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HomeMy WebLinkAboutMinutes - City Council - 1972-03-13 37 City Council, A.djourned Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California March 13 , 1972 12:00 Noon The meeting was called to order at 12:00 noon by Mayor Moty with the following Councilmen present: Anderson, Chatfield, Denny, and Moty. Absent: Councilman Chatfield A.lso present were City Manager Brickwood, City Attorney Murphy, Finance Director and Personnel Director Courtney, Public Works Director Arness , Planning Director Harris , Parks Director Blaser, Personnel Officer Reynolds, and City Clerk Brayton. AWARD OF BID - Parking Structure and Site Improvements MOTION: Made by Councilman Denny, seconded by Councilman ��`� � Anderson that Bid Schedule No. 616, including alternate bid items Nos . 1 , 2, 3, and 5 , for Parking Structure and Site Improvements, ��� be awarded to B. & W. Construction of Redding on their low bid of $525 ,875. 00 c�: Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, and Moty Noes: Councilmen - None Absent: Councilrr�en - Fulton ADJOURNMENT Ther'e:being no further business , at the hour of 12:29 p.m. , on the motion of Councilman Denny, seconded by Councilman A.nderson, the meeting wa s adj ourned. A.PPROVED: ,i' / 1 �.__ ;- ,.,. �,�����- � �c,�, � Mayor• � � � -_ ATTEST: .--, �/ �%�'�/ r",l, ,1 � �-v? �� --__ Ci'ty`Clerk ��� �- , 38 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California March 20, 1972 7:00 P.M. The Pledge of A.11egiance to the Flag was led by Finance Director Courtney. The invocation was offered by the Reverend David McMartin of the North Valley Baptist Church. The meeting was call�ed to order at 7':00 P. M. by Mayor Moty with the following Councilmen present: A.nderson, Denny, Fulton, and Moty. Absent: Councilman Chatfield NOTE: Councilman Chatfield entered the meeting at 7:12 P.M. , as indicated hereinafter. A.lso present were City Manager Brickwood, City Attorney Murphy, Finance Director and Personnel Director Courtney, Public Works Director Arness , Planning Director Harris , Traffic Engineer Hamilton, Police Chief Whitmer, Associate Civil Engineer Mathis , Personnel Officer Reynolds , Street Superintendent Galusha, A>irpor't;s IVranager McCall,, and City Clerk Brayton A.PPROVAL OF MINUTES MOTION: Made by Councilman A.nderson, seconded by Councilman Denny approving the minutes of the regular meeting of March 6, 1972 and the minutes of the adjourned regular meeting of March 13, 1972, as mailed to each Counc'ilman. The Vote: Unanimous Ayes APPOINTMENT MOTION: Made by Councilman Anderson, seconded by Councilman Fulton approving the 'reappointment of Mrs . George Lindsay as a member of the Redding Redevelopment Agency with her term of office to end January 1 , 1976 . The Vote: Unanimous Ayes C OMMUNICA.TIONS Wild Life Preserve - Bird Sanctuary A communication from R. C . Spaid, et al, requesting that the area known as Turtle Bay and South City Park along the Sacramento River, be proclaimed a game preserve, and a ����� petition from tlie Wonderland Garden Club requesting that the Turtle Bay Par�k Area be proclaimed a Bird Sanctuary, were referred to a committee composed of Councilman Fulton, City Manager Brickwood, City Attorney Murphy, and Police Chief Whitmer for re�view and recommendation to Council at its meeting of A.pril 3, 1972. Redding Host Llions Club MOTION: Made by Councilman A.nderson, seconded by Councilman Fulton approving the use of the Posse Grounds on July 16, 197�2 by the Redding Host Lions Club for one ��D afternoon and lne evening performance of "Europorama" with the unders�tanding that the necessary insurance will be filed with the C�ity Clerk. The Vote: Unanimous Ayes Modoc Medical Center A comrriunication from R. J. Sutton, Administrator of the G � Modoc Medical�Center, dated March 9, 1972, regarding an � ambulance incident in the City of Redding was referred to the Council A.mbulance Committee r 39 Redding Junior Chamber of Commerce MOTION: Made by Councilman Denny, seconded by Councilman A.nderson approving the request of the Redding Junior Chamber �5�-� of Comnzerce re use of Lake Redding Park on A.pril 2, 1972 between the hour s ,of 8:00 a.m. and 10:00 a.m. for its Annual Easter Egg Hunt. The Vote: Unanimous Ayes APPROVA.L OF ACCOUNTS PAYA.BLE A.ND PAYROLL MOTION: Made by Councilman Anderson, seconded by Councilman Denny that A.ccounts Payable Register No. 18, check nos . 16692 and ��j� 19321 to 19480, inclusive, in the amount of $275, 323.45 be approved and paid, and that Payroll Register No. 19, check nos. 43194 to 43480, inclusive, salaries in the amount of $95, 135.91 for the period February 27 , 1972 through March 11 , 1972, be approved. Total $370,459. 36 Voting was as follows: Ayes: Councilmen - A.nderson, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - Chatfield ORDINANCE - re Electrical Permits MOTION: Made by Councilman Fulton, seconded by Councilman Denny that full reading of Ordinance No. 1084 be waived, and the City A.ttorney be instructed to scan same. The Vote: Unanimous A.yes MOTION: � Made by Councilman A.nderson, seconded by Councilman `��`� Denny that Ordinance No. 1084 be adopted, an ordinance of the City Council of the City of Redding amending the Redding City Code, 1959, as amended, by repealing Section 9-9 . 1 , and adopting a new Section 9-9. 1 , pertaining to is suance of electrical permits . Voting was as follows: Ayes: Councilmen - Anderson, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - Chatfield Ordinance No. 1084 on file in the office of the City Clerk. Councilman Chatfield entered the meeting at this point of the proceedings . TRAFFIC A.ND PARKING COMMIS5ION RECOMMENDA.TIONS Traffic Engineer Hamilton submitted the following recorz�nendations of the Traffic and Parking Commission: Parking Limitation - Court Street It is recommended that a two-hour parking limit be established on both sides of Court 5treet between Placer and Sacramento Streets . " /��� MOTION: Made by Councilman Denny, seconded by Councilman Chatfield approving the recommendation of the Traffic and Parking Commission re establishment of a two-hour parking limit on both sides of Court Street between Placer and Sacramento Streets , and instructing the City Attorney to prepare the necessary resolution.- The Vote: Unanimous Ayes Loading Zone - Sheridan Street It is recommended that a truck loading zone (yellow) 50 feet long be established on the north side of Sheridan Street at the gate to the Crestwood Convalescent Hospital. MOTION: Made by Councilman Denny, seconded by Councilman A.nderson approving the recommendation of the Traffic and Parking ✓/�� Commission re establishment of a truck loading zone (yellow) 50 feet long on the north side of Sheridan Street at the gate to the Crestwood Convalescent Hospital, and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes j 40 BENTON AIRPARK -; Lease Extension - Redding Gun Club MOTION: Made by Gouncilman Denny, seconded by Councilman Anderson approving the recommendation of the A.irports Commission �`� re extension of the lease of the Redding Gun Club at Benton Airpark for a ten year period', ending March 31 , 1982. The Vote: Unanimous A.ye s � CLEA.R CREEK A.NDITWIN VIEW SEWAGE TREATMENT FACILITIES Public Works Director Arness submitted the Clear Creek and Twin .���� View Sewage Treatment Facilities Report for the month of February, 1972. PUBLIC HEARING - !Curb, Gutter, and Sidewalk Construction Project ' Phase VI The hour of 7:30 P. M. having arrived, Mayor Moty opened the Public Hearing on Phase VI,' Curb, Gutter, and Sidewalk Construction Project: The following documents are on file in the office of the City Clerk: Declaration of Mailing and Posting of Notice of Public Hearing Report of the Superintendent of Streets The City Clerk advised Council that a communication had been .��/ received from the following property owners, requesting that construction of concrete curb and gutter , sidewalk, and drive- way on their property be postponed at this time: Richard Tandy 4664 Harrison A.venue Jerry Bronson 4674 Harrison Avenue Hollis W. McClelland 4684 Harrison Avenue Thomas E. Bishop 4626 Harrison Avenue David �D. Beauchamp 4646 Harrison Avenue JamesjI. Kaiser 3646 Harrison Avenue William Howard Daniels 4614 Harrison Avenue The residents in this area are currently paying water and sewer assessments and many feel that this additional assess- ment would be a financial hardship. A.ssociate Civil� Engineer Mathis submitted a map showing the area on Harrison Avenue included in the program. The residents on the east side of Harrison have not been included in the program inasmuch as less than 50°�0 of the block is already in curbs and gutte r s . I Mr. Bishop asked how long it would be before the surrounding area will have io install curbs and gutters. City Attorney Murphy explained that under the law,if, in a given block on one sicle of the street, curb and gutter is in place , the property owner�s in the remainder of the block can be required to install curb and gutter . Mr. Murphy said that as property is developed, resi�dents sometimes voluntarily put in such improve- ments , and in instances where use permits are required for development, curbs and gutters are sometimes stipulated as a condition. It was pointed out that this street is completely developed; therefore, installation would have to be on a voluntary basis . Public Works Director Arness noted that paving of Harrison Street has been scheduled, and curbs and gutters are desirous prior to such paving. He stressed that in addition to protecting the edge of the pavement, curbs and gutters control drainage. � i I 41 Jerry Bronson noted that the area is rather rural, and there is not much foot or vehicular traffic. If it is felt necessary that their area be included in the project, he suggests that curbs and gutters only be installed. The lots are shallow and, with sidewalks, it would reduce the size of the front yards . In answer to Mayor Moty's question, Mr . Mathis said that the �sidewalks would not be constructed next to the curb. Mr. Mathis said that letters had been sent to property owners on the east side of Harrison A.venue, asking if they wished to be included in the project on a voluntary basis; however , no replies have been received to date. Shirley Deter asked if Magnolia Avenue between lOth and 9th Streets was included in the project. She was advised that it was not, but that she could participate on a voluntary basis . Mrs . Deter indicated that she was interested in having curbs and gutters installed, but at the expense of the Shasta High School District. As Council did not have all of the facts , it was suggested that she contact Mr . Mathis regarding the matter . Councilman Denny asked that it be noted in the minutes that he abstained from discussion on this matter as he is a neighbor of Mrs . Deter and also an employee of the Shasta High School District. Mrs . Charles Ballard protested the inclusion of their property on Lake Boulevard in the project, noting that although there is curb and gutter immediately adjacent to their lot, it is the only � block on all of Lake Boulevard with curb and gutter. Mrs . Ballard said they would not object if all of Lake Boulevard were curb ed and gutte r ed. Councilman Denny asked Mrs. Ballard if she didn't feel that such improvement would help sell the property. She replied that they ��/ hoped to sell the property and that the buyer would put in curb and gutter. Mayor Moty pointed out that if curb and gutter were installed now,. possibly portions would have to be removed for driveways when the property is sold and improved. MOTION: Made by Councilman Denny, s econded by Councilman Anderson that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by.Councilman Denny, seconded by Councilman Anderson that the protestors on Harrison A.venue be accommodated by authorizing a transfer of their property from the curb, gutter , and sidewalk classification to the curb and gutter classification with the understanding that the residents where curb and gutter does not presently exist (on the east side of Harrison Avenue) be solicited by the City to participate voluntarily in the curb and gutter irnprovement in order that optimum conditions could be obtained for improving the street. Before the vote was taken on the above motion, Councilman Chat- field asked, if action were delayed two weeks would it allow staff enough time to get sufficient information by canvassing the area (east; side of Harrison) to put a sound program together? Mr. Murphy replied that the basic decision can be made tonight or in two weeks, as the residents on the east side of Harrison A.venue would come into the program on a voluntary basis. The Vote on the aforesaid motion was: Unanimous Ayes � I 42 MOTION: Mad'e by Councilman Fulton, seconded by Councilman Chatfield that the Ballard property on Lake Boulevard be deleted from the project. The Vote: Unanimous Ayes i RESOLUTION � Ordering Construction - Phas e VI �j/ MOTION: Made by Councilman Chatfield, seconded by Councilman Fulton that Resfolution No. 72-31 (as amended) be adopted, a resolution of tlie City Council of the City of Redding ordering the construction of certain improvements in certain designated loca- tions on certain designated streets in the City of Redding, pursuant to Chapter 27 of the Improvement A.ct of 1911 . Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None i Resolution No. 172-31 on file in the office of the City Clerk. PUBLIC HEA.RING - 'Rezoning A.pplication RZ- 10-71 The hour of 7:30 P. M. having arrived, Mayor Moty opened the Public Hearing on Rezoning A.pplication RZ-10-71 . The following documents are on file in the office of the City Clerk: A.ffidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Report of Planning Director dated March 17, 1972 The City Clerk advised Council that no written protests had been filed, and the Mayor ascertained that there were no protests from the floor. � Planning Director reviewed his report to Council dated March 17 , 1972, which report is made a part of these minutes by reference. Mr`. Harris then showed the area proposed for rezoning on the; Vu Graph. The proposed rezoning requested by Robert Spaid is that the subject property be rezoned from "C-2-P" to "C2�-CT", and is located on the west side of the Sacramento River, east of Park Marina Drive, between ��y Bambauer's Re'staurant and the Interline Trucking Company. Mr. Harris poi�nted out that it was the opinion of both the State Reclamation Board and Water Resources A.gency that the pro- posed developrrient might be approved by the respective agencies if the flow of flood waters was not impeded and improvements above ground �ere removed during flood season. However, they also stated that this was only a rezoning and the official comment cannot be giveri until a specific developrnent plan is submitted. Subsequent to the Commission's hearing, the Army Corps of Engineers indieated that the area of the proposed installation is considered to b�e within the boundaries of the Sacramento River Floodway and within the boundaries of the proposed designated floodway by the� State Reclamation Board. The Corps also stated that they cannoi endorse this change in zoning. Inasmuch as no recommendation carried at the Planning Commission level, the appli�cation is before Council for consideration without Planning Comrnission recommendation, i The area of discussion by members of Council centered around the "flood line" which cuts through approximately the middle of the area requested to be rezoned. Mr. Harris stated that the property owner would not be allowed by State and Federal A.gencies to fill the property within the flood zone. 43 Mayor Moty asked if it would be possible to have a time criteria, wherein the area above the flood line could be used year-round and the usage in the area below the flood line only allowed during non-flood time of the year. Mr. Harris replied that this could be accommodated with a Use Permit. In reply to the Mayor's inquiry as to whether it would be possible to get a commitment frorn the State Board of Reclama- tion with this in mind, Mr . Harris stated that the Board has no objection to the rezoning per se , but will withhold comment on any Use Permit. The Board wishes to be advised before a Use Permit is is sued. City A.ttorney Murphy said one principal concern is that the City Code requires screening around the perimeter of the trailer park '=- a buffer between the park and adjoining property -- and it is felt that the Corps of A.rmy Engineers will oppose this because such screening could interfere with the free flow of water through the area during flood time. Councilman Anderson asked what the City's legal exposure would be if someone were injur ed at flood time. Mr. Murphy replied that it has been expressly held that where a City approves a subdivision plan which diverts storm waters, the City is primarily responsible. He does not know if this would apply in a flood plain� zone. Councilman Chatfield said he could not see where the liability is any greater under "C2-CT", the requested rezoning, than the present zoning of "C-2-P", and Mr. Murphy agreed that `�� this is correct. Councilman Chatfield stated that he feels Council needs decisive action from the Planning Commission. John Williams , Manager of the Park Marina Trailer Park, spoke on behalf of Mr. Spaid, the applicant. He stated that the Bureau of Reclamation has moved the existing flood zone line 300 ft. to the east and therefore the area could be filled and restored, and that the river �ould follow its normal channel. He also said that the screening would not be in the flood area; also that there has been discussion about installing a removable cyclone fence as screening. He spoke of the need for the trailer park, which would not be for permanent occupancy but just for seasonal summer business. Mr . Williams pointed out that the requested rezoning would just extend the adjacent area presently zoned "C2-CT. " Mayor Moty agreed that he cannot differentiate too much from the proposed rezoning from that which is currently zoned "C2-CT." Councilman Denny asked if the Planning Commission had gone back and reviewed their minutes at the time the "C2-CT" zoning was approved for the adjacent property. Mr. Harris said they had reviewed briefly the action that was taken. However, flood plain information was not available at the time of the original zoning of the area to "C2-CT. " Mr. Harris further stated that the Commissioner who voted "No" on the current rezoning did so because he felt the original zoning was a mistake. , 44 Councilman Chatfield asked if the present Trailer Park was authorized by a Use Permit. Mr. Harris said it was . He further stated that prior to the establishment of the flood line it was possiblelto fill and raise the level of the land, but now it is not. I Councilman Denny said he would make the following motion with the unders�tanding that he would subsequently move for Council to appr�ove the rezoning change and refer the appli- cation back to the Planning Commission for a report and recomxnendation. MOTION: Made by Councilman Denny, seconded by Councilman Fulton that the �Public Hearing be closed. Voting was as follows: A.yes: Councilmen - Denny, Fulton, and Moty Noes: Councilmen - A.nder son and Chatfield Absent: Councilmen - None MOTION: Made by Councilman Denny, seconded by Councilman Chatfield approving the rezoning change and referririg the appli- cation back to the Planning Commission for a r,eport and recom- mendation, and instructing tlie Planning Commission to consider evidence that might be available re the location of the flood plain line. Voting was as follows: A.yes: Councilmen - Chatfield, Denny, Fulton, and Moty Noes: Councilmen - A:nderson A.bsent: Councilmen - None ��� PUBLIC HEARING - Rezoning A.pplications RZ-9-71 and RZ- 1-72 Councilman Anderson abstained from discussion and voting on this matter. The hour of 7:30 P. M. having arrived, Mayor Moty opened the Public Hearing re Rezoning A.pplications RZ-9-71 and RZ- 1-72. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission Recommendation dated March 17, 1972 The City Clerk advised Council that no written protests had been filed, and the Mayor ascertained that there were no protests from the floor .) Planning' Director Harris reviewed the Planning Commission Recomnzendation as contained in a memo to Council dated March 17, 1972, which memo is made a part of these minutes by reference. IThe property included in the two rezonings is located north of Lake Boulevard at the intersection of Clay Street and lies f o the east of the Southern Pacific Railroad. Mr: ,Harris noted that the rezoning application (RZ-9-71) submitted by A.ugustus and Judith Robrecht, requesting a change from "R- 1" to !.'R2-RT" zoning, resulted in the Planning Comrriission's initiating a zoning change on the adjacent properties (RZ-1-72) in order that the entire area could be consid'ered at one time. A. map of the area, setting forth the Planning Commission's recomnzendation for zoning, was shown on the Vu Graph. The "M-2-F" Industrial zoning is recomrnended for the area adjacent to the industrial zoning adopted by the County, and the remainder of the property is recommended for the "R2-RT" Residential, permitting mobile home parks, and "U-F" Unclassified zoning. I 45 Councilman Denny inquired about access to the property. Mr. Har'ris said that access is an old right-of-way, known as the Beltline Road, and that the parcel proposed to be zoned "M-2-F" could gain access through the Industrial Park. Mr. Robrecht asked if the area zoned "U-F" could be 1 '�� developed for recreation or offices . Mr. Harris replied that such area could be developed for recreational purposes but would not want any buildings . It is not considered desirable to change the topography. Mr. Robrecht said he feels this is a reasonable compromise. MOTION: Made by Councilman Denny, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes with Councilman Anderson abstaining, Councilman Chatfield asked if the proposed rezoning complies with the General Plan. Mr. Harris replied that it does , insofar as density is concerned. MOTION: Made by Councilman Denny, seconded by Councilman Chatfield approving tlie recommendation of the Planning Commission re Rezoning Applications RZ-9-71 and RZ- 1-72, and instructing the City Attorney to prepare the neces sary ordinance . The Vote: Unanimous A.yes with Councilrnan Anderson abstaining. REDDING MUNICIPAL AIRPORT - Owner-Architect A.greement MOTION: Made by Councilman Chatfield, seconded by Councilman Anderson approving the Owner-Architect Agreement between the City //� of Redding and Allyn Martin re construction of addition and remodeling of Redding Municipal Airport A.dministration Building, and authorizing the Mayor to sign said Agreement on behalf of the City. The Vote: Unanimous Ayes LICENSE AGREEMENT - RTE Corporation MOTION: Made by Councilman Fulton, seconded by Councilman Denny approving thP Non-Exclusive License A.greement between RTE Corpora- ���� tion and the City of Redding re Corrosion Protected Transformer System, and authorizing the Mayor to sign said A.greement on behalf of the City. The Vote: Unanimous Ayes AGREEMENT - Business Improvement Area Board - Midtown Project MOTION: Made by Councilman A.nderson, seconded by Councilman Fulton approving the Agreement between the City of Redding and the �(v�� Parking and Business Improvement A.rea Board, and authorizing the Mayor to sign said Agreement on behalf of the City. The Vote: Unanimous Aye s BUSINES5 FROM THE FLOOR - Howard Taylor Mr. Howard Taylor , owner of an automobile agency in Redding, said he wished to advise Council that he is interested in purchasing or leasing part or all of the City owned property on Cypress Avenue. He said he had talked to a Councilman about this several months ago and that he had spoken to the City Manager about it, but he had re- ceived no satisfaction from anyone , and now there is a sign posted , ��� offering the property for sale or lease. He corrunented that he knows the City is not interested in automobile agencies in Redding, pointing out that the City had gone out of town to purchase vehicles without giving local dealers an opportunity to bid. 46 Mayor Moty said that he strongly objected to Mr. Taylor's statements; that the City is interested in car dealers and is interested in having them stay within the City. They contribute to the economy, and the sales tax revenue is an important item. He told Mr. Taylor he was certain his request for the Cypress Street property would be considered and evaluated fairly. i City Manager Brickwlood reported that Mr. Taylor had teleplioned him regarding the Cypres!s Street property and that he in turn had spoken to the staff inember liaridling such matters, and later was told that Mr. Taylor had beenlcontacted. Mr. Brickwood said there was a meeting scheduled for Thursday' of this week by the surplus property committee where guidelines would be set regarding the lease or sale of the Cypress Street property. With respect to the purchase of vehicles , Mr. Brickwood said the only cars purchased outside of the City of Redding were five vehicles for the Police Department where the City took advantage of purchasing cars through the State of California, and local,dealers were contacted and asked if they coul'd meet the bid. All other vehicles have been purchased locally. ROUTINE COMMUNICATIONS /�� Shasta-Cascade Wonderland A.ssociation publicity re Shasta Lake, etc. % -�,� City of Redding. Building Department Report - February; 1972 ADJOURNMENT � There being no further business , at the hour of 9:50 P.M. , on the motion of Councilman Chatfield, seconded by Councilman A.nderson, the meeting was adjourned. APPROVED: � �-- '� • Y� � _ ATTEST: - I I ,,� � � � i 'I.r�C.,�� �_�.' ,/� � ��� �-�'--� City Clerk ' � '