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HomeMy WebLinkAboutMinutes - City Council - 1980-01-07 1 i 1 1 i City Council, Regular Meeting Police Dept. & Council Chambers Bldg. 1 Redding, California January 7, 1980 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Associate Civil Engineer Hastings. The invocation was offered by the Reverend Hartley F. Lee, Pastor of St. James Lutheran Church. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Absent: None Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Plan- ning and Community Development Director Perry, Electric Director Simpson, Associate Civil Engineer Hastings, Traffic Engineer Hamilton, Waste Treatment Superintendent Gasser, Senior Assistant Planner King, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the minutes of the regular meeting of December 17, 1979 , as mailed to each Council Member. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining WRITTEN COMMUNICATIONS Greg Washburn In a communication to Council dated December 10 , 1979, Greg Washburn of Greg' s Drafting Service, questioned the City' s policy in complying with Section 5537 of the Business and Pro- fessional Code pertaining to Architects but not with Section 6737. 1 pertaining to Engineers with respect to preparation of plans, drawings or specs for multiple family dwellings by a person not registered as a civil, electrical, or mechanical engineer. City Attorney Murphy said he has discussed this with Mr. Wash- burn at length and that his opinion remains unchanged. The law I5 a governing architects within the Business and Professional Code prohibits a non-architect from drafing plans for a residence 0. that is going to be used for multi-family purposes. It is true that a different portion of the Code permits a non-engineer to do engineering work in relation to not only single family units , but also multiple family units so long as the structure is not over 2-1/2 stories in height. Mr. Murphy said that in his judgment, the City is obligated to honor all sections of the Code equally and because the section pertaining to architects prohibits this activity, it is his opinion that this is the controlling law. Mr. Murphy said he has been told that the Legislature is contem- plating changes in this area in the future, but that such changes haven' t taken place yet; therefore, the City is obligated to enforce the Code as it now stands. Mr. Murphy added that Mr. Washburn has not provided an opinion from another attorney, the Attorney General, or a Case Law to the contrary in this regard; therefore, his opinion remains unchanged. ' I Note: Mr. Washburn appeared at the conclusion of the Council meeting and argued his cause. Mr. Washburn was advised that Council would abide by the opinion of the City Attorney and that ' if he wished to pursue the matter, he should hire legal counsel to meet with Mr. Murphy. 1/7/80 1 2 E CHAMBER OF COMMERCE - Presentation of Public Service Award Mike Wyant, representing the Greater Redding Chamber of Commerce, 0 appeared before Council and presented the "Public Official of the Year Award" to retiring City Attorney Earl Murphy. Mr. Wyant O expressed his appreciation to Mr. Murphy, on behalf of the Chamber 1 of Commerce, for his work with the City through the years . 111 Mr. Murphy received the award and expressed his appreciation for same. American Association of Retired Persons, Inc. In a communication to Council dated December 18 , 1979 , the American Association of Retired Persons, Inc. advised that Redding was chosen for consideration as a possible site for a future convention of its National Association with delegates from over 3000 chapters throughout the United States. After a visit by the Manager of Conventions and Forums, AARP, Washington, 7 D.C. , and a report from a promotion delegation of 25 Redding Chapter members who attended the San Diego AARP Health Forum in October, 1979, it has been determined that Redding is qualified to host such a convention, but that our Auditorium is lacking sufficient space to hold a luncheon in separate dining facilities. The addition of expanded dining space in the present Auditorium would make Redding the finest and most complete convention site in Northern California. Council was advised that the Board of Directors of the Redding Chapter of AARP adopted a resolution granting an Honorary Member- ship in said Chapter to Redding Convention Coordinator Ron Heuer for his efforts and outstanding public service in advancing Redding' s chances for hosting the 1983 national convention. City Manager Brickwood said there is a need for additional room at the Auditorium in order to be considered for larger conventions; however, it is presently not feasible to consider such an expansion in light of economic conditions. Mayor Demsher noted that being considered for a convention of this magnitude is a great honor to the City. Northern Air Ambulance In a communication to the City dated December 21, 1979, Richard Robertson, Pilot, Northern Air Ambulance, said it has been brought to his attention that air ambulance patients coming to and from Redding are routinely being charged $50 by one or more ambulance companies for the service of loading or unloading a patient from the airplane. Mr. Robertson said it is his understanding that this charge is allowed only when actual additional expense is incurred by the company, and then only the actual expense may be billed up to a maximum of $50. He recommended that this item be deleted from the City' s ambulance rate schedule because of abuse and because of lack of need for such a charge. He isn' t aware of any air- craft loading situation that would cause expense beyond that incurred in other types of ambulance transfers. City Attorney Murphy recommended that the matter be referred to the Ambulance Committee for consideration. With the concurrence of other Council Members, this matter was referred to the Ambulance Committee for consideration. Redding Redevelopment Agency - Annual Report In a memo to Council dated December 19, 1979, Housing and Redevelop- ', ment Administrator Henson stated that the California Health and 1/7/80 3 Safety Code requires each redevelopment agency to present an annual report to its legislative body and the State Department of Housing and Community Development. The Annual Report, prepared and adopted by the Redding Redevelopment Agency, was submitted to Council Members. Said report covers the period July 1, 1978 through June 30, 1979. Council took no action on this information item. Lisbeth C. Johnson In a communication to Council dated December 18 , 1979, Lisbeth Johnson advised Council that the Sunday Edition of the Chronicle/ Examiner contained a report of the hearing before the Senate Com- mittee on Natural Resources and Wildlife pertaining to the pros .12i) and cons of Senate Bill 4 - the container deposit bill. It was suggested that Council read the bill and consider going on record in support of it as well as so recommending to the State Senate. City Attorney Murphy said that the State of Oregon has been success- ful with a similar program and that it could help extend the life of the City' s Solid Waste Facility and reduce the size of needed future facilities. Mayor Demsher said that Council Members will make a recommendation after they have had an opportunity to peruse said bill. Clear Creek Community Services District In a communication to Council dated December 26 , 1979, the Clear Creek Community Services District submitted a copy of a resolution indicating the request of its Board of Directors , the residents of the community of Happy Valley, the residents of Friendly Hills Subdivision, and Redding Ranchettes Sub- division, that traffic lights be installed immediately at the 1 , 3 r-� intersection of Highway 99 South (Highway 273) and Canyon Road. A petition containing 157 signatures urging same was submitted and is on file in the office of the City Clerk. City Attorney Murphy advised that the State of California has full jurisdiction of said intersection. Mayor Demsher referred this matter to the Traffic and Parking Commission for recommendation, noting also that Council is aware of the State' s jurisdiction in the matter. CASTLE COURT ASSESSMENT DISTRICT NO. 1979-5 The following documents were submitted on behalf of Bond Counsel for filing and adoption relative to Castle Court Assessment District No. 1979-5: Engineer' s Report RESOLUTION - Accepting Report and Setting Protest Hearing MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-1 be adopted, a resolution accepting report and setting protest hearing in Castle Court Assessment District No. 1979-5, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None 1/7/80 - - -- 4 Resolution No. 80-1 is on file in the office of the City Clerk. The Protest Hearing was set for 7 : 30 P.M. , February 19 , 1980 . Notice of Improvement RESOLUTION - Calling for Construction Bids MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-2 be adopted, a resolution calling for construction bids in Castle Court Assessment District No. 1979-5, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 80-2 is on file in the office of the City Clerk. APPOINTMENT - Airports Commission (\ MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman L9 Gard approving the appointment of Mr. Dick Tews as a member of the Airports Commission (to May 1981) . The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 12 , check nos. 67250 to 67969 , inclusive, in the amount of $1, 216, 904 . 13 be approved and paid, and that Payroll Register No. 13, check nos. 122600 to 123127, inclusive, salaries in the amount of $321, 934. 67 for the period December 9, 1979 �,, through December 22, 1979, be approved. Total $1, 538 , 838. 80. � Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Jerry Lawhorn, Ken Reagin, Keith Breshears - Claim filed 12/17/79 MOTION: Made by Councilman Pugh, seconded by Councilman 4-7 Kirkpatrick that the Claim for Damage filed by Jerry Lawhorn, Ken Reagin, and Keith Breshears on December 17 , 1979 be refer- red to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of February 4, 1980. The Vote: Unanimous Ayes Willis E. Brown - Claim filed 12/13/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Willis E. �-� Brown on December 13, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of February 4 , 1980. The Vote: Unanimous Ayes Downtown Office Supply - Claim filed 12/21/79 " MOTION: Made by Councilman Kirkpatrick, seconded by Councilman y \' Fulton that the Claim for Damage filed by Downtown Office Supply on December 21, 1979 be approved in the amount of $100. 00 based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes 1/7/80 5 Sara Wrask - Claim filed 12/19/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Personal Injury filed by Sara Wrask on December 19, 1979 be referred to the City Attorney /Z and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of February 4, 1980. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Herbert W. Johnson - Claim filed 11/28/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that. the Claim. for Damage filed by Herbert W. Johnson on November 28, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes California State Automobile Association on behalf of J. L. Turskey - Claim filed 12/11/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Claim for J. L. Turskey filed on December 11, !*3 1979 be continued until the meeting of January 21, 1980 , at the request of the Insurance Committee. The Vote: Unanimous Ayes Insurance Company of North America on behalf of Peri Olds- mobile-Cadillac - Claim filed 11/5/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by the Insurance Company of North America on behalf of Peri Oldsmobile-Cadillac on November 5, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Varian Aconte Frigo - Claim filed 11/5/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage and Personal Injury filed by Varian Aconte Frigo on November 5, 19.79 be denied, and that the �'� claimant be so advised. The Vote: Unanimous Ayes Roter Investments - Claim filed 11/7/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Roter Investments on November 7, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous. Ayes Charles Cobb - Claim filed 11/20/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Personal Injuryfiled by Charles Cobb on November 20, 1979, be denied, and that the claimant be. so: / � advised. The Vote: Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Murphy advised Council that the City has been served with the following Summons and Complaint: Al Otto, as guardian ad litem for Shelley Otto, a. minor, vs. City of Redding et al . This matter has been referred to the City Insurance Carrier. SETTLEMENT OF CLAIMS City Attorney Murphy advised Council that the following Claims for Personal Injury and Damage have been settled by the City Insurance Carrier: ... Kris Hart - Claim for Damage - $424. 79 3 Lawrence Ledford - Claim for Damage - $119. 50 X2 Charles Church - Claim for Personal Injury - $188. 00 Ila 1/7/80 6 SOLAR ENERGY STUDY GROUP - Report and Recommendation In a memo to Council dated January 4, 1980, Planning and Community Development Director Perry advised that on December 17., 1979 , Council requested that a member of staff be assigned to work with a local citizens group to assist in furthering the application of solar energy in the Redding area. It is staff' s understanding that the primary goals of the committee are to develop local consumer infor- mation about the tax and cost benefits of solar energy systems rela- tive to our climate. The group is also interested in solar-energy site planning and methods of construction. �V Mr. Perry advised that in order to provide a working relationship \ with the committee, Jim King will be assigned toattend the meetings as a representative of the City in order to inform the committee of City policies and programs and to give and receive information that is developed. Mr. Perry said that this step, together with a staff team consisting of members of the Electric and Planning Departments, can identify areas where energy can be conserved and develop the necessary policies for Council consideration and implementation. Councilwoman Gard said that she and Councilman Pugh had attended one of the Solar Group meetings and felt it was very worthwhile and agrees it would be advantageous for the City to be involved. Mayor Demsher said that participation in this groupwill help the City in communicating ideas to the public as well as provide oppor- tunities to become involved in the research and technology of the matter. AWARD OF BID - Water Meters MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the City Manager that Bid Schedule No. 1159, Water Meters, be awarded to Pacer Piping Supplies, Inc. on their low bid for the calendar year 1980. ry- Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None CONTRACT - Northern California Power Agency City Manager Brickwood submitted to Council a contract between the City and the Northern California Power Agency for the City to be reimbursed the maximum sum of $23, 234 for performing electric energy conservation -programming related to insulating and weatherstripping p existing residences. Mr. Brickwood said this contract provides \�& funds through. March 1,. 1981.- NCPA has contracts with the .California State Energy Commission for a two-year period, therefore the City anticipates funding for this program through March 1982 . It is respectfully requested that Council approve this contract and authorize the City Manager to execute same. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS 0 Public works Director Arness submitted the Public Works Planning 3 Reports for January 1980. NOTICE. OF COMPLETION -, St. .Patricks. 6-Inch Water Line Replacement MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ,))0\ accepting St. Patricks 6-Inch Water Line Replacement, Bid Schedule 'D No. 1150, as being completed satisfactorily, and instructing the , City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes 1/7/80 - -_r-_ __ -- - - - - — - - __________________J Correction to Council Minutes of January 7 , 1980 as approved on January 21, 1980. City Clerk Brayton advised Council there is a technical error in the minutes of the January 7, 1980 Council meeting with respect to the date of filing in the motion concerning the Notice of Determi- nation re Use Permit UP-237-78, by Cypress Properties. The motion was corrected as follows : MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of staff that the Notice of Determination filed on December 21, 1979 re Use Permit UP-237-78, Cypress Properties, be rescinded due to errors in project description, and that a second Notice of Deter- mination be approved for filing, which Notice shall set forth the project description as "Construction of a 230 , 000 square- foot shopping center on 22. 5 acres , related flood channel, utility and road work" , and that the Canby overcrossing is not, and has not been, approved as a project. The Vote: Unanimous Ayes Correction of the Minutes of January 7 , 1980 , as approved by Council on March 3 , 1980 by the addition of the following on Page 4 to indicate that said notice was filed in regards to the Castle Court Assessment District: "Notice Inviting Sealed Bids" 7 NOTICE OF COMPLETION - Rio Street Assessment District MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting Rio Street Assessment District (Chapter 27) , Bid Schedule 3 _I No. 1143, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes AGREEMENT - North State Security Patrol Councilman Pugh abstained from discussion and voting on this item City Attorney Murphy said that the agreement with Archie A. Boek dba North State Security Patrol has been revised to include an increase in compensation for the security officers in the Redding Mall. Staff feels the request is reasonable and recommends approval. 1-/63 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the agreement between the City of Redding and Archie A. Boek dba North State Security Patrol, and authorizing the Mayor to sign same. The Vote: Unanimous Ayes with Councilman Pugh abstaining RESOLUTION - Grant for Improvements in Mountain Lakes Industrial Park MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-3 be adopted, a resolution of the City Council of the City of Redding authorizing filing of application with the Economic Development Administration, U. S. Department of Commerce , United States of America, for a Grant under the terms of Public Law -S-3,3-- 89-136 S-3S'89-136 as amended, for electrical and natural gas extensions , street improvements, and water and sewer facilities within an expanded portion of the Mountain Lakes Industrial Park. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 80-3 is on file in the office of the City Clerk. CONTRACT - EIR for Cascade Sewer Lines Councilwoman Gard abstained from discussion and voting on this item Planning and Community Development Director Perry reviewed his memo to Council dated January 2 , 1980. He stated that construction of S2 7 sewer trunks in Cascade has been approved by HUD as part of the City' s three-year comprehensive Discretionary Grant in an amount of $710 ,500. In order to proceed with this project, an Environmental Impact Report needs to be prepared. Proposals for preparation of this report have been received. It is the staff recommendation that Council approve the agreement with Terra Scan Environmental Consultants in the amount of $5 ,900 , and authorize the Mayor to execute same. It was noted that funds for this work are available in Community Development accounts . MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the aforestated recommendation. The Vote: Unanimous Ayes with Councilwoman Gard abstaining RESOLUTION - Lot Line Adjustment LS-106-79 Councilman Pugh said that upon reviewing this item, he noted the street address listed as 1304 West Street is incorrect and should /0 84 read 1300 West Street. He then advised that he would be abstaining from further discussion and voting in this matter. 1/7/80 8 Planning and Community Development Director Perry reviewed his memo to Council dated January 3, 1980, stating that at its regular meeting of November 28 , 1979, the Board of Administrative Review approved a request by Weshasta, Inc. to adjust a property line between parcels located at 1925 Shasta Street and 1300 West Street. The area was shown on the Vu Graph. Subsequent to this action, the applicant requested that the parcel-map requirement be waived. It is the staff recommendation that the parcel-map requirement be waived. If Council concurs, a resolution has been prepared for consideration. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-4 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application LS-106-79. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 80-4 is on file in the office of the City Clerk. RESOLUTION - Annexation No. 80-1 - Riverview Golf and Country Club Councilman Pugh abstained from discussion and voting on this item Planning and Community Development Director Perry reviewed his memo to Council dated January 3, 1980. He stated that the Board of Directors of the Riverview Golf and Country Club have requested annexation of the remaining portion of the club property outside the City limits. He advised that the clubhouse and tennis-court area only are presently in the City. The area was depicted on the Vu Graph. It is the staff recommendation that Council commence annexation proceedings by adoption of the prepared resolution. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 80-5 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annex- ation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated Annexation No. 80-1 (Riverview Golf and Country Club property) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 80-5 is on file in the office of the City Clerk. GRANTS-IN-AID PLANNING GRANT - "Old City Hall" N>` Council was advised that the State Office of Historic Preservation has selected "Old City Hall" as a project worthy of receiving a planning grant in the amount of $20, 000 under the National Historic Preservation Grants-in-Aid Program of the National Historic Preser- vation Act of 1966. It is recommended that Council authorize the City Manager to accept said grant allocation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated recommendation. The Vote: Unanimous Ayes 1/7/80 9 NOTICES OF DETERMINATION - Use Permit UP-237-78 , Cypress Properties Planning and Community Development Director Perry reviewed his memo to Council dated January 7, 1980. He stated that the Notice of Determination filed for Use Permit UP-237-78, Cypress Properties , indicated approval of both the shopping center and the overpass. In order to erase any confusion concerning what was approved, staff has prepared a Notice of Determination that clearly states that only the shopping center and related utility, drainage and street work were approved. It is the staff recommendation that the first Notice be rescinded and that the second Notice be approved. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of staff that the Notice of Determination filed on December 11, 1979 re Use Permit UP-237-78 , Cypress Properties , be rescinded due to errors in project description, and that a second Notice of Determination be approved for filing, which Notice shall set forth the project description as "Construction of a 230, 000 square- foot shopping center on 22. 5 acres, related flood channel, utility and road work" , and that the Canby overcrossing is not, and has not been, approved as a project. The Vote: Unanimous Ayes PUBLIC HEARING - Removal of Barricade on Valentine Lane The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on removal of the barricade on Valentine Lane. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearings Affidavit of Posting - Notice of Continuation of Public Hearing /py The City Clerk advised Council that one communication was received at Council level from Annamarie E. Huber, dated January 7, 1980, favoring retention of the barrier. Planning and Community Development Director Perry reviewed his memo to Council dated November 29, 1979, which memo is hereby made a part of these minutes by reference. He stated that at the conclusion of the Public Hearing on October 23, 1979, the Planning Commission, by a vote of five to one, recommended retention of the barricade on Valentine Lane; that the barricade be modified to permit passage of emergency vehicles, and that Council pursue the extension of Dove Street. The location of the barrier was depicted on the Vu Graph. Also submitted with the staff memo were copies of the petitions favoring removal of the barricade and favoring retention of same, letters received both for and against said removal, traffic counts on streets in the area, the minutes of the Planning Commission hearings of August 9, 1977, and on October 23 , 1979, and an additional petition opposing connection of Dove Street. Mr. Perry advised that the barricade in question was installed in compliance with one of the conditions of the tentative subdivision map of Rivella Vista Estates, approved by the Planning Commission in August, 1977. At that time, the Commission stipulated that "A barrier is to be installed at the end of Valentine Lane and that the barrier shall be removed at the time Dove Street is connected or upon the approval of the Planning Commission. " Mr. Perry said that changes that have occurred in the area since 1977 include the 1/7/80 H 10 construction of five subdivisions listed as follows: Sunrise Estates , Teal Court, Rivella Vista Estates, Riverhome, and Riverland, Unit No. 3; and the construction of a bridge and roadway at Ellis Street. The subdivisions created 142 new lots, many with homes now con- structed thereon. He advised that in 1977, when the barricade was installed, it was the opinion of staff that there should be continuity between the areas on either side of Juniper School but that such connections should not induce through traffic. As a compromise for the area, the Commission required the connection but directed that a barricade be installed. The barricade would permit school children or pedes- trians to circulate but would prohibit cars. In considering the petitions, the Commission considered the three following alternatives: Removal of the barrier Retention of the barrier The City to construct the remaining segment of Dove Street Mr. Perry said that with respect to the latter alternative, the City would have to acquire the right of way, pay severance damages and build the street. It is the opinion of staff that the traffic counts do not warrant this cost. A fourth alternative could be the formation of an assessment district for the completion of Dove Street, with the standard City participation. The problem here would be to define who benefits. Mr. Perry said that in reviewing the application with the Com- mission, the staff recommended removal of the barricade since the Ellis Street bridge was constructed to provide a second access to the area and the number of units that now exist in the Wyndham Lane area warrant a point of access to the north. He said the Commission felt that people had settled on Valentine Lane because it was a quiet residential street and that removal of the barrier would cause an increase in traffic. The Commission felt that the City should connect Dove Street and that the barrier should be retained on Valentine Lane until another point of access is developed. He noted that it had been stated by one of the residents that the City promised that Valentine Lane would become a dead-end street at the time of annexation; however, staff has researched the records and there is no indication that such a promise was ever made. Mayor Demsher requested that members of the audience who wished to speak confine their remarks to new information. He advised that Council Members have read the staff memo and attachments and are aware of the issues raised at the Planning Commission hearings. The following persons spoke in favor of removing the barricade: Beatrice Curry, 2775 Teal Court Sharon Canale, 2877 Wyndham Lane Mrs. Curry said that she is the spokesperson for the persons desiring that the barricade be removed. She said that the Fire Chief and Police Chief have indicated that it would be a good 1/7/80 11 idea to remove the barrier for safety reasons . She stated that several families who reside north of the barricade indicated they have been advised that if the barricade is removed, it would increase their cost for installation of curbs , gutters and side- walks , and desired that this matter be clarified. Public Works Director Arness replied that improvements including curbs, gutters and sidewalks are the responsibility of the proper- ty owners although the City does participate by providing the asphalt. City Attorney Murphy added that whether or not the barricade is removed will make no difference in the cost to the property owners of such improvements. He said the impact will be the same. Councilman Pugh stated that there may be a potential impact if property owners of over 50% of a particular street sign a petition favoring improvements as the remaining property owners on said street will be required to improve their section also; however, the barrier will not have an effect on the cost. Mrs. Canale pointed out that Valentine Lane is a public road and because all property owners pay taxes, the roads should be open to the public. She said the City is maintaining a private road for the residents in the Valentine area. The following persons spoke in favor of retaining the barrier: George Clark, 3000 Valentine Lane Margaret McMahan, 2900 Valentine Lane Dale Cowan, 301 Weldon Street Buzz Klingler, 2999 Valentine Lane Dudley Munns, Riverview Drive H. T. Barnard, 725 Parkview Avenue Ann Huber, 497 Weldon Richard Maxion Westley, 4249 Shasta Dam Blvd. , Central Valley The issues raised by those favoring retention of the barrier are as follows: 1. Safety of school children north of barricade and fear it might become another Alta Mesa; 2. Belief that Market Street could carry all of the traffic in the event of a major disaster; 3. Distinct sharp turns on Valentine Lane, Weldon and Freebridge are not designed for heavy traffic load; 4. Through traffic will change the life style of the neighbor- hood; 5. Other subdivisions such as Redding Heights , Sunset Terrace, Westwood Manor and Greenwood Heights have only one access; 6 . Barrier is designed so emergency vehicles can go through if the need arises; 7 . Development south of barricade should be responsible for second access; and, 8. Polk Street offers a secondary access for the residents south of the barricade. H. T. Barnard said that it had been promised that Valentine Lane would become a dead-end street at the time of annexation; however, that promise has been forgotten. Dudley Munns said he favors retention of the barricade, but is opposed to cars parking in front of it, in the event there is an emergency and vehicles must go through. 1/7/80 12 Mrs. Curry stated that the persons she represents do not feel that the barricade would be easy to go through in the event of an emergency. Also, that they do not consider Polk Street as a secondary access. She said they are as concerned about traffic pollution as the residents north of the barricade; however, do not feel that a public street should be blocked off to through traffic. Richard Maxion Westley, Attorney, said that he has not seen an EIR or negative declaration for this matter in the packet of material submitted to Council. If Council decides to remove the barricade, it will have a substantial impact on the environ- ment in the way of changes in the quality of life style presently enjoyed by the residents on Valentine Lane. Should the barricade be removed, there would be an increase in litter, noise, traffic, and crime. He feels a thorough examination is needed by an unbiased third party prior to making a final decision. He favors ordering an EIR. Councilman Fulton asked Mr. Westley if he had made his presentation before the Planning Commission. Mr. Westley replied in the negative. Bill Ramsdell, 2990 Dove Street, said he has reviewed the packet and is not for or against the proposal. He said he has not reached a conclusion as to what the long-range impact will be and feels there is potential for other alternatives that could address the overall traffic problem. He said the long-range impact of removing the barricade could amount to more than just providing access for the residents southerly of the barricade. He favors an EIR process which could develop alternative solutions. He noted that the City has authorized a position for a Transportation Planner who could formulate such information and the impacts could then be addressed. Mr. Perry advised Council that the barricade was put in as a condition of the subdivision and CEQA makes provision for finding that modifications to existing highways, streets , etc. , can be categorically exempt projects. Mr. Ramsdell noted that if Dove Street were extended, the project would not be categorically exempt. Mr. Perry concurred. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the public hearing be closed. The Vote: Unanimous Ayes Councilman Pugh said he has reviewed all of the material submitted, that he grew up in that neighborhood, and has been in the area on many occasions and is still of the opinion that the barricade should remain. He said it was installed for a particular purpose noting that none of the streets - Weldon, Dove, Freebridge,etc. - were capable of carrying any type of traffic load when the first unit of the subdivision was approved. The streets are substandard in width, there are numerous sharp curves, the intersections are built up and are not designed to handle a large amount of traffic. He said when looking at a map of this area, going up Valentine Lane to the eastern part of town would be a nice route to take, if the barricade were removed. Mr. Pugh said he agrees the City is going to have to determine some new traffic patterns and that when Council reviewed the subdivisions going in, it tried to do something with Wyndham Lane in order to obtain additional access. He acknowledged that the City has not been successful in pro- viding a second access in very many subdivisions . 1/7/80 13 Mr. Pugh said that, secondly, the barricade was installed when the first unit of the subdivision was developed and has been there continuously. He feels buyers of homes in the area should have been aware that the barricade is there for a purpose. He feels that the extension of Ellis Street will compound traffic problems around the Juniper School. He feels that in the interim, he cannot go along with allowing traffic through the barricade. Rather than removing it, the City needs to study the traffic in the area and, in light of Propositions 13 and 4, and the lack of funds for such development, an assessment district may be needed to generate needed funds . Councilwoman Gard said she doesn' t share staff' s hesitancy for establishment of a benefit district. She questioned if such a district could be formed where lots developed after 1977 must participate, assuming there was a 60a signup. Bond Counsel Sperry responded that he belives the City has the capacity to propose that requirement in a district noting that would include all improved property. Mrs . Gard feels that a proposal for extension of Dove Street should include improvement of Polk Street also. Mayor Demsher said that if the barricade is removed, one diffi- cult traffic situation will be traded for another. He feels that until an adequate solution is found, he is not ready to vote for a trade. Mrs . Gard stated that the Planning Department had prepared some extensive traffic studies for this area in the past and asked if they are still valid. Mr. Perry responded that they are valid to a limited extent. Councilman Kirkpatrick doesn' t think that traffic will increase substantially on Valentine Lane if the barricade is removed. He feels the most direct route for the residents in the Riverview Lane area is Highway 273 rather than through this residential area on a roadway with numerous curves. He indicated there are many reasons why he personally feels traffic studies would be advan- tageous, but must be performed with the barricade removed. Such studies would make the determination as to just how much traffic will actually travel this route. Councilman Fulton noted that Wyndham Lane cannot be widened be- cause of existing oil storage tanks and said he goes along with Mrs . Gard that Dove Street should be completed by an assessment district and upon completion, the barricade should be removed. MOTION: Made by Councilman Pugh, seconded by Mayor Demsher approving the recommendation of the Planning Commission that the barricade be retained until another point of access is developed. Voting was as follows: Ayes : Council Members - Pugh and Demsher Noes: Council Members - Fulton, Gard, and Kirkpatrick Absent: Council Members - None The motion did not carry. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the City immediately proceed with an assessment district for 1/7/80 14 development of Dove Street, and that the decision pertaining to the barricade be held in abeyance. Councilman Pugh said he is not of the belief that the development of Dove Street will help the situation as it will severely impact the narrow substandard streets. Said streets are not able to handle the traffic around the school now and it is not safe to route additional traffic into the area. Mrs. Gard said that extension of Dove Street is not the total solution; however, because Wyndham Lane is so severely impacted, she feels it is imperative that Dove Street go through in order to help the situation. She said that at the 1977 Planning Commission hearing, the assumption was that the extension of Dove Street would be an immediate reality as it is an integral link to the traffic pattern in the area. Mr. Kirkpatrick asked how much time a benefit district would take. Mr. Perry responded that it would take several months . He said that preparation of an EIR for the area would provide alternatives for consideration. Mr. Kirkpatrick feels that traffic studies performed with the barricade removed would be a shorter process and that an adequate decision cannot be made without first performing such studies to determine just exactly what the problems are going to be. In discussing the motion made by Council Member Gard, Councilman Fulton determined that he was not in agreement with the motion and withdrew his second in its entirety, and moved as follows : MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the City immediately proceed with a benefit district for development of Dove Street and that upon completion of same , the barricade be removed immediately. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Pugh Noes: Council Members - Kirkpatrick and Demsher Absent: Council Members - None PUBLIC HEARING - Appeal of Use Permit UP-309-79 , by Mark McGehee The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Appeal of Use Permit UP-309-79 , by Mark McGehee. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The City Clerk advised Council that no written protests have been received at Council level. Planning and Community Development Director Perry reviewed his memo to Council dated January 3, 1980. He stated that at its regular meeting of November 27, 1979 , the Planning Commission granted John Trussell permission to construct a two-story, 12- unit apartment complex on property located at 2424 Victor Avenue in a "U" Unclassified District. Subsequent to that action, Mark McGehee, an adjoining property owner, appealed the decision to the City Council. The area was depicted on the Vu Graph. The letter of appeal requests that the property be restricted 1/7/80 Correction to Council Minutes of January 7 , 1980 as approved on January 21, 1980 . Councilman Pugh requested clarification of the minutes with respect to the motion concerning the removal of the barricade on Valentine Lane to indicate that the barrier is to be removed upon completion of Dove Street. The motion was corrected as follows : MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the City immediately proceed with a benefit district for development of Dove Street and that upon completion of Dove Street, the barricade be removed immediately. Voting was as follows : Ayes: Council Members - Fulton, Gard, and Pugh Noes : Council Members - Kirkpatrick and Demsher Absent: Council Members - None 15 to a maximum of eight apartment units, since access to the property is by a 30-foot-wide easement. The one-half acre parcel, which was created in 1976 by variance under County juris- diction, has a 30-foot wide easement access to Victor Avenue across adjacent properties. In 1977, a use permit for a two- story, 8-unit-apartment complex was approved. The permit, which has since expired, was based on the 25-foot-wide, paved driveway across the easement. The 1977 density was based on the policy adopted after the annexation that limited multiple-family develop- ment to a maximum density of one unit per 2500 square feet of land area. The proposed density, using one-bedroom units, under the current application is consistent with "RM-12" standards. Mr. Perry gave a comparison of the 1977 permit with the current application. Mr. Perry advised that the matter was initially referred to the Planning Commission from the Board of Administrative Review due to City policy in regard to easement access. In this case, it was the opinion of staff that because of the location of the property, the proposed use is reasonable. The apartments would serve as a transitional use between commercial uses to the south and east, and single-family uses to the north and west. Mr. Perry said it is the opinion of staff that there is not a substantial difference between the current application and the one approved in 1977; therefore, it is the staff recommendation that the appeal be denied and that the action of the Planning Commission be upheld. Councilwoman Gard questioned what the difference in trips would IIIIII be for a one-bedroom apartment versus a multiple bedroom unit. Mr. Perry responded that the average appears to be six-seven trips per day for multiple-family development regardless of the number of bedrooms. He said if it is assumed there are eight trips a day per dwelling unit, there would be 32 trips per day difference. He noted that one problem of the adjacent com- mercial renters appears to be use of the easement for parking. Robert Rehberg, Attorney, representing Mark McGehee, said that his client did not object to approval for eight units , but that development of a 12-unit apartment will impact the traffic on Victor Avenue. He pointed out that the County required a 40 ft. easement to serve the rear of the parcel, but that a 30 ft. easement was all the applicant could acquire; therefore , it is less than the standard width. Mark McGehee, 3363 Riverside Drive, Anderson, said the easement to Mr. Trussell' s property, located to the rear of Mr. McGehee' s commercial development, is only 30 ft. wide which is less than the required width for an access and was not designed to handle high density development. He said he had entered an agreement with Mr. Piper and they both gave 15 ft. of their respective property, and paved it, so that there would be an access to Mr. Trussell' s property. He is also concerned with the traffic jams that will be created on Victor Avenue when the north-bound traffic attempts to turn into the commercial business of his renter through the south-bound traffic. Mr. McGehee said he is also empathetic to the single-family residents in the area who are concerned with increased noise and traffic pollution. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes 1/7/80 16 Mrs. Gard questioned whether twelve 1-bedroom apartments might generate more traffic than eight 2-bedroom apartments, or a commercial business. Mayor Demsher said he was inclined to agree that there could be a problem of more traffic being generated by twelve 1-bedroom apartments although he has no basis for this assumption. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the appeal be denied and the action of the Planning Com- mission be upheld. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Gard Absent: Council Members - None PUBLIC HEARING - Site Plan Review SPR-3-79 by Tony Maier Councilman Pugh abstained from discussion and voting in this matter The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Site Plan Review SPR-3-79 by Tony Maier. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The City Clerk advised Council that no written protests have been received at the Council level. Planning and Community Development Director Perry reviewed his staff memo to Council dated January 3, 1980. He stated that on November 25, 1979, the applicant submitted a letter requesting an extension of the time for accomplishing several of the require- ments of the site-plan review, to change fencing materials and to construct a covered loading dock on the south side of the building. Mr. Perry said that since that letter was filed, Mr. Maier has completed all of the requirements of the site-plan review, leaving only the amendment request for the loading dock. The area was shown on the Vu Graph. It is the staff recommendation that Council approve the request to construct a loading dock as depicted on the site plan, subject to the same conditions previously imposed. City Attorney Murphy commented that the landscaping and trees have been planted around the building and it looks quite a bit different than when Council last discussed it. Councilwoman Gard noted that the addition of a loading dock will carry a definite noise factor. Mr. Perry said he doesn' t believe it will cause any more noise than there will be anyway. Ed Devan, 2050 Daut Road, noted that there are two cars parking in the driveways and that they back out into the traffic on Oasis Road. He said the purpose of requesting the change in the location of the doors was to eliminate interference with the traffic. He also believes the 10 ft. area designated for land- scaping by the Covenants of the Economic Development Corporation should be developed. He feels the loading ramp should be located on the east side of the railroad spur. 1/7/80 17 Mary Gouldsmith, 4091 Oasis Road, questioned why this is before Council again. She said that Mr. Maier has changed his plan time after time which indicates very poor planning on his part. She objects to the compressor that is being stored in the yard, having to look at the doors, and the proposed loading dock. She feels the requirements of Ordinance No. 1346 have not been complied with in regard to not storing materials on the grounds , and submitted pictures showing the compressor. Mrs. Gouldsmith said she has been exposed to loud and filthy talk from the workers which in- hibits her from going out into her yard. Ellen Pelligrini, 5001 Oasis Road, said that the reason Mr. Maier was required to install the doors in the building was to keep the trucks from backing out onto the street, but noted that she has been stopped two times on Oasis Road by trucks . She stated that on January 3, an American Steel truck was parked in front of the building unloading steel, which leads her to believe that Mr. Maier is not complying with the requirements that were imposed on him and that he doesn' t intend to. Mrs. Pelligrini also noted that any future lot split would create a substandard industrial parcel. She is opposed to the proposal for a loading dock because of the additional noise pollution it will create. Kathleen Gulledge, 1681 Woggon Lane, said she doesn' t feel the residents in the area should have to continue policing this de- velopment. She questioned why it is before the City again. She feels that the two driveways through the building were constructed for unloading and loading, and Mr. Maier should be utilizing them for that purpose. She said that what Mr. Maier said is what he should do but that she doesn' t trust him. She opposes the con- struction of the loading dock. Betty Lyon, 1671 Woggon Lane, stated that she has the full view of the building from her residence and that putting up with the Coca Cola plant is enough; that she doesn' t want to look at another backyard full of junk. She feels loading docks are built to hold excess boxes and junk and opposes construction for that reason. Darrel Gouldsmith, 4091 Oasis Road, said he is opposed to this additional request by Mr. Maier noting that it will detract from what has been accomplished, indicating that the landscaping does look good. Mr. Gouldsmith said that Mr. Maier' s request for a load- ing dock includes a canopy-type covering, noting that he has driven by Mr. Maier' s business on Caterpillar Road, which has a similar loading dock, and the area is full of junk, etc. He doesn't want that to happen around this building. He also noted that Woggon Lane is a private lane, which was heavily used by trucks, etc. , during construction, and now that the rains have set in, the pavement has broken up. Mr. Gouldsmith questioned who is responsible for repairing this road. City Attorney Murphy replied that the road is in the County and he knows of no obligation the City has to repair same. James Jurgensen, 2352 Jonquil Way, Van Dyke Construction Company, said that Frank Hawkey of Anderson checked the radius turn coming out of the building with his longest truck, and it can make the turn. Mike Jenner, 1981 Bechelli Lane, said that the first truck that came in the front door of this building was a 55 ft. rig, which unloaded steel, and went out without having any problem making the 1/7/80 ji 18 turn. Mr. Jenner said it is not their intention to use the dock for other than loading and unloading, noting that the only evidence of a dock will be the railing as the top of the dock itself will be flush to the ground. He noted that a shield will be built around the compressor, but they are waiting for approval of their request this evening before building it. He stated that they are in a semi-stage of black topping; therefore, have shut off the parking area which forced the cars to park in the driveways . MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining Mayor Demsher said he shares some of the concerns of the people in the neighborhood noting that it has been a tiresome issue and he can understand why they are upset. Mrs. Gard said she finds it hard to believe that a businessman hasn' t thought his plans through better. She said this has been an exhausting process and there has to be an end to it. She feels the noise factor is going to be a critical issue and that she disagreed with the Planning Director. City Attorney Murphy said that consideration of a railroad spur may be forthcoming, as undoubtedly there will be outdoor loading operations to serve industrial operations to the east. Mrs. Gard noted that such a request may require an EIR. Mr. Murphy replied that this is just an extension of an existing spur. Councilman Fulton noted that Mr. Maier is working under constraints imposed by the City and may have to adjust to them by adding the loading dock as a necessary part of his operation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the staff recommendation for construction of a loading dock as depicted on the site plan and subject to the same conditions previously imposed. Voting was as follows : Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Gard and Demsher Absent: Council Members - None Ili Abstain: Council Members - Pugh The motion did not carry. PUBLIC HEARING - Reassessment of Assessment No. 9 , St. Nicholas , Ward, Mira Vista Street Assessment District The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the / \ Public Hearing on Reassessment of Assessment No. 9 , St. Nicholas, Ward, Mira Vista Street Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing St. Nicholas, Ward, Mira Vista Street Assessment District Assessment Split for Assessment No. 9 { 1/7/80 19 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 80-6 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 9 in St. Nicholas, Ward, Mira Vista Street Assessment District 1977-3. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 80-6 is on file in the office of the City Clerk. AJBLIC HEARING - Rezoning Application PD-7-79 by Frank Coughlin Councilman Pugh abstained from discussion and voting on this item The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application PD-7-79, by Frank Coughlin. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Staff Report dated January 3, 1980 /yy The City Clerk advised Council that no written protests have been received at Council level. Planning and Community Development Director Perry reviewed his memo to Council dated January 3, 1980. He stated that at its regular meeting of December 11, 1979, the Planning Commission unanimously recommended approval of Rezoning Application PD-7-79 , by Frank Coughlin, proposing to develop a 56-unit planned de- velopment on property located generally north of Hilltop Drive and east of Interstate 5. The area was shown on the Vu Graph. Mr. Perry said the project is proposed to be developed with 56 two-story townhouse units, a tennis court, recreation building, and a swimming pool, and is consistent with the Redding General Plan and the Planned Development ordinance. 1 It is the staff and Commission recommendation that both the rezoning and the tentative map be approved, subject to 25 conditions. A list of the conditions was submitted to Council If Council concurs, it is recommended that the negative decla- ration be ratified, that the prepared ordinance be offered for first reading, and that Council make the necessary findings as set forth in the Government Code of the State of California, Section 66474, and in accordance with Section 18. 36. 080 of the Redding Municipal Code. Councilwoman Gard asked how the open space area will be preserved. Mr. Perry responded that the rezoning and Condition 21 require the property to be used as open space. 1/7/80 20 Kurt Reichel, on behalf of the developer, noted the area would be used for open space, jogging and hiking. He also asked if it would be permissible to shift the 60 ft. road slightly. Mr. Perry responded that the road would be pin pointed with the final plans. Mr. Reichel referred to a street reimbursement agreement involving the Woodcliff Estates Subdivision. Mr. Arness said he knew of no reimbursement agreement involving these streets. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Public Hearing be closed The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council makes the following findings regarding Planned Development Application PD-7-79, by Frank Coughlin: 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 November 17, 1979. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that in accordance with the Government Code of the State of California, the City Council finds and declares that, as set forth in Government Code Section 66474, none of the conditions as listed in (a) through (g) of said Section exist with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans; and that, in accordance with Section 18 . 36. 080 of the Redding City Code, Council makes the following findings : 1. That the number of units and the improvements proposed will not over-burden the capacity of drainage channels , utility lines or streets. 2. That the density and design of the project are compatible with adjoining development; 3. That there are no unmitigated substantial adverse environ- mental impacts; 4. That the development will conform with the goals and ob- jectives of the General Plan. 5. That the development accomplishes the objectives of the "PD" District. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Planning Commission and staff that both the rezoning and the tentative map be approved, subject to 25 conditions. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilwoman Gard offered Ordinance No. 1470 for first reading, an ordinance of the City Council of the City of Redding amending 1/7/80 21 Section 18. 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (PD-7-79) PUBLIC HEARING - Rezoning Application PD-6-79 by Modus Operandi The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application PD-6-79 by Modus Operandi. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated January 3, 1980 Planning and Community Development Director Perry reviewed his memo to Council dated January 3, 1980, which is hereby made a part of these minutes by reference. He stated that at its regular meeting of November 27, 1979 , the Planning Commission unanimously recommended rezoning of property located at 2155 Park Marina Drive from "R3-15" Multiple Family Residential District to "PD" Planned Development District. The area was shown on the Vu Graph. Mr. Perry stated that as proposed, the development would convert 43 existing one- and two-bedroom j� apartments to condominiums and would construct six new units /zll for a total of 49 units. The project is the third phase of the redevelopment of this property. The first phase consisted of the conversion of the 12 cottages to the north from rentals to individual ownership. The second phase,not yet constructed, consists of a 48-unit planned unit development north and west of the subject property. Mr. Perry said that the project meets the requirements of the planned-unit-development district and is consistent with the Redding General Plan. The only exception the developer has requested under the Planned Development District is to provide only one covered parking space per dwelling unit in order to preserve the open character of the central area. Two parking spaces, however, will be provided for each unit, plus additional guest and recreational-vehicle parking. Mr. Perry said it should be noted that Condition No. 17 , which references the State Subdivision Map Act, requires 120 days ' notice to each of the tenants prior to termination of tenancy due to the conversion. The section also requires that existing tenants be given the first option to buy the new unit at the same terms offered to the general public for a 60-day period. It is the recommendation of both the Planning Commission and staff that Council ratify the negative declaration and approve the rezoning and the tentative map, subject to 26 conditions . It is also recommended that Council make the necessary findings as set forth in the Government Code of the State of California Section 66474, and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans. Councilwoman Gard asked about a Senate bill pertaining to the Subdivision Map Act and the right of the tenant to have first option with regard to condominium conversions. City Attorney Murphy said he knows there are several pending, but knows of none that have been adopted. He questioned if 1/7/80 22 Council wished to hold this matter over pending research into said bill. Mr. Perry mentioned Senate Bill 823, but stated that the City is in compliance with the Subdivision Map Act. Brad Brown, 2115 Phobos Court, said he is familiar with two bills (A.B. 263 and A.B. 813) pertaining to condominium con- versions and has information on them. He opposes condominium conversions because they tend to be inflationary and put people out of their homes; they turn into assessment districts of their own; often it results in trauma to the elderly because of cost and upkeep, and they deplete rentals arbitrarily. He said there doesn' t appear to be enough information available on the potential damaging effect they have. He advised that in his research of this matter, he has learned that HUD, the U.S. Subcommittee on Housing and Urban Affairs, and the Com- mittee on Aging all have taken a stand opposing condominium conversions. He said the City of Sacramento has appointed a panel consisting of realtors, landlords , and interested persons who are working on this matter. He pointed out that with high unemployment, low wages , and the considerable number of rentals, which might be converted, it could be considered a heavy-weight issue. Henry Schmidt, Tenant, Park Marina Apartments, said he agrees with the statements made by Mr. Brown. He feels that condo- minium conversions force senior citizens to buy or move out. He feels the City' s present statutes do not have enough control nor do they provide for orderly movement of the present tenants. He suggested that Council take additional time to get input in order to determine what the effect of such conversions will have on the economy of Redding. He also pointed out that, according to Section 66478 of the Government Code, when development abuts or fronts on a river, public access to fishing must be avail- able. Gary Anthis, Partner, Park Marina Village Development, gave a lengthy presentation to Council addressing the issues raised this evening. Mr. Anthis noted that since acquiring the property, approximately $440, 000 has been expended in improvements to the project without adding a single dwelling unit to the City. He further noted that with the 24 conditions placed on the project, substantial additional capital will be required before a single unit can be sold. Mr. Anthis stated that in addition to meeting the requirements of the Subdivision Map Act, re giving notice of intention to convert, etc. , the owners of the development have imposed conditions which will give those who are not interested in purchasing sufficient time to relocate. Many of the residents have been contacted and the process has been explained to them. He added that because of their processing the project through the City of Redding, along with the enactment of Proposition 13, the rents at Park Marina Village have not been increased for a period of two years. Mr. Anthis noted that a great majority of the residents living at Park Marina Village are living in units on the River or private lake for $215 per month (28 of the 43 units have not had a rent increase in two years) . Mr. Anthis noted that the owners of the development are attempting to work out long-term financing programs with the Bank of America for those residents who may not have sufficient downpayment or be able to afford higher payments through ownership. A copy of his remarks, dated January 8, 1980, is on file in the office of the City Clerk, and is hereby made a part of these minutes by reference. 1/7/80 23 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes City Attorney Murphy said that although Modus Operandi has done a commendable job with the first units, this is essentially the first conversion that has taken place in Redding. He said this is the new national "in way" to go and sincerely feels that if Council approves the first one, they may have many more. He said Council may wish to delay action for a month or so and appoint a committee to study the issues. He said that the City does not presently have a condominium conversion ordinance, but is using the Planned Development District requirements. He said that staff is making inquiries of other cities , but that it appears very little legislation has been adopted. He said it is worthy of serious Council consideration. He feels that, based on what is happening across the Nation, if this project is ap- proved, there may be a mass move towards condominium conversions , which could have a serious impact on the rental market. Councilwoman Gard questioned whether Council would be jeopardizing a condominium conversions ordinance if this project is approved. Mr. Murphy replied in the negative, but noted it will be setting a precedent. Mrs. Gard said she doesn' t see any serious problems with this project. Mr. Perry advised that developers for this type of project must meet the Planned Development requirements and there are very few that can meet said conditions. Mayor Demsher said this project is not a good example as the present rental rates are so low. He noted that the people that will be relocating will not be able to find comparable housing at comparable prices. Councilman Kirkpatrick said it would be a good idea to appoint representatives from the Planning Commission, staff, and real estate field to formulate some ideas for the future. He feels the City will have many more such applications. Mr. Murphy advised that the minimum five-acre requirement of the Planned Development District will protect the City to a great extent. Mr. Kirkpatrick said he feels Council needs to move ahead with formulation of an ordinance regulating condominium conversions. Mr. Demsher noted that the five-acre requirement of the Planned Development District may protect the City today, but asked about the future. He said he feels the City is well protected on this request, but urges proceeding with a committee to formulate recommendations, which could be available for consideration in a couple of months. He noted that the Growth Committee could be involved in this also. Councilman Pugh agreed, but recommended that Council make a decision on this request this evening. Mayor Demsher asked Mr. Perry if there are any other proposals of this nature that are this far along. 1/7/80 24 Mr. Perry responded in the negative. Councilman Fulton said he does not favor conversion of apart- ' ment complexes to condominiums as it causes hardships for persons who have to relocate. In response as to whether or not there was adequate access to the river, Mr. Perry said that Condition No. 27 could be added to read, "that suitable fishing access must be provided to and along the Sacramento River in compliance with State law. " MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Council makes the following findings regarding Planned Development Application PD-6-79 , by Modus Operandi: 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 September 27, 1979. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Fulton Absent: Council Members - None MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that in accordance with the Government Code of the State of California, the City Council finds and declares that, as set forth in Government Code Section 66474, none of the conditions as listed in (a) through (g) of said Section exist with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Fulton Absent: Council Members - None MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the Planning Commission and staff that both the rezoning and the tentative map be approved, subject to 27 Conditions, with Condition No. 27 reading as follows : That suitable fishing access must be provided to and along the Sacramento River in compliance with State law. " Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Fulton .Absent: Council Members - None Councilman Pugh offered Ordinance No. 1471 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (PD-6-79) . CONTINUED PUBLIC HEARING - California-Market Street Storm Drain Assessment District No. 1979-3 The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing re the California-Market Street Storm Drain Assessment District No. 1979-3. 1/7/80 25 The following document is on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing At its meeting of December 3, 1979, Council continued the Con- tinued Public Hearing regarding the subject assessment district to this evening. City Attorney Murphy said it is the staff recommendation that the Assessment District be abandoned as there doesn' t appear to be a possibility of obtaining a 60% signup for construction of the project as presently designed due to cost. He advised that Mrs . Generes and staff are attempting to work out an alternative plan that will be substantially less in cost. He indicated he isn' t certain that an alternative can be worked out but noted that the City will not be able to proceed with the project as it presently appears. Bond Counsel Sperry said that Mrs. Generes has not agreed to execute a dismissal without prejudice for the lawsuit she has filed against the City alleging that it has an obligation to correct the problem, which dismissal would be filed with the Court. Helen Faye Generes, 2538 Waldon Street, said that she doesn' t believe the lawsuit has anthing to do with the Assessment District and feels the Assessment District should be abandoned. She said this matter can be worked out with the City in good faith. Mr. Sperry advised that Mrs. Generes does not appear to be prepared to execute the document for dismissal of the proceedings at this time. City Attorney Murphy noted that the present bid expired on January 14 and that there is not presently a 60% signup. He asked Mr. Sperry how he would recommend the City proceed. Mr. Sperry responded that he has not heard a good reason for not dismissing the lawsuit. He noted that in his opinion, the sug- gestion that the matter be worked out in good faith indicates that she is willing to give up the Assessment District option for fi- nancing and that it would be in order to subsequently submit a dismissal of claim to the City. Councilman Pugh asked if by keeping the matter pending, the City could, at some future date, proceed with the Assessment District. Mr. Sperry advised that Council could with a 4/5 vote, overrule the protests and proceed with the project, assuming it is rebid. Mr. Sperry indicated that he had made four trips to Redding from the Bay area regarding this matter, and is not anxious to see the City give up this option. He noted that he wouldn' t be represent- ing the City in the lawsuit because his contingency makes no pro- vision for such coverage. Mrs. Generes said that the matter should be worked out in the most economical way and in good faith. City Attorney Murphy advised Council to proceed as recommended by Bond Counsel. He noted that he doesn' t believe Mrs . Generes will sign the requested release. Mr. Murphy said the City is faced with some litigation by Mrs. Generes and that she has granted the City a six-month extension in this regard; however, she has alleged damages in addition to the restraining order. 1/7/80 I I • 26 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard Continuing said Public Hearing to February 4 , 1980 . The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - Acquisition of Property for California- Market Street Storm Drain Assessment District The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing re Acquisition of Property for the •0 California-Market Street Storm Drain Assessment District. �\ j S nN The following document is on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Because acquisition of this property pertains to the previous item regarding the Street Storm Drain Assessment District for California-Market Street, City Attorney Murphy recommended that Council continue this hearing to February 4 , 1980, upon advice from Bond Counsel. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard continuing said Public Hearing to February 4, 1980. The Vote: Unanimous Ayes EXECUTIVE SESSION City Attorney Murphy requested an Executive Session to discuss pending litigation. At the hour of 11: 05 P.M. , the Mayor declared an Executive Session to discuss pending litigation. At the hour of 11: 10 P.M. , the meeting was reconvened. �I `� City Attorney Murphy ' requested authorization to employ Len Wingate 2 to bring an action of law for a breach of contract to protect the City' s rights in a Public Works project connected with the con- struction of the new sewer facilities . MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the request of the City Attorney as stated hereinbefore. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses The San Francisco Delicatessen The Ball Park, 2705 Churn Creek Road Sam' s to Go #1, 2785 Mission Square \QC\ Enterprise Produce Retail, 1380 Hartnell Avenue Giannini ' s Restaurant, 435 East Cypress Lake Redding Golf Course, 1795 Benton Drive Aqua Driving Range, 2275 Park Marina Drive B M Enterprises, 3251 So. Market Shasta-Cascade Wonderland Association Publicity ADJOURNMENT There being no further business, at the hour of 11: 15 P .M. , Mayor Demsher declared the meeting adjourned. APP -- ATTEST: Mayor it Clerk 1/7/80