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HomeMy WebLinkAboutMinutes - City Council - 1980-07-21 258 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California July 21, 1980 7 : 00 P .M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by the Reverend Rick Green, Pastor of the Calvary Baptist Church. The meeting was called to order at 7: 00 P.M. by Mayor Pugh with the following Council Members present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh. Also present were Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community De- velopment Director Perry, Superintendent of Public Works Galusha, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Associate Civil Engineers Hastings and Mathis , Traffic Engineer Hamilton, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of July 6, 1980, as mailed to each Council Member. The Vote: Unanimous Ayes, with Councilman Demsher abstaining CORRECTION OF MINUTES OF JUNE 16 COUNCIL MEETING City Clerk Brayton advised Council that at the June 16 Council Meeting, the motion awarding the bid for "Construction of Municipal Airport Transient Aircraft Parking Addition, Bid Schedule No. 1207" should have contained the following addi- tional statement: "subject to the approval of the Department of Transportation, Division of Aeronautics . " It is requested that Council authorize correction of the minutes as follows: MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Bid Schedule No. 1207, Construction of Municipal Airport Transient Aircraft Parking Addition, be awarded to 1\1 Thomas E. Davis Construction Co. , on its low bid in the amount of $53, 063. 88, subject to the approval of the Department of Transportation, Division of Aeronautics. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - Pugh MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick authorizing correction of the minutes of the regular meeting of June 16 , 1980 as hereinabove stated. The Vote: Unanimous Ayes with Councilman Pugh abstaining WRITTEN COMMUNICATIONS Redding Regional Sewer District - Request for Inclusion A petition was received from Tony LaBella and four other persons owning property which lies partially in 7/21/80 259 and adjacent to the boundary line of the Regional Wastewater Sewage Treatment District. These petitioners request that their properties be serviced by the Re- gional District, since septic tanks are not permitted due to the proximity to Keswick Lake and County re- strictions on soil depth. Councilman Kirkpatrick noted that the City has been clear in its intentions regarding the Regional Sewer District, but felt the matter should be considered by the Growth Committee. Mayor Pugh added that more requests of this nature would probably be received and the public should be aware that the design of the present plant is not adequate to accommodate any further properties without expansion of the facilities. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher referring the hereinabove stated petition to the Growth Committee for consideration. The Vote: Unanimous Ayes Casino Club - Request to Enlarge Facilities City Clerk Brayton advised Council that the Police Chief and Planning Director have reviewed the request from the Casino Club, 1805 Hilltop Drive, to enlarge their 4 facilities and expand their card room operation up to .A'A twelve tables . The Police Chief indicated he has no objection to said expansion as the Casino Club has not been a police problem. Planning Director Perry recommended that the permit be approved subject to the following con- ditions: 1. The development be in accordance with the site plan submitted to Council, with 105 parking spaces and all designated landscape areas fully landscaped and irrigated with an automatic irrigation system. 2. All security lighting to be designed to prevent direct rays of light from shining on adjoining property or public right of way. Mr. Perry recommended that Council first ratify the Negative Declaration as recommended by the Board of Administrative Review. MOTION: Made by Councilwoman Gard, seconded by Council- man Demsher that Council makes the following findings regarding, the expansion of facilities and 'the operation of up to twelve card tables at the Casino Club, 1805 Hilltop Drive: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administrative Review on July 16 , 1980 . The Vote: Unanimous Ayes 7/21/80 V- 260 MOTION: Made by Councilman Demsher, seconded by Council man Fulton approving the request from the Casino Club, 1805 Hilltop Drive, to add a restaurant and expand the card room operation up to twelve tables , subject to the conditions as recommended by the Planning Director. The Vote: Unanimous Ayes WILSEY-WILLOWBRAE ASSESSMENT DISTRICT NO. 1979-2 The following documents were submitted on behalf of Special Bond Counsel' Sperry for filing and adoption: Paid and Unpaid List RESOLUTION - Determining Assessments Remaining Unpaid MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 80-157 be approved, 0 a resolution of the City Council of the City of Redding ,j determining assessments yet unpaid in Wilsey-Willowbrae Assessment District No. 1979-2. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-157 is on file in the office of the City Clerk. RESOLUTION - Authorizing Sale of Bonds MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 80-158 be adopted, a resolution of the City Council of the City of Redding authorizing the sale of bonds in Wilsey-Willowbrae Assessment District No. 1979-2. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-158 is on file in the office of the City Clerk. Assistant City Manager Courtney advised Council that seven bids were received for bonds in the subject assessment district, and that Stone and Youngberg of San Francisco was the most favorable bidder. AD HOC CONDOMINIUM COMMITTEE - Appointment of Wilson Curle MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the appointment of Mr. Wilson Curle as the ninth member of the Ad Hoc Committee on Condominiums . The Vote: Unanimous Ayes Mrs. Gard noted that she has been attending these Ad Hoc Com- mittee meetings without being appointed to do so, and suggested that it might be in order for her to be appointed as an alternate in the event that Mr. Demsher or Mr. Kirkpatrick were unable to attend. Mayor Pugh declared this matter an urgency item as it was not on the agenda to appoint Mrs. Gard as an alternate to the Ad Hoc Committee on Condominiums . 7/21/80 261 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the appointment of Councilwoman Gard as an alternate member of the Ad Hoc Committee on Condominiums . The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 2, check nos . 71402 Q� through 71787 inclusive, in the amount of $1, 839 , 015 . 38 , be approved and paid, and that Payroll Register No. 1, check nos . 132160 through 132787 inclusive, in the amount of $350 , 444 . 36 for the period June 22, 1980 through July 5 , 1980 , be approved. Total $2, 189, 459. 74 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None TREASURER'S REPORT Councilman Kirkpatrick submitted the Treasurer ' s Report as of )/i1May 31, 1980, which showed the Treasurer' s Accountability to be $17, 928, 496 . 62. CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Kevin J. Sweeney, attorney on behalf of Jeffrey Allen Zeller - Claim filed 7/11/80 MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that Claim for Personal Injury filed by Kevin J. Sweeney on behalf of Jeffrey Allen Zeller on fl' July 11, 1980, be referred to the City Attorney and City Insurance Carrier, and the City Clerk be instructed to place the claim on the agenda for August 18, 1980 . The Vote: Unanimous Ayes Pacific Telephone - Claim filed 4/14/80 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Claim for damages filed by Pacific 12,3 Telephone on April 14, 1980, be approved for payment in the amount of $137. 92. The Vote: Unanimous Ayes Chas J. deSoria - Claim filed 7/14/80 MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Claim for damages filed by Chas J. deSoria on July 14, 1980, be approved for payment in the amount of $20. 11. The Vote: Unanimous Ayes CLAIM FOR DAMAGE AND PERSONAL INJURY - 2nd hearing John D. Barr, attorney on behalf of Doni-K-Lynn Wickham, a minor, by and through her Guardian ad Litem, Kelly S . Meeks - Claim filed 5/30/80 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Claim for Damages filed by John D . Barr, attorney on behalf of Doni-K-Lynn Wickham, a minor, by and through 1 ' )her Guardian ad Litem, Kelly S . Meeks, on May 30, 1980, be denied and the claimant be so advised. The Vote: Unan- imous Ayes Ronald O. Lyer.la, attorney on behalf of Michelle Harang, by and through her Guardian ad Litem, Brady Anders - 0 Claim filed June 2, 1980 7/21/80 262 • MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Claim for Damages filed by Ronald O. Lyerla, attorney on behalf of Michelle Harang, by and through her Guardian ad Litem, Brady Anders , on June 13 , 1980 , be denied and the claimant be so advised. The Vote: Unan- imous Ayes Jeanne Young - Claim filed 6/13/80 MOTION: Made by Councilman Demsher, seconded by Council- 15 man Kirkpatrick ratifying the action taken by staff re payment of Claim for Damages filed by Jeanne Young on June 13 , 1980 , in the amount of $196 . 58 . The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS City Attorney Hays advised Council that the following claims have been settled by the City Insurance Carrier: Kathleen E. Jolly, attorney on behalf of Roland M. Martin - I )\ � Settled in the amount of $3, 000. Douglas H. Newlan, attorney on behalf of Natalie Zall - ) )°.‘ Settled in the amount of $9, 250. 7) Dennis Wallach - Settled in the amount of $3, 000 . SUMMONS AND COMPLAINTS City Attorney Hays advised Council that the City has been served with the following Summons and Complaint: Thomas V. Girardi, attorney on behalf of Vena Anderson I2 3 et al vs . the City of Redding et al ORDINANCE - re Standard Pole Signs MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1498 be •) waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1498 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 16 . 32 of the Redding Municipal Code by adding to Section 16 . 32. 010 a defini- tion for "Standard Pole Sign" , and by adding to Section 16 . 32 . 340 a subparagraph D relating to such standard pole signs . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1498 is on file in the office of the City Clerk. ORDINANCE - re Sign Regulations 6.; MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1499 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Ordinance No. 1499 be adopted, an ordinance 7/21/80 263 of the City Council of the City of Redding amending Chapter 18 . 24 of the Redding Municipal Code by adding a subparagraph C to Section 18. 24 . 020 and by substituting a new subparagraph C to Section 18. 24 . 030, and amending Chapter 18. 26 by sub- stituting a new subparagraph C to Section 18. 26 . 020 and adding a subparagraph E to Section 18. 26 . 030 , and amending Chapter 18 . 28 by substituting a new subparagraph B to Section 18. 28 . 020 and adding a subparagraph F to Section 18. 28 . 030, and amending Chapter 18. 32 by substituting a new Section 18 . 32. 020, pertain- ing to sign regulations . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1499 is on file in the office of the City Clerk. ORDINANCE - re Planning Permit Fees MOTION: Made by Counciman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1500 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Ordinance No. 1500 be adopted, an ordinance of the City Council of the City of Redding amending Title 18 of the Redding Municipal Code by repealing Sections 18. 36 . 120 , 18. 64. 030, 18. 70. 030, 18. 72. 020 , 18 . 78 . 020, and 18. 78 . 060 and substituting new Sections 18. 36. 120, 18 . 64 . 030, 18 . 70 . 030 , 18. 72. 020, 18. 78. 020, and 18. 78. 060, pertaining to Planning Permit Fees. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1500 is on file in the office of the City Clerk. ORDINANCE - re Permit and Inspection Fees MOTION: Made by Councilman Demsher, seconded. by Councilman Kirkpatrick that the full reading of Ordinance No. 1501 be waived and the City Attorney be instructed to scan same. The � ' '' Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Ordinance No. 1501 be adopted, an ordinance of the City Council of the City of Redding amending Title 16 of the Redding Municipal Code by repealing Section 16 . 08 . 020 and substituting a new Section 16. 08. 020 pertaining to adoption of Uniform Building Code and Uniform Mechanical Code, by adding a new Chapter 16. 10 pertaining to adoption of Uniform Admin- istrative Code, and by repealing Section 16. 12 . 040 pertaining to permit and inspection fees. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1501 is on file in the office of the City Clerk. 7/21/80 264 MAYOR PUGH - Presentation of plaque to the City of Redding from the City of Frankfurt Mayor Pugh presented the City with a plaque which was given to him during his recent visit to Frankfurt, Germany during the Fireman' s Friendship Month. He explained that the ceremony was very impressive and took place in Romer Hall in Frankfurt. The Hall is lined with paintings of rulers from as far back as 1711. Mayor Pugh suggested the plaque be hung in an appro- priate place in the City. CALAVERAS AND FEATHER RIVER AGREEMENTS - Pre FERC License Member Participation Mayor Pugh advised Council that the Power Committee has reviewed the subject agreements and it is the unanimous recommendation of �`,( '� the Committee that Council approve them and authorize the Mayor to execute on behalf of the City. Mayor Pugh noted that N.C.P.A. is the lead agency in these agreements and is therefore responsible for making the environmental findings . He explained that the subject agreements specify how the projects will be funded, and financed and how the City will acquire the power. The City will be committing itself to a percentage of the cost of the projects and will share in the power generated. Mayor Pugh felt the agreements are well written and provide for the City 's protec- tion and benefit for future power supplies . MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the Calaveras and Feather River Pre FERC License Member Participation Agreements as submitted to Council and authorizing the Mayor to execute same. The Vote: Unanimous Ayes AWARD OF BID - Aluminum Underground Cable MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Bid Schedule No. 1217, aluminum underground cable, be 11"\) awarded to General Electric Supply Company on their low bid in the amount of $47, 867. 90, sales tax included. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None AWARD OF BID - 2500 KVA Transformer MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Bid Schedule No. 1218, 2500 KVA transformer, be awarded to RTE Corporation on their low bid in the amount of $17, 289 . 66, sales tax included. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None ANIMAL PERMIT AP-2-80 - by Chuck Adams Councilwoman Gard stated that because she has had an animal permit in effect for the past twelve years , she feels she has a moral conflict and wishes to abstain from discussion and i9 voting on this issue. I I Mayor Pugh also abstained from voting on discussion and voting on this issue as Mr. Adams is a client. Planning and Community Development Director Perry outlined Mr. Adams ' request to graze two steers on property located 7/21/80 265 , at 1612 Ridge Drive and the area was shown on the Vu Graph. In response to an inquiry from Mr. Kirkpatrick, Mr. Perry ad- vised that the property to the rear (west) of the subject property is an estate owned by the Catholic .Church. He noted there has been some discussion about subdividing the land and building single family homes. He also noted that the County line at its closest point, is approximately 350 feet from the subject property. Council discussed the history of this request. Mr. Perry advised that Mr. Adams has requested an animal permit several times ; once it was withdrawn by the applicant, and another time he proposed to allow the animals to graze on the entire property. Councilman Kirkpatrick noted that the subject request has a history of being opposed by the neighbors and felt that if the permit is approved for 90 days as proposed, and later denied if the situation proves to be unsatisfactory, the owner would have gone to a lot of unnecessary expense in fencing the property, etc. Councilman Demsher stated he was in agreement with the surround- ing neighbors that this use would not be proper in an R-1 zone. He stated the purpose of zoning is to protect neighbors against problems and hazards, and felt there would be problems with flies and odors, as well as possible health hazards . MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher denying the request for an Animal Permit by Chuck Adams, AP-2-80, on property located at 1612 Ridge Drive. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Gard and Pugh PUBLIC HEARING - re North Canby Road Area Sewer Assessment District 1980-1 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re North Canby Road Area Sewer Assess- ment District 1980-1. !5 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 The City Clerk advised that one written protest had been received from Thomas E. Brower, Project Manager of Sharrah- Nolte and Associates. The protest was made on behalf of Mt. Lassen Development Company and opposed the amount of the assessment on Parcel No. 107-32-03, at the intersection if of Mistletoe Lane and Little Churn Creek, inasmuch as 3. 2 acres of the 13 acres has to be dedicated to the City for road dedication for the extension of Churn Creek Road and Little Churn Creek channelization. Associate Civil Engineer Hastings advised he has discussed this matter with Special Bond Counsel Brunsell and it was the consensus that the assessment should stand and, at the 7(21/80 266 time the property is taken, the City would pay fair market value. He noted that official plan lines for Churn Creek Road have not been formally established. He also noted that the favorable bids received have reduced the assessment on this particular parcel from $17, 000 to somewhere between $10, 000 to $12, 000 . MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes RESOLUTION - Overruling Protests MOTION: Made by Councilwoman Gard, seconded by Council- man Demsher that Resolution No. 80-159 be adopted, a reso- lution of the City Council of the City of Redding overrul- ing protests in the North Canby Road Area Sewer Assessment District 1980-1. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-159 is on file in the office of the City Clerk. Amended Engineer' s Report RESOLUTION - Approving Report and Assessment and Ordering Improvement MOTION: Made by Councilwoman Gard, seconded by Council- man Demsher that Resolution No. 80-160 be adopted, a reso- lution of the City Council of the City of Redding approv- ing report and assessment and ordering improvement in the North Canby Road Area Sewer Assessment District 1980-1 . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 80-160 is on file in the office of the City Clerk. RESOLUTION - Authorizing Change Orders MOTION: Made by Councilwoman Gard, seconded by Council- man Demsher that Resolution No. 80-161 be adopted, a reso- lution of the City Council of the City of Redding authoriz- ing change orders in the North Canby Road Sewer Assessment District 1980-1. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 80-161 is on file in the office of the City Clerk. RESOLUTION - Concerning Foreclosure of Delinquent Assessment Liens MOTION: Made by Councilwoman Gard, seconded by Council- , i 7/21/80 267 man Demsher that Resolution No. 80-162 be adopted, a reso- lution of the City Council of the City of Redding con- cerning foreclosure of delinquent assessment liens . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 80-162 is on file in the office of the City Clerk. RESOLUTION - Establishing Bond Reserve Fund MOTION: Made by Councilwoman Gard, seconded by Council- man Demsher that Resolution No. 80-163 be adopted, a reso- lution of the City Council of the City of Redding estab- lishing bond reserve fund in the North Canby Road Sewer Assessment District 1980-1. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-163 is on file in the office of the City Clerk. PUBLIC HEARING - re Adult Entertainment Ordinance The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re the proposed Adult Entertainment Ordinance. The following documents are on file in the office of the City Clerk: Affidavit of Publication- Notice of Public Hearing Planning Commission Recommendation dated July 17 , 1980 Council was apprised re letters of protests received and copies of subject letters are on file in the office of the City Clerk. Planning and Community Development Director Perry advised that the Board of Administrative Review and Planning Commission have also received numerous letters of protest which are on file in the office of the Planning Department. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 17, 1980 . He stated at its regular meeting of June 10, 1980 , the Planning Commission unanimously recommended that Council adopt a new Chapter in the City Code to regulate adult-entertain- ment businesses . A copy of the draft ordinance approved by the Planning Commission was submitted to Council and a map depicting potential adult use areas was shown on the Vu Graph. Mr. Perry noted that the proposed ordinance is modeled on the Detroit, Michigan, ordinance, which has been litigated. The draft restricts such uses to "C-3" Districts and areas that are a minimum of 600 feet from hospitals , schools , churches, and parks and 300 feet from residences and 7/21/80 268 residential districts . It also establishes a 1, 000-foot- minimum separation between adult-entertainment businesses and requires that a use permit be obtained in each case. Any such use-permit application would be subject to separate environmental consideration. He noted that both the Commission and staff felt that adult uses should not be allowed in residential districts nor in "CO, " "C-1, " "C-2, " or "C-4" Commercial districts . The"M-2" and "P-I" industrial districts were also felt to be inappropriate since the bulk of that zoning is in the Mountain Lakes Industrial Park. Mr. Perry stated the intent of the ordinance is not to say whether or not such uses should be allowed, which is a constitutional issue, but rather to treat them as a land- use activity, one that is potentially blighting, and to set standards for their establishment and day-to-day oper- ation. In approach, the ordinance attempts to disburse the defined uses rather than allowing them to concentrate and to keep them away from more sensitive uses , such as schools, churches, residences, etc. He said it is not the intention of this ordinance to suggest that the areas listed are desirable locations for adult-entertainment businesses . Rather, the proposed ordinance is aimed at giving the public the opportunity to comment on such uses prior to their establishment, to develop minimum locational criteria, and to say where they definitely cannot be located. At present such uses are not regulated within the City. For example, an adult bookstore can now be located in any retail commercial district without a permit. Mr. Perry discussed alternatives to the ordinance such as creation of an overlay zoning district. He noted several disadvantages to this procedure. Another alternative men- tioned was to increase the minimum distance separation from a residential district or occupied residential struc- tures from 300 to 400 feet. The Commission felt that zon- ing some of the eligible "C-3" areas to "C-2" or "C-1" would be a more appropriate solution. Mr. Perry listed the seven areas that meet the proposed locational criteria, under the draft ordinance: 1. Shasta/California Streets, adjacent to the Police Department, from Thrifty Dry Cleaners to the Cascade Hotel and Sportsman' s Club 2. South/Gold/California Streets , vacant lot south of Gerlinger' s and north of the former Valley Feed building 3. East Street, south of Locust Street 4. Athens Avenue/Locust Street, a portion of McMahan 's parking lot, a real-estate office and Taco Bell 5. Enterprise Industrial Park, south of Mistletoe Ln. , west of Churn Creek, north of Commerce St. , and east of Hilltop Drive 6. South Market Street, along the east side of South Market from south of Grange Street to south of Wyndham Ln. 7. Twin View Boulevard, between Highway 273, Interstate 5, and Cherokee Street Ir 7/21/80 269 Mr. Perry advised that there are also twelve other poten- tial areas in which, if zoned "C-3, " adult entertainment uses could be located, as depicted on the map. At present, all of these areas are zoned "U" Unclassified District and would not be eligible unless zoned "C-3 . " He noted that the proposed ordinance treats adult uses as a land-use problem and, therefore, susceptible to control via zoning methods . What appears to have sustained the Detroit ordinance, Mr. Perry stated, is the appearance of valid land-use and zoning concerns, and not a pretext for suppression. A zoning ordinance must demonstrate that the particular restrictions adopted must be rationally related to the intent of the ordinance and to the effects of the use regulated. He noted that lack of a rational relationship was found in the provision of the Detroit ordinance which prohibited establishment of an adult use within 500 feet of a dwelling. The Federal District Court found that the provision had no compelling government interest. Detroit later amended the provision to within 500 feet of a resi- dential district. It is the recommendation of staff that, after the close of the public hearing, Council ratify the negative declaration and offer the ordinance for first reading. City Attorney Hays responded to an inquiry from Councilman Kirkpatrick regarding the possibility of a public vote as mentioned in one of the letters received. Mr. Hays advised he did not believe a public vote of the community would be legally upheld, as what constitutes a "community" cannot be specifically defined, and the courts have upheld that a public vote does not necessarily represent a cross-section of the community. He also noted that many people utilize the City facilities who are from surrounding areas other than the City of Redding. Councilman Demsher questioned the City Attorney about the validity of offering two different ordinances , which Council felt were acceptable, for a public vote in November. He suggested that the people could then choose one of the two ordinances. Mr. Hays felt the outcome would be the same--that such a vote would not represent a cross section of the community. Mrs. Gard noted that movies being shown at drive-in theaters are visible to non-patrons and questioned whether the ordinance could be amended to cope with this problem. City Attorney Hays stated that short of having a police officer on duty to preview each film, there is virtually no way to monitor such theaters. He added that the word "enclosed" does not necessarily mean four walls and a roof. Discussion ensued regarding the definition of "obscene" versus "adult" material , and City Attorney Hays advised that obscenity is prohibited by State Law at this time. The difficulty, he stated, is in proving the difference in a court of law. 7/21/80 _ , . . 270 In response to an inquiry from Mrs . Gard, Mr. Hays advised that he does not feel the definitions as drafted in the ordinance would hamper enforcement and sees no need for them to be more specific as suggested by the Committee on Moral Concerns . Mr. Hays responded to an inquiry from Mrs . Gard regarding the enforcement of the sign criteria. Mr. Hays felt it would be enforceable, noting that all such signs would have to be approved by the Planning Department. At this point Mayor Pugh invited comments from the public requesting that redundancy be avoided. Mr. David R. McCoy, 4095 Remington Drive, spoke in opposi- tion to the ordinance. He felt it was not right to compare Redding with other cities and was in favor of putting the issue on a ballot for a vote of the people. Mayor Pugh explained that there is no way under the United States Constitution that the City can ban pornography. He stated the Supreme Court has denied every attempt to do so. He explained that at present anyone can come into the City of Redding and open an adult bookstore, theater, etc . in retail commercial zones with only a business license. He emphasized that the proposed ordinance is intended to regu- late this by requiring each request to be analyzed on an individual basis . Mr. Dick Mosley, P . 0. Box 3530, Chico, spoke as a represen- tative of United Artists. He requested that the matter be held over in order for the U.A. legal staff to prepare a statement, noting that they had received inadequate notice of the public hearing. Council and staff discussed the many Planning Commission and Board of Administrative Review meetings at which this matter has been discussed as well as the legal publications and news stories in the Record Searchlight. Mr. Iver Thon, 4695 Harrison, objected to South Market Street being listed as an area for adult entertainment businesses and asked how far the area would extend on Market. He objected because of the many children present in this area. Mr. Perry advised that the ordinance provides that adult- uses would not be allowed where minors regularly congregate or travel. Ms . Jenkins, 2652 Sharon Street, urged Council to take • action on the ordinance. She feels the City is moving in the right direction. She stated she is formerly from a suburb of Detroit and saw whole neighborhoods blighted before such an ordinance was enacted. Mrs . Jenkins feels the City should move forward and at least get a zoning ordinance in effect and take further steps as necessary. Jo Keeley, P. 0. Box 1842, represented the Committee on Moral Concerns. She noted that she has seen publicity regarding the City of Redding 's adult entertainment ordinance in the Sacramento Bee as well as the Record 7/21/80 271 Searchlight and felt Mr. Mosley ' s request to continue the hearing should be denied on that basis . Mrs. Keeley stated she would be in favor of banning pornography en- tirely but realizes this is not possible. She was in favor of the majority of the ordinance but made suggestions regarding the definitions section and felt they should be more specific. She said she did not feel a variance pro- vision should be allowed. Mr. John Strange, 4559 Harrison, objected to the location specified in the ordinance on Eastside Road and noted that children congregate in this area. Linda Sharrett, 2823 Regal Avenue, questioned the provision for protecting children and felt adults are entitled to the same protection from this type of influence. City Attorney Hays advised Ms. Sharrett that the courts have been much more protective of juveniles on this issue. Orbie Robertson, 8012 Sans Souci Drive, representing the Californians for Biblical Morality, advised Council that his organization was against pornography in any area and would support the City in any efforts to prosecute offenders . Douglas Denton, 1600 Orange Avenue, stated he would like to see pornography banned in the City. However, he would like to see some action taken now to at least limit its use. He favored the idea of getting some feedback from the public. Council discussed an inquiry by Mr. Dentonregarding the criteria which would be used to deny use permits for adult businesses. - It was determined that if findings are made which cannot be mitigated, such as children congregating, traffic, parking etc. , the Planning Commission has the right to deny the request. However, they noted that disagreement from people who live in the area would not be a valid reason for denial. The public is invited to give in-put at the public hearing, but the total facts must be considered. In response to an inquiry from Councilman Kirkpatrick, City Attorney Hays advised that the existing adult book- store would also be regulated by this ordinance but would have a three-year amortization period. Mr. Denton complimented Council on their action thus far and urged them to take action now. Mr. George Archibeque, Central Valley, asked about the enforcement of juveniles patronizing the current adult bookstore. He stated he works around 13, 14 , and 15 year- -olds, and noted that these children are obtaining materials from the bookstore. He also noted that these youngsters are passing the materials along to the elementary school children and felt stronger enforcement measures should be taken. Mr. Luke Mutchie, 4371 Clay, stated the City Council has the power to regulate taxi cabs , buses , etc. and asked why it cannot refuse to allow adult entertainment businesses . City Attorney Hays advised that obscenity is not protected by the First Amendment, and there have been numerous attempts 7/21/80 - 272 to define "adult" versus "obscene" ; however, at this point adult-oriented business are protected by the First Amendment to the Constitution of the United States. Jorge Boston, 2948 Cove Point Court, questioned Council as to what uses were allowed in C-2 and C-3 zones, and objected to the South Market Street location because of school children congregating in the area of Camps Surplus Store. Mr. Phillip Ensley, 3418 Willow Lane, Anderson, stated although he lives in Anderson, he works and spends con- siderable time in Redding. He stated he would be proud to be part of a community who fought the establishment of adult businesses, and felt they are damaging to our community, our State, and our Nation. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing be closed. The Vote: Unanimous Ayes Mayor Pugh thanked the audience for being cooperative and keeping their messages brief. Councilwoman Gard also commented that the public has been very conscientious in its efforts and thanked the audience for its constructive suggestions. Council discussed amending the draft ordinance before adoption. They were advised by the City Attorney that depending on the amendment, it is possible to do so prior to adoption. In response to an inquiry from Councilman Kirkpatrick, Mr. Hays advised that Council could amend the ordinance to increase the distance from residential dwellings from 300 feet to 400 feet, inasmuch as the Planning Commission had already considered this possibility. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that Council makes the following findings re a City Code Amendment concerning the adoption of Chapter 18. 53. 030, pertaining to Adult Entertainment: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California. and ratifies the negative declaration approved by the Board of Administrative Review on July 1.6 , 1980 . The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher amending the draft ordinance, Section 18. 53. 030,A, 1 to read: "No adult entertainment business shall be located closer than 400 feet to any residential district or occupied residential structure nor closer than 600 feet to any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate. " 7/21/80 273 Councilman Kirkpatrick offered Ordinance No. 1502 for first reading, an ordinance of the City Council of the City of Redding amending Title 18 of the Redding Municipal Code by adding thereto Chapter 18. 53, pertaining to adult entertainment. Councilman Fulton stated that there has been a lot of ambivalence toward parts of thisordinance, but feels it is a start. He stated he would like to know more about the feelings of the people but, in the interest of time, he feels this cannot be done. He feels the concensus would be that people are against this type of business . Council concluded their discussion by indicating they would like to see continued public input on this issue and encouraged citizens to write their State and U.S. Represen- tatives to express their concerns and to seek a more definitive answer as to what constitutes "obscenity. " PUBLIC HEARING - re Rezoning Application RZ-2-80, by Mt. Lassen Machinery Company The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re Rezoning Application RZ-2-80 , by Mt. Lassen Machinery Company. 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 July 16 , 1980 The City Clerk advised Council 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 memorandum to Council dated July 16, 1980 . He stated that at its regular meeting of April 22 , 1980 , the Planning Commission unanimously recommended rezoning 235 acres located north of Caterpillar Road, east of Old Beltline Road, and south of Oasis Road, from "U" Unclassified District to PI-BIA-F" Planned Industrial District, "CO-BR- B20-F" Office District, and "U-F" Unclassified District. Maps depicting the location of the property, the existing and proposed zoning, and the general plan for the area were shown on the Vu Graph. Mr. Perry advised that the final Environmental Impact Report for the project was previously distributed to Council. Mr. Perry advised that the property is being developed as the third unit of Mountain Lakes Industrial Park. Property to the south and west of the project is also part of the Mountain Lakes Industrial Park and zoned "M-2-F" or "U" Unclassified. Development in this area is further con- trolled by covenants and restrictions . Property to the southeast is also zoned "M-2-F" and has been approved for an industrial subdivision. To the north and north- east, land is under County jurisdiction and zoned "Rural Residential" and developed with scattered residential uses . 7/21/80 27.4 The County zoning permits trailers and has a minimum parcel size of 10, 000 square feet. Site-plan-review and parcel-size criteria have been recom- mended to treat the industrial portion of the property as an industrial park. Mr. Perry noted that the Commis- sion' s recommendation was revised to require a one-acre- ' minimum parcel size rather than 40 , 000 square feet to reflect the one-acre minimum building site area which was recently added to the Redding Municipal Code and which coincides with the tract restrictions of the park. Mr. Perry concluded that it is the recommendation of both the Commission and staff that the subject area be rezoned as outlined. If Council concurs , it is recommended that Council find that changes or alterations are incorporated into the project which mitigate or avoid any significant environmental effects identified in the Environmental Impact Report and that the attached ordinance be offered for first reading. MOTION: Made by Councilman Demsher, seconded by Council- man Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that, pursuant to Section 150088 of the California Environmental Quality Act Guidelines, Council finds that changes or alterations are incorporated into the Rezoning Application RZ-2-80 by Mt. Lassen Machinery Company, that mitigate or avoid any significant environmental effects identified in the Environmental Impact Report. The Vote: Unanimous Ayes Councilwoman Gard offered Ordinance No. 1503 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06. 020 of the Redding Muni- cipal Code relating to the rezoning of certain real property in the City of Redding (RZ-2-80) . PUBLIC HEARING - re Appeal of Lot Split LS-94-78 , by Russell Weide The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re appeal of Lot Split LS-94-78 , by Russel Weide. ib �," PC 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 other than the appeal itself. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 15 , 1980 , which memo- randum is made a part of these minutes by reference. He stated that the applicant has appealed the conditions of approval which grant him permission to create four lots on property located at 2400 North Drive, in a "U" Unclassifed Dis- trict. Maps depicting the location of the property and the approved tentative map were shown on the Vu Graph. The Board of Administrative Review, at its meeting of April 9 , 1980, approved the application subject to the list of 30 7/21/80 275 conditions as submitted to Council. At its regular meeting of May 27, 1980, the Planning Commission upheld the Board' s decision in denying the applicant' s appeal of two of the con- ditions . The applicant has subsequently appealed this de- cision to the City Council. Mr. Perry explained that the appeal focuses on Conditions Number 6 and 22, which require the construction of a dike along Olney Creek from Highway 273 south to Star Drive prior to recording a parcel map. Olney Creek runs through the north portion of the property. The application, which was originally filed in 1978, had been held up for the Olney Creek hydrological study and general-plan amendment along the Creek. The study established the Creek ' s 100-year flood elevations at 466 and 464 feet, respectively, at the west and east property lines . Most of the property lies below 464 feet and is, therefore, subject to flooding. The applicant proposes to develop building sites on an engin- eered fill rather than to install flood-channel improve- ments . The staff recommended against this solution for several reasons: By filling a portion of the flood plain, flood waters are merely displaced to other property; under the proposal, the street in frontof the property would continue to flood; the flood plain portion should be developed as a total solution between Highway 273 and Sacramento Drive, or there is no protection; and to allow some of the flood-prone property along Olney Creek to be split off would create a greater financial hardship on remaining properties to provide a comprehensive flood- control solution. The applicant suggested a modified plan that would create lots along thesouthern property line by raising that portion of the property. In reviewing this alternative, it was the opinion of staff that, while it is technically feasible, it still leaves the concerns previously dis- cussed without solution. Mr. Perry advised that the proposed dike and channel improve- ments are consistent with the recommendations of the hydrological study and with conditions imposed on sub- dividers south of Sacramento Drive. It should be noted that the general plan adopted for the area was based on flood-control improvements being installed and not the actual area that floods. It is the recommendation of staff that the Commission' s decision be upheld and that the appeal of LS-94-78 be denied. Mayor Pugh invited comments from the floor at this time. Mr. Jim Westlake, Westlake Realty, spoke on behalf of Russell Weide and noted that his client has agreed- to 28 of the 30 conditions imposed, but is asking for relief from the condition requiring bank improvements of Olney Creek between Highway 273 and Star Drive, to prevent flooding of adjoining properties. He noted that even with bank improvements, the existing bridges would act as a dam and back up the water. He further stated that the conditions imposed upon his client are more stringent than those imposed upon other developers in the area. 7/21/80 276 Mr. Westlake said that the present proposal is to develop the parcel into four large single home sites and it is not felt that the four sites would cause any problems as they would be developed utilizing high ground. He added that Mr. Weide is willing to join in an assessment district if one is formed. He mentioned that at one point, he thought there was talk of the City participating in improvements along Olney Creek. The Mayor ascertained that there were no further comments from the floor. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Councilwoman Gard, City Attorney Hays advised the City ' s liability would be great if it allowed land-owners to build in a known flood plain. He noted that he could foresee the City being named in a law suit if it knowingly allowed someone to build in a flood plain. He further noted that insurance would be a big problem. Mayor Pugh questioned the City Attorney regarding the City 's liability if it allowed Mr. Weide to dike only his property, and Mr. Hays advised it would be great, as it would affect downstream property. Public Works Director Arness advised Council that the forma- tion of an assessment district would be very difficult. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the Planning Commission' s decision to deny the appeal of Lot Split LS-94-78 , by Russell Weide, be upheld. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-5-80 by the City of Redding The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the public hearing re rezoning application RZ-5-80 by the City of Redding. 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 July 15 , 1980 The City Clerk advised Council that no written protests had been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 15, 1980 . He stated that at its regular meeting of June 10, 1980, the Planning Commission unanimously recommended rezoning of property located at 5622 to 5734 Mountain View Drive from "R3-40-F" Multiple Family Residential District to "R-1" Single 7/21/80 277 Family Residential District. Maps depicting land use, the existing and proposed zoning, and the general plan for the area, were shown on the Vu Graph. The draft negative declaration was submitted to Council. Mr. Perry noted that on March 17, 1980, Council adopted the general plan for the area along Mountain View Drive as recommended by the Planning Commission. Essentially, the general plan amendment classified the usable land along the north side of Mountain View Drive as "Residential, " 3. 5 units per acre, with four stipulations . The intent at this time is to bring the zoning into conformance with the adopted general plan. Mr. Perry stated the property could either be zoned "R-1" or "U" , and the net effect will be the same, as by law, the general plan governs how many dwelling units can be put upon a parcel. The "R-1" District does establish front-, side-, and rear-yard setbacks and a 30-foot build- ing-height limit. In an "R-1" District, a developer de- siring to construct a single-family house would not be required to obtain a use permit; whereas, in a "U" District he would. The "U" District is the more restrictive of the two districts since it requires a use permit and notice to surrounding property owners . Mr. Perry stated that the attorney for three property owners has indicated his clients ' desires are that the property be zoned "U" Unclassified since, under the terms of the general plan, there are two options for development on the north side of Mountain View Drive, a conventional single-family development at 3. 5 units per usable acre or, if the three properties develop jointly, a planned unit development of up to six units per usable acre. To develop a planned unit development will require rezoning the property to "PD" Planned Development District. Unless the property is rezoned "PD, " it can only be used for single-family purposes whether it be in a "U" District or an "R-1" District. It is the recommendation of both the Commission and staff that the area be rezoned "R-1" Single Family Residential District. Since it requires a rezoning to "PD" Planned Development District to obtain the six units per acre , staff sees no benefit in requiring a use permit for single-family homes if the area is not a planned develop- ment. If Council concurs, it is recommended that the negative declaration be ratified and that the ordinance be offered for first reading. Mayor Pugh invited comments from the floor at this time. Festus Green, 930 Palo Vista Court, a property owner in the subject. rezoning, said he is in favor of the "R-1" Single Family zoning. Mayor Pugh cautioned Mr. Green that there is no guarantee that the zoning will remain "R-1" , in that the other property owners could apply for a "PD" Planned Development District zoning which would allow up to six units per acre. 7/21/80 278 The Mayor ascertained that there were no further comments from the floor. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Council makes the following findings re rezoning application RZ-5-80 by the 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 May 7, 1980 . The Vote: Unanimous Ayes Councilman Demsher offered Ordinance No. 1504 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-5-80) . PUBLIC HEARING - re General Plan Amendment Application GPA-1-80 , by Brent Owen The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re General Plan Amendment Application GPA-1-80. 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 July 16 , 1980 The City Clerk advised Council 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 memorandum to Council dated July 16 , 1980 , which memo- randum is made a part of these minutes by reference. He noted that the applicant has requested amendment of the Redding General Plan for property located generally north of Lake Boulevard and east of Alder Street, from "Residential, " 3. 5 units per acre; "Retail" ; and "Greenway" to "Residen- tial, " nine units per acre; "Retail" ; "Office" and "Green- way. " The area was shown on the Vu Graph and Council was provided with maps showing the existing general plan and zoning classification and the requested general plan. Mr. Perry stated that the present general plan for the area, which consists of 49 . 5 acres , is as follows : 7/21/80 279 Classification Acres Units Residential, 3. 5 30. 24 105 Retail 5. 90 - Greenway 13. 40 - 49 . 54 105 It is the recommendation of both the Commission and staff that the property be classified as follows : Classification Acres Units Residential, 9/acre 25. 75 232 Office/Residential 2. 34 - Retail 7. 1 - Greenway 14. 35 - 49 . 54 232 Councilwoman Gard expressed concern about the traffic problems that will occur when the projects proposed for that area are developed. She fears another "Hilltop- Cypress intersection" will be created. Mrs . Gard suggested that this might be a good application for a Benefit District. This was discussed briefly; however, it was the feeling of staff and other members of Council that the appropriate time to institute a Benefit District would be either when precise zoning is requested or when a tentative subdivision map is filed. MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Mayor Pugh allowed the applicant, Brent Owen, to comment that he felt the traffic impact on the intersection by his developmentwould be nothing compared to that of the proposed shopping centers . Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 80-164 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendment GPA-1-80, amending the plan as to that area north of Lake Boulevard, east of Alder Street, and west of Highway 273 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-164 is on file in the office of the City Clerk. 7/21/80 ' 280 MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher authorizing staff to investigate the possibility of a Benefit District for the intersection of Lake Boulevard and Highway 273. The Vote: Unanimous Ayes ANNEXATION NO. 79-16 - Canby Road Planning and Community Development Director Perry reviewed his memorandum to Council dated July 15, 1980 . He stated that at 9() its regular meeting of June 11, 1980, the Local Agency Forma- tion Commission approved the annexation of approximately 30 acres generally located west of Canby Road and east of Hilltop Drive and Mission De Oro Drive. Maps of the area were shown on the Vu Graph. He stated that since not all of the property owners or registered voters signed the petition, the next step in the process is a protest hearing. It is the recommendation of staff that the City Council adopt a resolution setting a protest hearing for September 2, 1980 . Resolution - Setting Protest Hearing MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 80-165 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annexation to the City of Redding of uninhabited territory described herein and designated "City of Redding Annex No. 79-16" , (Canby Road) , and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-165 is on file in the office of the City Clerk. The Protest Hearing was set for 7 : 30 P.M. , September 2 , 1980 . ANNEXATION NO. 80-1 - Riverview Golf and Country Club Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1980. He stated that at its regular meeting of June 11, 1980, the Local Agency For- mation Commission approved the request to annex approximately 177 acres consisting of the Riverview Golf and Country Club golf j�lj3 course and a portion of the Sacramento River. Maps of the area j, were shown on the Vu Graph. Council was given copies of the negative declaration and a Minute Item verifying the State Lands Commission' s concurrence in the annexation of the State- owned river channel. Mr. Perry advised that the only affected property owner signed the petition and it is the recommendation of staff that Council adopt a resolution ordering the annexa- tion of the area to the City and ratifying the negative declara- tion. Resolution - Ordering Annexation MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-166 be adopted, a resolution of the City Council of the City of Redding ordering the annexa- tion of certain uninhabited territory designated "City of Redding Annex No. 80-1, " (Riverview Golf and Country Club Property) , to City of Redding. 7/21/80 281 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-166 is on file in the office of the City Clerk. ANNEXATION NO. 80-2 - Sewage Treatment Plant Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16, 1980 . He stated that at its regular meeting of June 11, 1980, the Local Agency Forma- tion Commission approved the request to annex approximately 377 acres comprising the Regional Wastewater Treatment Plant, adjacent City property, and a portion of the Sacramento River. Maps of q3 the area were shown on the Vu Graph. Council was given copies 3 J of the negative declaration and a Minute Item of the State Lands Commission agreeing to the annexation of the State-owned river channel. He advised that a protest hearing is not required as all the property is in the public domain. It is the recommendation of staff that Council adopt a resolution ordering the annexation of the area to the City and ratifying the negative declaration. Resolution - Ordering Annexation MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-167 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory designated "City of Redding Annex No. 80-1" (Eastside Road Property) to City of Redding. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-167 is on file in the office of the City Clerk. ANNEXATION NO. 80-4 - Churn Creek Road Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1980 . He stated a letter has been received requesting annexation of a parcel located on the north side of Churn Creek Road, east of Inter- ..U3 state 5.. The parcel is developed with a service station and •� o convenience market. A map: of the area was shown on the Vu Graph. It is therecommendation of staff that Council first adopt a resolution commencing annexation proceedings and second, adopt a resolution regarding the exchange of property tax. Resolution - Commencing Annexation Proceedings MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-168 be adopted, a resolution of the City Council of 'the City of Redding consenting to commence- ment of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annex No. 80-4 , (Arco Petroleum Property ;on Churn Creek Road) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-168 is on file in the office of the City Clerk. 7/21/80 E i 282 Ir Resolution - Agreeing to Exchange of Property Tax Revenues MOTION: Made by Councilwoman Gard, seconded. by Councilman Demsher that Resolution No. 80-169 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 80-4 to the City of Redding (Arco Petroleum Property on Churn Creek Road) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-169 is on file in the office of the City Clerk. ANNEXATION NO. 80-5 - Westwood Manor Planning and Community Development Director reviewed his memorandum to Council dated July 16, 1980 . He stated a 408-signature petition has been received requesting annexation of Westwood Manor Subdivi- sion to the City of Redding. Council was given a copy of the :2 petition and a map of the area was shown on the Vu Graph. He � stated the signatures represent 68 percent of the property value of the subdivision and the apartments and commercial land between the subdivision and Highway 273. Westwood Manor is served by a private water company and was recently connected to the Regional Sewer Treatment Plant. Pacific Gas and Electric supplies elec- tricity to this area.. Mr. Perry stated that considering the size of the requested annex- ation, the potential demand for City services and what should be the boundaries of the annexation, it is the recommendation of staff that the request be referred to the Growth Committee for report and recommendation. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton referring the request for annexation of Westwood Manor Subdivision to the City of Redding, to the Growth Committee for report and recommendation. The Vote: Unanimous Ayes ANNEXATION NO 80-6 - Shasta View Drive Planning and Community Development Director. Perry reviewed his memorandum to Council dated July 16, 1980 . He stated the property ownersof a parcel consisting of 5. 4 acres located on the west side of Shasta View Drive, opposite the intersection of Goodwater 5g3Avenue, have requested annexation to the City of Redding. He noted that the property, which is undeveloped, is bounded by the City on the south and east and City utilities are within reasonable proximity. It is the recommendation of staff that Council first adopt a resolution to commence annexation proceedings , and second, adopt a resolution regarding property-tax exchange. Resolution - Commencing Annexation Proceedings MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-170 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annex No. 80-6, (St. James Lutheran Church Property) . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 7/21/80 283 Resol'uti'on ,'No. 80--17.0 is -on file -in the office of the City Clerk. Resolution - Agreeing to Property Tax Revenues Exchange MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-171 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 80-6 to the City of Redding (St. James Lutheran Church Property) . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-171 is on file in the office of the City Clerk. ANNEXATION NO. 80-7 - Highway 273 /-2(--,--".1C-2 <°C-�>. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16, 1980 . He stated that the owner of a 45. 6-acre parcel located on the west side of Highway 273 and Interstate 5, approximately 1200 feet north of Cater- pillar Road, has requested annexation to the City of Redding. A map of the area was shown on the Vu Graph. Mr. Perry noted the property is undeveloped and bounded by the City on three sides. The property is classified as "Industrial" on the Redding General Plan. It is the recommendation of staff that Council adopt a resolution to commence annexation proceedings and second adopt a resolution regarding the exchange of property tax. Resolution - Commencing Annexation Proceedings MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-172 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annex No. 80-7, (Farley Property on Highway 273) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-172 is on file in the office of the City Clerk. Resolution - Agreeing to Property Tax Revenues Exchange MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resoltuion No. 80-173 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 80-7 to the City of Redding (Farley Property on Highway 273) . , Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-173 is on file in the office of the City Clerk. ON-STREET PARKING METERS - Increase in Rates- Traffic Engineer Hamilton reviewed his memorandum to Council 7/21/80 284 dated July 15, 1980. He stated that at the regular meeting of the Traffic and Parking Commission on July 14 , 1980 , consider- ation was given to increase on-street parking meter rates to discourage meter-feeding by long-term parkers . A letter with 16 signatures, protesting the increase in Lot 4 , was submitted to the Commission; however, only 2 persons appeared to discuss the issue. It is the recommendation of the Commission and staff that Council approve an increase in the parking meter rates on all two-hour on-street meters, from five cents per hour to ten cents per hour. In response to an inquiry from Mrs . Gard, Mr. Hamilton advised that he has not had the opportunity to check into the possibility of converting some meters to ten hours. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of the Traffic and Parking Commission as hereinabove stated, and instructing the City Attorney to pre- pare the necessary ordinance. The Vote: Unanimous Ayes ESTABLISHMENT OF SPEED LIMITS Traffic Engineer Hamilton reviewed his memorandum to Council /3 dated July 15, 1980. He stated that at its regular meeting of iJuly 14, 1980, the Traffic and Parking Commission considered the proposal of the Traffic Engineer to establish speed limits on certain streets according to engineering and traffic surveys recently conducted. It was the unanimous vote of that Commission to recommend to Council that the following speed limits be estab- lished: Street Between Speed Limit Belt Line Road Caterpillar-Oasis 40 mph Caterpillar Road Belt Line-Market 40 mph Dana Drive Canby-Victor 40 mph East Street Pine-Trinity 30 mph Locust Street East-Park Marina 30 mph Mistletoe Lane Hilltop-Victor 35 mph Old Alturas Road Dana-Victor 30 mph Victor-City Limits 40 mph MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Traffic and Parking Commission as hereinabove stated, and instructing the City Attorney to prepare the necessary ordinance. The Vote: Unanimous Ayes AWARD OF BID - Heater Remixing of Various Streets in the City MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Bid Schedule No. 1220, heater remixing of various streets in the City, be awarded to Vulcan Asphalt Process - (1) Company on their low bid in the amount of $7 , 310 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None AWARD OF BID - 1980 Slurry Seal Program /'1 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton w that Bid Schedule No. 1221, 1980 slurry seal program, be awarded 7/21/80 • 285 to California Pavement Maintenance Company on their low bid in the amount of $47, 386. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Asphalt Concrete Pavement on Churn Creek Road MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Bid Schedule No. 1223, recycling asphalt concrete pavement on Churn Creek Road, be awarded to Therma-Bond Asphalt Company on their low bid in the amount of $51, 450 . r .� Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick and Pugh Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Replacement of Enterprise Area Water Lines MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Bid Schedule No. 1222, replacement of Enterprise area water lines, be awarded to C & C Construction on their ,3iy low bid in the amount of $109 , 348. 3 1 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick and Pugh Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Electrical Modifications to the Corpora- tion Yard Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher accepting completion of the electrical modifications to the Corporation Yard, Bid Schedule No. 1160, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes with Councilman Pugh abstaining NOTICE OF COMPLETION - Enterprise High School Swimming Pool Facility MOTION: Made by Councilwoman Gard, seconded by Councilman ) S6' Kirkpatrick accepting completion of the Enterprise High School Swimming Pool Facility, Bid Schedule No. 1026 , as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Redding Regional Wastewater System Treat- ment Facility MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard accepting completion of the Redding Regional Wastewater System Treatment Facility, Bid Schedule No. 983, as being com- pleted satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes Mayor Pugh complimented staff and the contractor for completing this facility somewhat on time and somewhat within the budget. 7/21/80 286 ACCEPTANCE OF FINAL MAP AND IMPROVEMENTS - Hilltop Heights Subdivision, Unit No. 2 MOTION: . Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the final map for Hilltop Heights Subdivision, IU '' Unit No. 2 be accepted, and instructing the City Clerk to file said map with the Shasta County Recorder upon notification that the inspection fees have been paid. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting all improvements within Hilltop Heights Subdivision, Unit No. 2, for maintenance and operation. The Vote: Unanimous Ayes Resolution - Accepting Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 80-174 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance /J'G+ and operation Mission De Oro Street and Mission Sierra Court within the Hilltop Heights Subdivision Unit 2 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-174 is on file in the office of the City Clerk. ACCEPTANCE OF IMPROVEMENTS - Woodlawn West' Subdivision No. 2 MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher accepting the improvements in Woodlawn West Subdivision, 104) Unit No. 2, as being completed satisfactorily, and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous Ayes • Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-175 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation portions of Woodlawn Street and Wisconsin Avenue located 6I within the Woodlawn West Subdivision Unit 2. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-175 is on file in the office of the City Clerk. SET PUBLIC HEARING - re Acquisition of Property for Enterprise Park MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard setting a public hearing for 7: 30 P .M. , August 18 , 1980 to consider the adoption of a new Resolution of Public Conven- , fence and Necessity to acquire the one parcel which is still required for the proposed Enterprise Park. The Vote: Unan- imous Ayes RESOLUTION - re Street Name Change on Portion of Bechelli Lane to South Bonnyview 64MOTION: Made by Councilman Kirkpatrick, seconded by Councilman tt , l Fulton that Resolution No. 80-176 be adopted, a resolution of the City Council of the City of Redding renaming a certain street in 7/21/80 287 the City of Redding "South Bonnyview Road. " Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-176 is on file in the office of the City Clerk. RESOLUTION - Acceptance of Assignment from P.G. & E . of 15 Electric Easements in EPUD Annexation Area MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 80-177 be adopted, a resolution of the City Council of the City of Redding approving and accepting the assign- ment from Pacific Gas and Electric company of certain easements :74 x in the Enterprise Annexation Area, and authorizing recording. � Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-177 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Applications for Alcoholic Beverage Licenses: 11) 1 7-Eleven Store, 3002 Placer Street Stuft Pizza, 2295 Hilltop Drive ADJOURNMENT There being no further business, at the hour of 10: 00 P.M. , Mayor Pugh declared the meeting adjourned to 12: 00 Noon, July 22 , 1980 . APPROVED: Mayor ATTEST: ar. 741111:9'. City Clerk ij II 7/21/80 i - - -