empty office buildings all over town. She noted 9/17/84 273 that there have been several potential solutions to the creek which have not worked out. Council Member Demsher commented that some of the residences in the Magnolia neighborhood leave something to be desired, but there has been a III consistent improvement in many of those older homes. He said one of the reasons for continually improving these homes is that Council has supported that neighborhood and had not let encroachment occur. He stressed that people need to have the confidence that they will be supported. Ms. Gard pointed out that the stabilization of that neighborhood since the adoption of the Magnolia Plan has been very apparent. Also, she noted that housing rehabilitation programs made a big difference. MOTION: Made by Council Member Demsher, seconded by Vice Mayor Gard that Rezoning Application RZ-16-84, by Kurt Reichel , be denied. Voting was as follows: Ayes: Council Members - Demsher and Gard Noes: Council Members - Fulton Absent: Council Members - Pugh and Kirkpatrick PUBLIC HEARING - re Rezoning Application RZ-17-84, by James Ramsay (L-010-230) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the public hearing re Rezoning Application RZ-17-84, by James Ramsay. The following documents are on file in the office of the City Clerk: III Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated September 13, 1984 The Deputy City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated September 13, 1984. He stated that the Planning Commission unanimously recommended rezoning of property located at 2401 Victor Avenue from "PD" Planned Development District to "U" Unclassified District. A map of the area was shown on the Vu Graph. Mr. Perry said the requested "U" Unclassified District would provide for a church and other uses in conformance with the General Plan. It is the recommendation of the Planning Commission and staff that the property be rezoned to "U" Unclassified District, that an ordinance be offered for first reading, and that EIR-1-77 be recertified. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member III Fulton that EIR-1-77 be recertified and find that changes or alternatives have been incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1699 for first reading, an ordinance of the City Council of the City of Redding amending Section 9/17/84 274 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-11-84) . PUBLIC HEARING - re Rezoning Application RZ-18-84, by John Drake (L-010-230) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the public hearing re Rezoning Application RZ-18-84, by John Drake. 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 September 13, 1984 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated September 13, 1984. He stated that the Planning Commission has recommended the rezoning of property located at 655 Hilltop Drive from "U" Unclassified District to "RM-9" Multiple-Family Residential District. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . Mr. Perry advised that the stated intent of the application is to construct a senior-citizens project on the 5.3 acres located in the southwest corner of a larger 64-acre parcel . It is the recommendation of the Planning Commission and staff that the property be rezoned to "RM-9," subject to the signing of a use agreement, that the negative declaration be ratified, and that an ordinance be offered for first reading. Mr. Perry noted that the signed use agreement has been received. Jerry Bolster, representing the property owner, said they are in agreement with the use agreement. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Council make the following findings re RZ-18-84: 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 August 8, 1984. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1700 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-18-84) . PUBLIC HEARING - re 1984-85 Budget Appropriations and Proposed Uses of Revenue Sharing Funds *(B-130-070 and B-130-12.0) The hour of 7:30 P.M. , having arrived, Vice Mayor Gard opened the public hearing re 1984-85 Budget appropriations and proposed uses of Revenue Sharing Funds. 9/17/84 275 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 September 14, 1984 The Deputy City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Finance Director Downing advised that as required by Federal law, this public hearing is being held for the purpose of giving citizens the opportunity to comment on the relationship of Revenue Sharing funds to the entire budget. It is the recommendation of staff that a resolution be adopted approving appropriations for the 1984-85 fiscal year. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-210 be adopted, a resolution of the City Council of the City of Redding adopting and approving budget appro- priations for personnel costs, materials, supplies and services, and capital outlay for the fiscal year 1984-85. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Pugh and Kirkpatrick Resolution No. 84-210 is on file in the office of the City Clerk. SETTLEMENT OF CLAIMS City Planning Director advised that the following claims have been settled by the City Insurance Carrier: California State Automobile Association for Marilyn Jane Fox Claim for Damages filed 8/22/84 Settled in the Amount of $2,439.19 (C-090-020) Chery Needles - Claim for Personal Injury filed 4/25/84 Property Damage Portion of Claim Settled in Amount of $356.17 (C-090-050) Linda Walden - Claim for Personal Injury filed 1/5/84 Settled in the Amount of $2,500 (C-090-100) Marion Ramsdell - Claim for Personal Injury filed 5/30/84 Settled in the Amount of $10,000 (C-090-050) BUSINESS FROM THE FLOOR (P-100-050-120) Martin Rauch, representing the Police Officers Association, said a vote was taken at the general membership meeting and the City's latest proposal was unanimously rejected. He said they are very concerned about the proceedings although he felt there is a settlement in site. He said the Association has requested that Council authorize some type of movement fact finding session. Vice Mayor Gard advised that Council will notify the negotiating team of the vote. 9/17/84 276 Steve Ruckle, representative from the Local Teamsters Union, said he represents the Redding Police Dispatchers and by a 100% vote, they have determined to reject the City' s contract proposal . He said they have not even been afforded the opportunity to substantiate their request on the table. Vice Mayor Gard advised that Council will notify the negotiating team of the vote. ROUTINE REPORTS AND COMMUNICATIONS Civic Aeronautics Board (F-200-078) Application of Aspen Airways, Inc. - Order to Show Cause Shasta-Cascade Wonderland Association: (B-130-030-700) Publicity Alcoholic Beverage License Application: (A-110-140) El Pollo Bandido (Jeanette & Timothy Cornelius) 1135 Pine Street, #101 Regal Station #343 (Regal Stations, Inc. ) 2032 Pine Street ADJOURNMENT There being no further business, at the hour of 9:50 P.M. , Vice Mayor Gard declared the meeting adjourned. APPROVED: i . _te, �i ,, (--; _a , (,, ce Mayor` ATTEST: 7(1t(97-11 Deputy City Clerk /" 9/17/84 •