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HomeMy WebLinkAboutMinutes - City Council - 1984-12-03 338 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California December 3 , 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by Planning Director Perry. The invocation was offered by Pastor Charles Mellor of the Seventh Day Adventist Church. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Demsher, Fulton, Kirkpatrick, and Gard. Council Members absent: Pugh Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Elec- tric Director Lindley, Electrical Engineer Hurley, Auditorium Director Montgomery, Director of General Services Masingale, Associate Civil Engi- neer Hastings, Senior Planner Keaney, Director of Finance Downing, Senior Housing Counselor Maurer, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The Following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of November 19, 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 10, check nos. 101671 through 102083 inclusive, in the amount of $761 ,943.11 , be approved and paid, and Payroll Register No. 10, check nos. 199600 through 200218 inclusive, in the amount of $488,897.14, for the period Novem- ber 4, 1984 through November 17, 1984, be approved. Total : $1 ,250,840.25 Claims for Damage and Personal Injury - 1st Hearing (C-090-050) Betty Palmer by Attorney Ronald Burns - Application to File Late Claim for Personal Injury Recommend denial and referral to City Insurance Carrier Award of Bid - Three Mid Size Compact Pickup Trucks (B-050-100) City Manager recommends that Bid Schedule No. 1584, three (3) mid size compact pickup trucks, be awarded to the sole bidder, Crown Motors, in the amount of $22,632.86, sales tax included. Award of Bid - Two (2) 1-Ton Cab and Chassis and One (1 ) 1-Ton Cab and Chassis with Flatbed (B-050-100) City Manager recommends that Bid Schedule No. 1585, two (2) 1-ton cab and chassis and one (1 ) 1-ton cab and chassis with flatbed, be awarded to the sole bidder, Crown Motors, in the amount of $33,528.33, sales tax included. Designation of City Representatives - Transmission Agency of Northern California (TANC) (E-120-250) Electric Director recommends that the following City of Redding representatives be appointed to TANC: 12/3/84 339 Council Representatives Council Member Archer Pugh - Commissioner Council Member Donald Demsher - Alternate Commissioner Staff Representatives City Manager Robert Courtney - Alternate Commissioner City Attorney Randall Hays - Alternate Commissioner Electric Director Sam Lindley - Alternate Commissioner Resolution - re Application to Appropriate Water for the Spring Creek Pump Storage Project (W-030-600) Electric Director recommends that Resolution No. 84-263 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign an application to appropriate unappropriated water for the Spring Creek Pumped Storage Project. Set Public Hearing - Rezoning Application RZ-1-81 , by C. Donald Nelson (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , December 17, 1984, to consider Rezoning Application RZ-1-81 , by C. Donald Nelson. Resolution - Setting Public Hearing re Abandonment Application A-11-84, by Kevin Broderick (A-010-100) Planning Director recommends that Resolution No. 84-264 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon an unimproved portion of the Chestnut Street Right of Way (A-11-84) , and setting a public hearing for 7:30 P.M. , January 7, 1985. Resolution - Setting Public Hearing re Abandonment Application A-12-84, by Sue Knapp (A-010-100) Planning Director recommends that Resolution No. 84-265 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon an unimproved portion of the Scenic Drive Right of Way (A-12-84) , and setting a public hearing for 7:30 P.M. , January 7, 1985. Resolution - re Lot Line Adjustment LS-73-84, by Donald Tolbertson (L-010-150) Planning Director recommends that Resolution No. 84-266 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-73-84. Environmental Determination - Sacramento River Trail , Phase III , IV, and V (P-050-460-700) Planning Director submitted for consideration, the environmental impact determination for the development of the Sacramento River Trail from the Deistlehorst Bridge up river to Keswick Dam. It is the recommendation of the Planning Director that Council make the following findings relative to Sacramento River Trail , Phase III , IV, and V: 1 . Project is compatible with the Redding General Plan. 12/3/84 340 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. The finding is predicated upon the application of the attached mitigative measures to the project, which eliminate Alternative 6, thus avoiding any substantial environmental impacts. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the negative declaration approved by the Planning Commis- sion on October 9, 1984. Set Public Hearing - Appeal of Denial of Variance Application V-20-84, by Don Sanders (L-010-030) Planning Director recommends that a public hearing be set for 7:30 P.M. , December 17, 1984, to consider the appeal of the denial of Variance Application V-20-84, by Don Sanders. Contract - Airport Master Plan Update (A-090-100, G-100-070-095 and G-100-170) Airports Director recommends that a contract be awarded to Hodges and Shutt for the preparation of the Municipal Airport Master Plan Update, at a cost of $131 ,854, and that the City Manager be authorized to execute the contract. It was noted that $118,669 of the contract amount is from FAA grant monies, and the balance of $13,185 is to be provided by Cal-Trans, thus no airport monies will be required for the project. Notice of Completion - Construction of Municipal Airport Taxiway (B-050-020 and A-090-100) Public Works Director recommends that Bid Schedule No. 1471 (Job No. 9320) , construction of Municipal Airport taxiway, be accepted as satisfactorily completed (final contract price $1 ,071 ,637.44) , and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - Construction of Municipal Airport Runway Overlay (B-050-020 and A-090-100) Public Works Director recommends that Bid Schedule No. 1475 (Job No. 9405) , construction of Municipal Airport Runway Overlay AIP Project No. 3-06-0194-02, be accepted as satisfactorily completed (final contract price $1 ,330,966.70) , and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - 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 (Job No. 9326) , reconstruction of Caterpillar Road from State Route 273 to Beltline Road, Federal Project No. M-Y266(1 ) , length of 0.9 mile, be accepted as satisfactorily completed (final contract price $167,112) , and that the City Clerk be instructed to file a Notice of Completion. Award of Bid - Construction of Pump Plant No. 4 (B-050-020 and W-030-125-040) Public Works Director recommends that Bid Schedule No. 1588 (Job No. 9577) , construction of Pump Plant No. 4, be awarded to Charles A. Werner on his low bid in the amount of $128,000, and that EIR-1-77 be recertified as adequately addressing the project. 12/3/84 341 Catering Contract - Civic Auditorium Convention and Trade Center (C-050-050) City Attorney recommends that a contract be approved with Guy Richard Paulson dba Paulson' s Catering Company to provide catering and conces- sion services to the Redding Civic Auditorium Convention and Trade Center, and authorizing the Mayor to execute the contract. It was noted that the terms of the contract are for three years, commencing September 1 , 1984, and terminating August 31 , 1987, subject to cancel- lation upon written notice. MOTION: Made by Council Member Gard, seconded by Council Member Demsher, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick ' Noes: Council Members - None Absent: Council Members - Pugh Resolution Numbers 84-263, 84-264, 84-265 , and 84-266, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Prososal by Anderson Solid Waste, Inc. - re Lease of Their Sanitary Landfill to the City of Redding (S-020-300) A letter was received from Frank Payton, President of the Anderson Solid Waste, Inc. proposing that their sanitary landfill just west of Anderson, be leased to the City of Redding for the sum of $120,000 per year. With the concurrence of Council , Mayor Kirkpatrick referred this matter to staff. Communication from Wintu Audubon Society - Supporting the Sacramento River Trail Extension (P-050-460-700) A letter was received from George Horn, Recording Secretary of the Wintu Audubon Society in support of the Sacramento River Trail , as well as the proposed extension. Letters from Pearl Liebel , et al - re Commercial Handbills (C-110-100) A letter was received from Pearl Liebel asking for reconsideration of her request to be granted a business license for Redding Ad Runners, a door-to-door advertising service. Letters from several other businesses were also submitted in support of this method of advertising. Mrs. Liebel addressed Council and thanked them for further consid- eration of Redding Ad Runners. She noted that she has received some support from the business community and would like to gather further information from other cities where this has been allowed. Mrs. Liebel noted that she does not intend to hire undesirable people to go into neighborhoods. In response to an inquiry from Council Member Gard, Mrs. Liebel advised that she does intend to distribute the ads door-to-door. Mayor Kirkpatrick said it would be appropriate to bring the informa- tion gathered by Mrs. Liebel back to Council . 12/3/84 342 City Attorney Hays pointed out that later on the agenda, an ordinance is being proposed to clarify the existing handbill ordinance, but maintains the restriction for distributing commercial handbills. After some discussion regarding the proposed ordinance, it was deter- mined that it should be considered at the appropriate time on the agenda. ORDINANCE - re City Commissions (B-080) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. 1703 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Ordinance No. 1703 be adopted, an ordinance of the City Council of the City of Redding amending Sections 2.44.050, 2.48.030, 2.56.060, 2.60.060 and 2.72.050 of the Redding Municipal Code, pertaining to City Commis- sioners. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1703 is on file in the office of the City Clerk. ORDINANCE - re Residential Parking Permit Areas (P-030-240) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. 1704 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Ordinance No. 1704 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 11 .24 of the Redding Municipal Code by correcting section numbers, pertaining to residential parking permit areas. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1704 is on file in the office of the. City Clerk. VICE MAYOR GARD (L-040-150) Vice Mayor Gard advised that she has been asked by the President of the League of California Cities to serve another year as Chair of the Policy Committee on Housing, Community, and Economic Development. She asked for Council ' s permission to serve in this capacity. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton authorizing Barbara Gard to serve as Chair of the League of California Cities Policy Committee on Housing, Community, and Economic Development, for the year 1985. The Vote: Unanimous Ayes PLANNING COMMISSION RECOMMENDATION - re Park Marina Drive Area (C-070-010) Planning and Community Development Director Perry advised that the Planning Commission has recommended that the City Council explore the possibility of acquiring the majority of the area generally bounded by Park Marina Drive on the west, Highway 44 on the north, the Sacramento River on the east, and Cypress Avenue on the south. He said the intent of the recommendation is 12/3/84 343 to preserve the public interest in the area through public ownership rather than having public oversight occur through zoning and subdivision control . In response to an inquiry from Council Member Gard, Mr. Perry advised that the potential for grants for this purpose will have to be researched. Council Member Demsher stated that this would be the survey and assessment stage and would also determine the amount of public interest. Council Member Fulton voiced concern that much of the property is private, commercial property and questioned the City' s involvement. Council Member Demsher suggested that the proposed study is for the long range and felt it is appropriate for the City to be involved. Council Member Gard maintained that the City should have been more involved 25 years ago before it became commercially developed. She emphasized that the river is the single most important characteristic of this community and should be preserved as much as possible for public use. Council Member Fulton agreed that the river is an important asset but said this is the first time the City has endeavored to become involved in a commercially developed area. He felt it may be an over-extension on the part of the City and questioned the cost involved. Council Member Demsher pointed out that much of the study can be done in-house and commented that it is not uncommon for cities to look at properties which are clearly in the public interest. He said it is inevit- able that Redding' s population will grow to possibly 100,000 to 150,000 and the City needs to use foresight and look at all the assets it has. Council Member Fulton said he has no objection and feels it is worth studying. MOTION: Made by Council Member Demsher, seconded by Council Member Gard authorizing a study of the Park Marina Drive area as follows: 1 . Determine ownership and leases. 2. Determine if owners are interested in selling. 3. Determine fair market value and financing mechanisms. 4. Identify the public interest in the area. 5. Submit a recommendation to the City Council based on Items 1 , 2, 3, and 4. The Vote: Unanimous Ayes ORDINANCES - re Off-Road Vehicles (P-050-460-700) Planning and Community Development Director Perry reviewed his memorandum to Council dated November 29, 1984. He stated that two ordinances are being proposed for introduction this evening. One would prohibit the use of motorcycles and other vehicles from all areas in the City except on designated streets and highways, and establishes monetary fines. The second proposed ordinance, Mr. Perry advised, amends the regulation of uses on the Sacramento River Trail and its environs as follows: 1 . Prohibit use of the trail between the hours of 11 P.M. and 6 A.M. 12/3/84 344 2. Prohibit the possession or consumption of alcoholic beverage at any time along the trail . 3. Prohibit camping and camp fires on any City-owned public open space along the Sacramento River or the Sacramento River Trail . Mr. Perry noted that the issue of regulating smoking along the trail has been reviewed by staff and the Fire Marshal has indicated a desire for providing designated smoking areas and prohibiting smoking anywhere else on the trail . He added that at this point, staff would recommend that the area be posted to discourage smoking except in designated areas, but that no code section be adopted regulating it at this time. It is the recommendation of staff that the negative declaration be ratified and the proposed ordinances be offered for first reading. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the following findings be made re proposed ordinances pertaining to use of motorcycles and off-road vehicles and prohibiting certain uses on the Sacramento River Trail : 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and ratifies the negative declaration approved by the Board of Administra- tive Review on November 21 , 1984. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1705 for first reading, an ordinance of the City Council of the City of Redding adding Chapter 10.24 to the Redding Municipal Code, pertaining to off-highway motor vehicles. Council Member Demsher offered Ordinance No. 1706 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 10.20, pertaining to the Sacramento River Trail . ORDINANCE - Location of Swimming Pools (L-010-500) Planning and Community Development Director Perry reviewed his memorandum to Council dated November 29, 1984, which is incorporated herein by refer- ence. He said it is the opinion of both the staff and the Planning Commis- sion that these proposed revisions to the Municipal Code pertaining to swimming pools, would provide more flexibility, yet at the same time, cover the concerns that neighbors may have such as appearance, noise, privacy, and sight distance. The changes pertain mainly to setback requirements. Council Member Fulton offered Ordinance No. 1707 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16.28 of the Redding Municipal Code, pertaining to swimming pools. ENVIRONMENTAL ASSESSMENT - Regional Public Firing Range (C-070-010 and A-150-166) Planning and Community Development Director Perry submitted a draft en- vironmental assessment for a proposed 259-acre regional public firing range. He noted that the public hearings for the environmental determina- tion of the project by the Planning Commission are underway and they will forward their recommendation to Council when it is complete. 12/3/84 345 This was an information item and no action was required by Council . CONTINUED PUBLIC HEARING - re Lake Keswick Assessment District No. 1982-6 (A-170-100-330) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the continued public hearing re Lake Keswick Sewer Assessment District No. 1982-6. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Improvement Affidavit of Publication - Notice of Improvement Affidavit of Posting - Notice of Improvement Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that one written protest has been received from Max Hammon. Special Bond Counsel Sperry advised that Doss Engineering, the engi- neers for the project has developed a recommendation which they wish to present to Council this evening. Don Doss, Doss Engineering, presented a Vu Graph of the boundary map for the project and the added extension to the sewer line. He pointed out that the reason for pursuing the recommended route is that the existing dwellings are set back quite a ways from Keswick Dam Road on the south and it appears to be the most economical and shortest route. Mr. Sperry commented that Mr. Doss has taken the recommended alignment to Worley Construction (contractor for the project) and has obtained an estimate of between $60,000 and $65,000, which has been included in the amended cost estimate. He is recommending that the proceedings be revised to allow for this increase. Mr. Sperry added that the entire cost will be borne by the property owner who is most benefited, Mr. LaBella. Mr. Sperry also advised that he has a consent from Mr. LaBella for the increased assessment, which he will file with the City Clerk this evening. Esther George, 1030 Quartz Hill Road, said she is upset with the way the City is handling this assessment district. She also noted that she was contacted by an appraiser who wished to appraise her property. She said that this was done prior to the hearing on November 5, 1984. Tom Gillette, 1051 Quartz Hill Road, said he is just outside the district. He asked why the City is considering extending a sewer line to an area that has no approved subdivision map. Mr. Gillette also asked why the City did not contact property owners near where the blasting is occurring. Associate Civil Engineer Hastings explained that originally, it was thought that the extension would go through the George property and across the Gillette property. That was the reason for the appraisal . He said after further consideration, it appeared to be easier and less expensive to take the other route. Mr. Hastings said at the time the appraiser was engaged, the City was in a hurry to get the information for the hearing on November 5 and that is the reason that the George' s received the letter. 12/3/84 346 Mr. Hastings stated that in regards to Mr. Gillette' s comment, a sewer line can be extended to any property, regardless of whether or not it is subdivided. In most cases , he said, sewers are a prerequisite to a subdivision. Mrs. George asked how much more blasting will be required, and why they were not notified. Mr. Hastings advised that more blasting will be required and advised that the City is not aware when blasting will be occurring since the work is done by an outside contractor. Council Member Gard felt that common courtesy demands that property owners should be notified. City Attorney Hays explained that since the City is not the adminis- trator of the contract, this message should be conveyed to the con- tractor so that he may contact property owners. Mr. Sperry offered their services to advise property owners of the blasting. Margie Jose, 2105 Keswick Dam Road, said the blasting was done directly behind her neighbors property. She said her neighbors have requested that the blasting be stopped. Ms. Jose said the blasting was so bad that they finally called the Humane Society to ask for help for their horses. She also noted that their stucco and slab has cracked as a result of the blasting. Ms. Jose pointed out that one evening she was without water for four to five hours because the blasting broke a water line. Kenneth Hammon, 738 Baker Road, said his assessment is $500 but the line is still about 700 feet from his property. He noted that his neighbors who are closer to the line, do not have to pay anything. He also objected to the blasting. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes Mr. Sperry said he feels the blasting problem can be dealt with in the future. As far as the written protest is concerned, he said he doesn't feel there is a serious issue with Mr. Hammon as far as benefit is concerned. He felt there was a dispute between Mr. Hammon and Mr. LaBella. In regard to Kenneth Hammon's protest, Mr. Sperry felt a finding of benefit to his property could be made in view of his proximity to the sewer line. Mr. Sperry supports the findings of the project engineer. He explained that there were some property owners that entered into agreements in which they gave property rights in exchange for low or no assessments. Resolution - Overruling Protests MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Resolution No. 84-267 be adopted, a resolution of the City Council of the City of Redding overruling protests for Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh 12/3/84 347 Resolution No'. 84-267 is on file in the office of the City Clerk. Amended Engineer's Report Resolution - Approving Report and Confirming Assessments and Ordering Improvements MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Resolution No. 84-268 be adopted, a resolution of the City Council of the City of Redding approving report and confirming assess- ments and ordering improvements for Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 84-268 is on file in the office of the City Clerk. PUBLIC HEARING - re Abandonment Application A-8-84, by Kurt Reichel (A-010-100) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Abandonment Application A-8-84, 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 November 30, 1984 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated November 30, 1984. He stated that the Plan- ning Commission has recommended vacating the easterly 30 feet of the north end of Chestnut Street adjacent to 1933 Chestnut Street. The applicant had requested abandonment of the entire street or 35 feet of the area. Mr. Perry explained that in making the request, the stated goal of Mr. Reichel is to be able to improve the channel adjacent to 1933 Chestnut Street. At the last Planning Commission meeting, Mr. Reichel modified his request to obtain the abandonment, but to leave the street in place as it exists through the granting of a road and utility easement to Mr. Harris, the owner to the west. Mr. Perry stated that it was the opinion of both the Commission and the staff that both property owners at the north end of the street need to reach a joint agreement before the City proceeds, whether it be an agreement to exchange easements and jointly maintain the vacated area , to relocate the existing bridge, etc. It is the recommendation of the Planning Commission and staff that the request be denied. Kurt Reichel , 1945 Shasta Street, stated that the reason for the abandonment request is simply to cover the Calaboose Creek and the reason for converting the house to a duplex is to recover the costs involved. He said they have resubmitted their plans for the office building, reducing it in size and maintaining all parking on Shasta Street. Mr. Reichel emphasized that they want to do what ever it takes to clean up the creek. He pointed out that there are already two multiple dwelling units on the street. They propose that the 12/3/84 348 street configuration remain the same and the creek be covered where the carport is now. Mr. Reichel said Mr. Harris feels his property value will decrease and that a duplex will change the character of the street. Mr. Reichel contended that converting the house to a duplex is not the only way to accomplish this but they need to have some direction from the City. R. L. Harris, 1334 Chestnut Street, said that property owners have been driving over the bridge driveway for 70 years without any pro- blems. He said he is against the abandonment and asked that it be denied. Mr. Harris contended that there are other ways of taking care of the street besides the proposed abandonment. David Marr, 1365 Chestnut Street, was opposed to the abandonment. He felt the 60 foot abandonment is excessive. He said the parking situation has been resolved by the signs which have been posted at the other end of the street. Norma Scott, 1364 Chestnut Street, was opposed to the abandonment. She said there are too many "ifs" and felt another duplex would only increase the parking problem. Francis Lube, 1444 Chestnut Street, was opposed to the abandonment and concurred with the other property owners on Chestnut Street. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard felt that there must be a very good reason to abandon public property which is there for the good of all , for the benefit of a private purpose. She said she would be more in favor of the proposal if both property owners involved were in agreement and a joint project were proposed. In this case, she said, only one pro- perty owner is asking for the abandonment for his private use. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Abandonment Application A-8-84, by Kurt Reichel , be denied. The Vote: Unanimous Ayes PUBLIC HEARING - re City Code Amendment for "C-6" Limited Service Commer- cial District (L-010-500) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re "C-6" Limited Service Commercial District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated November 29, 1984 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated November 29, 1984. He stated that scheduled for consideration is the adoption of a new commercial district, the "C-6" Limited Service Commercial District. Mr. Perry explained that the issue of adopting such a district was discussed as a product of a GPA-3-84, on Eastside Road. He said the intent of the new district is to develop a service commercial district that will minimize adverse impacts adjoining residential uses. 12/3/84 349 It is the recommendation of the Planning Commission and staff that the negative declaration be ratified and an ordinance be offered for first reading. George Osborn, owner of property at 5061 Eastside Road, said the back portion of his property would be subject to the proposed "C-6" dis- trict. He cited the section dealing with "Landscaping, Screen Fencing and Trash Disposal" and felt the requirement for a 25-foot wide planter was too great. He felt, in addition to the normal landscaping requirements, a 10-foot wide planter is more than adequate. Mr. Osborn also felt that the section which requires that all outdoor storage shall be enclosed with a six to eight foot solid fence or landscaped berm, is too restrictive. He felt if this is required, some type of outside activity should be allowed. Mr. Osborn referred to the "Performance Standard" section and felt the requirement that overhead and garage doors shall not face a residen- tial district, is unnecessary. He contended that this district is a very light commercial area and did not feel the problems would be the same as in the industrial area. Mr. Osborn asked that the ordinance be reconsidered. He felt that even the least restrictive requirements are an over-kill . E. W. Cook, 3435 Riverview Drive, owns property adjoining Mr. Osborn' s. He felt the requirement for an eight foot block wall is too expensive, especially when no outside activity is allowed. Mr. Cook said he would prefer to have his property be zoned all "C-3" . He felt the ordinance is too restrictive, over all . MOTION: Made by Council Member Fulton, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes Mr. Perry explained that the ordinance was not written to apply only along Eastside Road, but is a City-wide ordinance. He said outdoor activities are allowed in the C-6 District but it is the intent of the ordinance to protect residential areas adjacent to commercial areas. In answer to a question from Council Member Gard, Mr. Perry advised that the rear portion of the properties of Mr. Osborn and Mr. Cook, are currently zoned "Residential" on the General Plan. Council Member Fulton concurred that a service commercial district is needed but felt the proposed ordinance may be too restrictive. He suggested that it be referred back to the Planning Commission. Council Member Gard commented that the intent of the zoning is to buffer residential areas and is in response to a large number of bad experiences. Mr. Perry noted that this would require a General Plan amendment since it is an "up-zoning" . Mayor Kirkpatrick felt that the ordinance may be too restrictive in requiring that everything of a manufacturing nature must be conducted within the building. He also expressed concern about the requirement for overhead and garage doors. Mr. Perry concurred that there are some areas of concern and that it should be referred back to the Planning Commission for further study. 12/3/84 350 He said the intent of the ordinance is to resolve some of the problems that have happened in the past. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the proposed ordinance establishing a "C-6" Limited Service Commercial District, be referred back to the Planning Commis- sion for further study. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-20-84, 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-20-84, 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 November 29, 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 November 29, 1984. He stated that consid- eration of this rezoning by the City Council was originally scheduled for October 1 , 1984. On that date, staff recommended that no action be taken in order to allow the Planning Commission to review the rezoning to resolve a mapping error. Mr. Perry stated that the Planning Commission has unanimously recom- mended rezoning Lake Redding Estates, Unit No. 1 , from "R-1" Sin- gle-Family Residential District and "U" Unclassified District to "R-1-B10" Single-Family Residential District and "U-F" Unclassified District. Included in the recommended rezoning are lots 3357 and 3389 Harlan Drive. 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 area be rezoned as outlined and depicted on the zoning map. It is further recommended that Council ratify the negative declaration and that 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 MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Council make the following findings relative to Rezoning Application RZ-20-84, 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 Board of Administrative Review on August 15, 1984. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. 1708 for first reading, an ordinance of the City Council of the City of Redding amending Section 12/3/84 351 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-20-84) . PUBLIC HEARING - re Rezoning Application RZ-24-84, by Chuck Werner, et al , and City of Redding, Enterprise Area (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-24-84, by Chuck Werner, et al , and City of Redding, Enterprise Area. 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 November 30, 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 November 30, 1984. He stated that the Plan- ning Commission has recommended the rezoning of property in the area generally bounded by Hartnell Avenue, Saginaw Street, Bechelli Lane, and "C" Street, from "U" Unclassified District to "R3-40," "R3-30," and "R3-25" Multiple-Family Residential District and "RM-12" Medium- Density Multiple-Family Residential District. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council . It is the recommendation of staff that the area be rezoned as dis- cussed above and depicted on Exhibit "A." It is further recommended that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Council Member Fulton, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings re Rezoning Applica- tion RZ-24-84: 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 October 17, 1984. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1709 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-24-84) . REZONING APPLICATION - RZ-11-84, by Frank Wilson (L-010-230) Planning and Community Development Director Perry reviewed his memorandum to Council dated November 30, 1984, which is incorporated herein by refer- ence. He stated that on August 6, 1984, Council referred to the Planning 12/3/84 352 Commission the request by the applicant to rezone property located at 2705 Park Marina Drive from "U" Unclassified District to "C-2" Central Commer- cial District. Mr. Perry noted that previously, the Planning Commission had recommended denial of the application. Mr. Perry explained that the intent of the referral was for the Planning Commission to develop site-plan-review criteria; however, staff held up submitting the application back to the Commission until it would respond to a rezoning proposal initiated by the Planning Commission for the area bounded by Park Marina Drive on the west, Highway 44 on the north, the Sacramento River on the east, and Cypress Avenue to the south. The concern was developing one set of criteria for the Wilson property with the possibility that the Commission would recommend an altogether different approach shortly thereafter. At this point, Mr. Perry said, the Planning Commission has approved a combining district approach and directed staff to formalize the ordinance for review and consideration and submission to affected property owners for their input. Mr. Perry stated that the Commission has recommended that Mr. Wilson's property not be rezoned and that the draft ordinance be used as interim guidelines together with several clarifications already discussed with Mr. Wilson. Mr. Perry suggested that, if Council concurs, the appropriate action would be to deny the rezoning or have Mr. Wilson withdraw his application. Frank Wilson, applicant, said he agrees with the staff recommendation on most points but if he is required to go back to the use permit stage, he will be going back to where they were a year ago. Mr. Perry stated that a use permit would be considered according to the new guidelines and would be the quickest way to go. Mr. Wilson agreed to withdraw his application for rezoning. CIVIC AUDITORIUM BOOKING POLICY (A-050-040 and C-050-050) Civic Auditorium Director Montgomery reviewed his memorandum to Council dated November 27, 1984, which is incorporated herein by reference. He reviewed the results of his survey of other facilities within the State of California. Mr. Montgomery said many of the auditorium directors he spoke with pointed out how different their situations are than ours in Redding, where we serve a rural area which is not heavily populated. He said most of the directors would be fearful of booking similar type or same events too close together, causing the promoters to split the profits. Rick Clements, President of American Dream Presents, said they contacted the auditoriums surveyed by Mr. Montgomery and challenged the findings of Mr. Montgomery. He said he agrees that the City should have trade shows, conventions; however, they are not allowed to work with another promoter on a show because of Mr. Montgomery' s policy not to identify promoters. Mr. Clements commented that this policy may be in violation of an anti trust law. Mr. Clements said they had attempted to book a show at the Redding Civic Auditorium for November 29, 1984, and were told that that date was already reserved and Mr. Montgomery would not identify the promoter; however, no show was held on that date. He felt the three-week policy is overly restrictive. When asked by Mayor Kirkpatrick if they challenged the booking, Mr. Clements replied that they did not have the time. 12/3/84 353 Mr. Montgomery replied that the show referred to by Mr. Clements was cancelled by the promoter. He added that most of the promoters are hesi- tant to identify who the act is because agents try to get the best prices for the act and they may go to another promoter. Council Member Demsher commented that this does not seem to be a problem that will be resolved this evening. He suggested that the City Attorney, the City Manager, and Mr. Montgomery get together and review the City' s policy and report back to Council . Mr. Demsher emphasized that the City does need to promote activities at the Auditorium to the benefit of the community. Council Member Gard pointed out that the current policy has been in effect for about ten years and this is the first complaint that has come to Council . She felt the use of protective periods is a common policy and is a long-standing, tried and true procedure. Council Member Demsher maintained that he would like to review the policy and if there are some things that can be improved, they should be. He said the Auditorium has done very well over the years and that should be pro- tected. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton instructing the City Attorney, City Manager, and Auditorium Director to review the Civic Auditorium booking policy for possible improvements. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - December 1984 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for December, 1984. ORDINANCE - re Amendment to Municipal Code Pertaining to Handbills (C-110-100) City Attorney Hays presented a proposed ordinance regarding the dis- tribution of handbills. He said the draft ordinance does not represent a substantive change to the existing ordinance; however, it does address the concerns the City Clerk' s office has regarding the question of licensing. Mr. Hays explained that the intent of the ordinance is to prohibit abso- lutely the commercial distribution of handbills. Mr. Hays suggested that, in view of Pearl Liebels request to seek further information from other cities about commercial handbills, Council may wish to continue consideration of this matter. Council Member Gard stressed that she considers it a poor policy to en- courage people to walk on private property to distribute, or hang on door knobs, any type of commercial handbills. She said she sees a great possi- bility for abuse and would like to see the proposed ordinance considered at this time. Council Member Demsher offered Ordinance No. 1710 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 6.36 of the Redding Municipal Code, pertaining to handbills. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-110-140) The Angle Inn (Patricia Sinclair) 994 Market Street Dakota Soup Company (Pauline Benard) 3306 Bechelli Lane 12/3/84 354 Shasta-Cascade Wonderland Association: (B-130-030-700) Publicity ADJOURNMENT There being no further business, at the hour of 9:45 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: • # ayor ATTEST: a. City Clerk 12/3/84