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HomeMy WebLinkAboutMinutes - City Council - 1971-07-19 104 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California July 19, 1971 7:00 P.M. The Pledge of A.11egiance to the Flag was led by Police Chief Whitmer. The meeting was called to order at 7:00 P.M. by Mayor Moty with the following Councilmen present: A.nderson, Chatfield, Denny, Fulton, and Moty, A.lso present were City Manager Brickwood, City A.ttorney Murphy, Finance Director and Personnel Director Courtney, Public Works Director A.rness , Planning Director Harris , Police Chief Whitmer, Parks Director Blaser, and City Clerk Brayton. A.PPROVAL OF MINUTES MOTION: Made by Councilman Denny, s econded by Councilman Fulton approving the minutes of the regular meeting of July 6, 1971, as mailed to each Councilman. The Vote: Unanimous. A.yes Mayor Moty spoke of the tragic death of the daughter of Mr. and Mrs. William Hiler and read a letter of sympathy that was to be signed by each Councilman and sent to the family. FUNCTIONAL CLA.SSIFICATION SYSTEM OF STATE HIGHWA.YS Mr. Herbert Miles , District Engineer of the State Division of Highways, appeared before Council to explain the Functional Classification System of State Highways which has been adopted by the State Department of Public Works ., One purpose of this system is to determine whether certain roads should be deleted from the State highway system and whether certain roads should be added to such system. Mr. Miles reviewed the classifications assigned to the various type roads and stated that some of the roads that are presently under State jurisdic- tion do not meet the State standards, according the Functional Classi- a�0 fication System, and should not be part of the State highway s.ystem. He said that one such road is State Route 273 (A.lternate 5) which is classified as Type IV pr'incipal arterial, non-conforming State.highway. Mr. Miles said that a meeting has been set for July 21st with the A.nderson and Redding Chambers of Commerce and staff inembers of the Cities of A.nderson and Redding and 5hasta County to discuss and prepare a presentation opposing the deletion of State Route 273 from the State highway system. Mr. Miles noted that a hearing will be held in Redding�at 10:30 a.m. , A.ugust 26th regarding State Route 273, but that such hearing will not be a public hearing for deletion of such route. Before it can be deleted from the State highway system, a subsequent public hearing will be necessary. Mr . Miles further stated that the State Director of Public Works has indicated that he is not going to recommend anything that would place a financial burden on any City or County. Councilman A.nderson recommended that Public Works Director A.rness oppose deletion of State Route 273 from the State highway system as strongly as possible. NORTH BECHELLI LANE IMPROVEMENT A.SSESSMENT DISTRICT NO. 1971-5-1 Councilman A.nderson abstained from discussion and voting on this item. ��(� City A.ttorney Murphy submitted the following documents pertaining to the North Bechelli Lane Improvement A.ssessment District No. 1971-5-1: Petition Boundary Map � 105 Resolution - approving Boundary Map MOTION: Made by Councilman Chatfield, seconded by Councilman Fulton that Resolution No. 4464 be adopted, a resolution of the City Council of the City of Redding approving Boundary Map of North Bechelli Lane Improve- ,-�` � �� � ment A.ssessment District No. 1971-5-1 , City of Redding, � Shasta County, California. , Voting was as follows: � A.yes: Councilmeri - Chatfield, Denny, Fulton, and Moty i Noes: Councilmen - None Absent: Councilmen - None A.bstain: Councilmen - Anderson Resolution No. 4464 on file in the office of the City Clerk. Certificate of Director of Public Works re percentage of signatures to petition. Resolution - of preliminary determination � MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 4465 be adopted, a resolution of the City Council of the City of Redding of preliminary determination that the public convenience and �G, � � necessity require certain improvements in the North Bechelli Lane Improvement A.s s es sment Di strict No. 1971-5- 1. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bsent: Councilmen - None A.bstain: Councilmen - A.nderson Resolution No. 4465 on file in the office of the City Clerk. ; Resolution - directing preparation of plans and specifications � MOTION: Made by Councilman Fulton, seconded by Councilman Denny that Resolution No. 4466 be adopted, a resolution of the City Council of the City of Redding directing the Engineer to furnish the City Council with Plans and Specifications for the work � to be performed in the North Bechelli Lane Improvement A.ssess- � � � ment District No. 1971-S-1 . � Voting was as follows: A.yes: Councilmen - Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bsent: Councilmen - None Abstain: Councilmen - A.nderson Resolution No. 4466 on file in the office of the City Clerk. Engineer's Estimate of Cost ; Plans and Specifications Resolution - adopting Plans and Specifications � MOTION: Made by Councilman Chatfield, seconded by Councilman Fulton that Resolution No. 4467 be adopted, a resolution of the City Council of the City of Redding approving the Plans and Specifications for improvement in the North Bechelli Lane Improvement A.s s es sment Di strict No. 1971-5-1. U � Voting was as follows: � A.yes: Councilmen - Chatfield, Denny, Fulton, and Moty '� Noes: Councilmen - None � Absent: Councilmen - None ; A.bstain: Councilmen - Anderson Resolution No. 4467 on file in the office of the City Clerk. 106 Resolution - of Intention MOTION: Ma.de by Councilman Fulton, seconded by Councilrnan Denny that Resolution No. 4468 be adopted, a resolution of the City Council of the City of Redding of �� � intention relating to the North Bechelli Lane Improvement Assessment District No. 1971-5-1 . Voting was as follows: A.yes: Councilmen - Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bsent: Councilmen - None A.bstain: Councilmen - A.nderson Resolution No. 4468 on file in the office of the City Clerk. Public Hearing set for 7:30 P.M. , Monday, August 16, 1971. Resolution - preliminarily ordering work MOTION: Made by Councilman Denny, seconded by Councilman Chatfield that Resolution No. 4469 be adopted, a resolution of the City Gouncil of the City of Redding preliminarily ordering ��� work and calling for construction bids . Voting was as follows: A.yes: Councilmen - Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - A.nderson Resolution No, 4469 on file in the office of the City Clerk. Notice Inviting Sealed Bids A.PPROVA.L OF CLAIMS A.ND PA.YROLL MOTION: Made by Councilman Anderson, seconded by Councilman Chatfield that A.ccounts Payable Register No. 2, check nos . 15583 to 15840, inclusive, in the amount of $216, 154.26 be approved and paid, �. � � and that Payroll Register No. 1 , check nos . 38079 to. 38412, inclusive, salaries in the amount of $97 , 339• 99, for the period June 20, 1971 through July 3, 1971 be approved. Total $313 ,494.25 Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None TREA.5URER'S REPORT Councilman A.nderson submitted a report showing Total Treasurer's r �7 A.ccountability for the month ending June 30, 1971 to be $4,743, 594.39. CLAIM FOR DAMAGES - lst hearing Joseph T. Melvin - Claim filed 6/28/71 MOTION: Made by Councilman Chatfield, seconded by Councilman A.nderson approving the Claim for Damages filed by Joseph T. Melvin on June 28, 1971 in the amount of $4. 50, r'� ,� and authorizing the Finance Director to pay same. Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None City Insurance Committee recoxr�xnendation dated July 15 , 1971 on file in the office of the City Clerk. � 107 PUBLIC HEA.RING - LJnderground Utility District - California Street between Sacramento and Tehama Streets ' Mayor Moty abstained from discussion and voting on this item and , stepped down as presiding officer. Vice Mayor Chatfield took the chair. � The hour of 7:30 P. M. having arrived, Vice Mayor Chatfield opened the Public Hearing re Underground Utility District, California Street between Sacramento and Tehama Streets . The following document is on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing The b.oundaries of the proposed underground utility district �a � are as follows: Beginning at the northeast corner of Tehama and California Streets; thence along the east curb line of California Street to Sacramento 5treet; thence along the north curb line of Sacramento Street to a point 100 feet west of the westerly right of way line of California Street; thence northerly to the north curb line of Tehama Street; thence easterly along the north curb line of Tehama Street to the point of beginning. The City Clerk stated that no written protests had been filed, and Vice Mayor Chatfield ascertained that there were no protests from the floor. Councilman Fulton asked why the propos ed district stops at 5acramento Street instead of continuing. to Gold Street, which is the southern boundary of Midtown Project No. 1. Public � Works Director A.rness explained that there are two different electrical circuits in that area, and that in this district we ' will be tieing in with the 12, 000 volt system which ends at ' Sacramento Street. It is proposed to tie in with the 2400 volt � system at a later date. Mr. Arness said that the boundaries ! of the proposed district were carefully reviewed and approved by the Manager of Pacific Telephone Company. MOTION: Made by Councilman Denny, seconded by Councilman Anderson that the Public Hearing b.e closed. The Vote: Unanimous Ayes with Mayor Moty abstaining. Councilman Anderson offered Ordinance No. 1060 for first ' reading, an ordinance of the City Council of the City of Redding declaring a certain area of the City an underground ,utility district in accordance with provisions of Section 27 . 1-2 of the Redding City Code, and requiring the removal of poles , overhead wires and associated overhead structures within said district and fixing the time for said removal and the time within which property owners within the district must be ready to receive underground service. PUBLIC HEA.RING - Amendment to Zoning Ordinance - pertaining to 'R-3" and "R-3-15" Multiple Family Districts i The hour of 7:30 P. M, having arrived, Mayor Moty opened the ; Public Hearing on proposed amendments to the "R-3" and j� C� "R-3-15" Multiple Family Districts. ✓ � The following documents are on file in the office of the City Clerk: � � Affidavit of Publication - Notice of Public Hearing , Memo to Council from Planning Director, dated 7/14/71 j 108 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor . Planning Director Harris reported that the Planning'Com- mission has recommended approval of the proposed amend- ments to the "R-3" and "R-3-15" Multiple Family Districts , which would provide for a greater range in densities -- from one unit per 1,000 square feet to one unit per 4,000 square feet -- by uses of combining clistricts. The density in the present "R-3" and "R-3-15" zoning districts would not be affected by the amendments. Mr. Harris said that minor changes had to be made where the regulations now differ in the "R-3" and "R-3-15" Districts . MOTION: Made by Councilman A.nderson, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous A.yes Councilman A.nderson offered Ordinance No. 1061 for first reading, an ordinance of tlie Ci ty Council of the City of Redding repealing Sections 30-5 .5 , 30-5 .6, 30-5 .7, 30-5.8, 30-5 .9, 30-5. 10, and 30-6 of the Redding City Code, 1959 , as amended, and substituting therefor new Sections 30-6 and 30-6. 1, establishing regulations for the multiple family or R-3 District and Combining Districts . PUBLIC HEARING - Amendment to Zoning Ordinance - "Planned Development" District The hour of 7:30 P. M. having arrived, Mayor Moty opened the Public Hearing on a proposed amendment to the Zoning Ordinance re "Planned Development" District The following documents are on file in the office of the City Clerk: A.ffidavit of Publication - Notice of Public Hearing Memo to Council from Planning Director, dated 7/14/71 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor . Planning Director Harris described the "Planned Development" District which the Planning Commission has recommended be j �� added to the Zoning Ordinance, stating that the PD District is designed to be used in those areas in which greater flexibility is necessary to provide for unique design and development. Mr. Harris explained that preliminary plans would be submitted to staff to be reviewed by the Board of A.dministrative Review. A formal zoning application would then be submitted to the Planning Commission and a public hearing would be held. Prior to actual construction, final development plans would be reviewed by the Planning Commission to ensure that they conform to the preliminary plans approved by the Coxnrnission and Council. In a discussion of the proposed ordinance establishing the PD District, Councilmen A.nderson and Chatfield indicated that they felt the ordinance contained too many regulations and was too restrictive, citing as prima.ry examples the set-back require- ment of one foot for each foot of building height and the feasibility , study requirement. They also objected to the wording of the last paragraph of page 1 which reads, "Planned developments shall not combine imcompatible or nonrelated uses, and the development shall conform to the Redding General Plan. " Councilman Chatfield said he believed that sections of the ordinance are too specific and that guide lines should be in the form of a resolution; that the ordinance is too inflexible. 109 Councilman A.nderson said he feels the ordinance would dis- courage developers from building within the City. Both Councilmen said that, in their opinion, there should be a paragraph at the beginning of the ordinance spelling out the , purpose of the PD District, and that provision should be , made whereby the Planning Commission or Council could , waive some of the requirements , if it were deemed appro- ; priate. Councilman Denny said he was in basic disagreement with Councilmen A.nderson and Chatfield. He does not feel there are too many regulations ,except for the feasibility study which he thinks should be permissive, rather than mandatory. Mr. Denny opposes blanket waiver clauses as he believes the ordinance contains reasonable and desirable standards, and a waiver clause would open the door and really invite requests for waive'rs w'_iicli would be extremely dangerous and time consuming for the Commis sion and Council. A.t the hour of 9:40 P.M. , Mayor Moty recessed the Public Hearing in order that the City A.ttorney and Planning Director could redraft certain portions of the ordinance from a clerical standpoint so that the ordinance would�be acceptable to all members of Council. (See page 112 for balance of public hearing) C LAIM FOR DA.MAGES - 2nd hearing R. B. McKahan - Claim filed 6/7/71 MOTION: Made by Councilman Anderson, seconded by �'� � Councilman Fulton that the Claim for Damages filed by R. B. McKahan on June 7, 1971 be denied, and the , claimant be so advised. The Vote: Unanimous Ayes ORDINA.NCE -� re RZ-5-71 :�. ' Councilman Chatfield offered Ordinance No. 1062 for first reading, an ordinance of the City Council of the City. of Redding amending /t�� ' Section 30-3 of the Redding City Code, 1959 , as amended, relating ; to the rezoning of certain real. property: in the Gity of Redding. (RZ-5-71) � AWA.RD OF BID - Douglas Fir Poles MOTION: Made by Councilman A.nderson, seconded by Councilman Denny approving the recommendation of the City Manager that Bid , / Schedule No. 597 for pougias Fir Poles be. awarded to:Koppers �j `t� Company on their bid of $5,335.28, tax included. Voting was as follows: A.yes: Gouncilmen - Anderson, Chatfield, Denny., Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None RESOLUTION - Setting Tax Rate : MOTION: Made by Councilman Chatfield, seconded by Councilman A.nderson that Resolution No. 4470 be adopted, a resolution of the City Council of�the City of Redding setting the tax rate for the fiscal year 1971-1972. /�� Voting.wa,s as follows: • � A.yes: Councilmen - A.nderson; Chatfield, .Denny., Fulton, and Moty Noes: Councilmen._- None � Absent: Councilmen - None Resolution No. 4470 on file in the office of the City Clerk. 110 RESOLUTION - of Intention to Vacate and Abandon an A11ey MOTION: Made by Councilman Denny, seconded by Councilman A.nderson that Resolution l�To. 4471 be adopted; a resolution of the City Council of the City of Redding declaririg its interition to ��� vacate and abandon an alley between St. �Marks Street and Lake Boulevard. Voting was as follows: A.yes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Couneilmen� = None Resolution No. 4471 on file in the office of the City Clerk. Public Hearing set for 7:30 P.M. , Monday, August 16; 1971. A.PPOINTMENT - re City of Redding Centennial Observances MOTIOIV: Made by Councilman A.nderson, seconded by Couricilman �� � Denny approving the recoxnxnendation of the Recreation arid Parks Commission that Ed Henriques be appointed to head the 1972 City of Redding Centennial observances . The Vote: Unanimous A.yes CLEA.R CREEK SEWA.GE TREA.TMENT FA.CILITY AND TWIN VIEW SEWA.GE TREA.TMENT FA.CILITY ���� Public Works Directox A.rness submitted the Clear Creek and Twin View Sewage Treatment Facilities Monthly Report for June, 1971 . RESOLUTION - Accepting A.11ey for Maintenance - Garden-Orchard Estates MOTION: Made by Councilman .Fulton, seconded by Councilman Denny that Resolution No. 4472 be adopted, a resolution of the City Council ,1 of the City of Reddirig accepting for maintenance and operation a certain �� b'`�`" alley located between Garden Street and Orchard Estates Street in the City of Redding. Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilxnen - None Resolution No. 4472 on file in the office of the City Clerk. RESOLUTION - re Restraint on Alienation re Open Space Land MOTION�: Made. by Councilman Denny, seconded by Councilman Fulton that Resolution No. 4473 be adopted, a resolution of'the City Council ��� of the City of Redding imposing the declaration of a restriction on alienation on certain real property of the City. Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 4473 on file in the office of the City Clerk. RESOLUTION - re A.baternent of Substandard Structure - Bentrim MOTION: Made by Councilman Chatfield, seconded by Councilman Anderson that Resolution No. 4474 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of A.ppeals and ordering the abatement, by removal, of the ��s�'" unsafe and dilapidated building on property at 3086 South Street. (•Mrs . P. L. Bentrim, aka Mrs . P. L. Nichols) Voting was as follows: A.yes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noe s: Councilmen - None A.bsent: Councilmen - None Resolution No. 4474 on file in the office of the City Clerk. 111 NORTHERN CA.LIFORNIA. POWER A.GENCY In a memo to Council, dated July 14, 1971, City A.ttorney Murphy reported on the decision of the Supreme Court of the State of � �' � � California in the case of the NCPA vs. the Public Utilities Com- mission of the State of California and the Pacific Gas & Electric Company, in which it was ruled in essence that anti-trust issues ', must be considered in certificate proceedings. LEGISLA.TION. - re A..B. 1936 MOTION: Made by Councilman A.nderson, seconded by Councilman Fulton approving the recommendation of the City A.ttorney and the City Clerk that Council express its opposition to Senator Marler and Assemblywoman Pauline Davis on A..B. 193Fi, a bill which would ;� �.� prohibit a City from levying a business license tax,other than a tax based on gross receipts, on thebusiness of renting, leasing, or operating all sorts of vending machines. The Vote: Unanimous Ayes RESOLUTION - re Utility A.greement - State Division of Highways MOTION: Made by Councilman A.nderson, seconded by Councilman Chatfield that Resolution No. 4475 be adopted, a resolution of the 1 J � City Council of the City of Redding approving Utilities A.greement l v No. 2-1836 between the City of Redding and the State Division of Highways. Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bsent: Councilmen - None Resolution No. 4475 on file in the office of the City Clerk. RESOLUTION - re Easement from Southern Pacific MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 4476 be adopted, a resolution of the City Council of the City of Redding approvirig and providing fox the execution of an ��:/ easement to maintain and operate water and sewer lines beneath the � tracks and property of Southern Pacific Transportation Company in the former Buckeye County Water District Area. : Voting was as follows: ' Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bsent: Councilmen - None Resolution No. 4476 on file in the office of the City Clerk. LEGISLATION = A..B.. 2622, S. B. 14�89,• A.:�B. 22944 - ' � Mayor Moty declared the following an urgency item. . Staff recommended that Council express its opposition to Senator Marler and A.ssemblywoman Pauline Davis on the following measures: A..B. 2622 , which would require that the City establish procedural rules�f'or .the conduct of its zoning hearings; �that witnesses be sworn under oath, and that all testimony be taken and that trans- scripts of hearings be made and �preserved. 5uch a procedure � �� would be extremely costly and unnecessary. � ' A.B. 2294, legislation regarding mobile homes and mobile home parks. Such legislation would invalidate our local regulations ; which have higher standards than now imposed by State law. S. B. 1489, which contains a provision which declares that "the regulation of local planning by the State is a matter of State-wide interest and concern." Staff is concerned that this language is preemptive and may caus e local planning legislation to be invalidated because of State occupation of the planning field. 112 MOTION: Made by Councilman A.nderson, seconded by Councilman Chatfield authorizing the City Manager to advise Senator Marler and A.ssemblywoman Pauline Davis of Council'`s opposition to A.. B. 2622, A.:B. 2294, and S:B, 1489�. The Vote: Unanimous A.yes CONTINUED PUBLIC HEA.RING - "Planned Development" District A.t the hour of 10:00 P.M. , Mayor Moty reopened the Public Hearing on the proposed amendment to the Zoning Ordinance re "Pianned Development" District. • � City A.ttorney Murphy and PlanningtDi�rector Ha.rris: submitted _. the following clerical changes to the proposed ordinance re the PD District . • . • a) Insert the following introduc.tory paragraph immediately following the Section 30-14. 1 title. .. !!The Rlanried� Development District is :intended to pro- vide for greater flexibility in design and to provide for j�� a combination of uses in a ma.nner compatible to each and to the surrounding. environxnent.!'- b) The last paragraph on page 1 of the proposed ordinance � shall read: "Planned Developments shall not combine various uses in a manner which is incompatible, and the development shall conform to the Redding General Plan." c) Item h. on pa�ge 6 of the proposed ordinance shall read: "A. land use marketability study prepared by a professionally recogx�ized person or firm, indicating the feasibility of the proposed development and the various land uses proposed therein. . The Planning Gommission may waive this require- ment of the preliminary=plan if, in its judgment, such study is unnecessary for the protection of either: city services or the general public." Members of Council expressed general agreement with the pro- posed clerical changes . MOTION: Made by Councilman Denny, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes Councilman Denny offered Ordinance No. 1063, incorporating the above clerical changes, for first reading, an ordinance of of the City Council of the City of Redding amending Chapter 30 of the .Redding City Code, 1959, as amended, by adding thereto Section 30- 14. 1, pertaining to Planned Development or PD District, ROUTINE COMMUNICA.TIONS . � � � 7 ICCCNC :notic:e : of ineeting of July 20, 1971 ,�� Shasta=Cascade Wonderland A.ssociation publicit}r in "The Woodsrnan" ' 113 ' A.DJOURNMENT There being no further business , at the hour of 10:07 p.m. , on the motion of Councilman A.nder son, s econded by Councilman Fulton, the meeting was adjourned. A.PPR OV ED: ' . �-- M r ATTEST: V ,� � Cit Clerk� I