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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-03-18 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California March l8, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Pastor Marvin Petersen of the Community Church of God. The meeting was called to order by Mayor Kirkpatrick with the follow- ing Council Members present: Demsher, Fulton, Gard, and Kirkpatrick. Council Members absent: Pugh Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Electric Director Lindley, Planning and Com- munity Development Director Perry, Director of General Services Masingale, Senior Planner Keaney, Director of Finance Downing, Dir- ector of Data Processing Kelley, Airports Director Homan, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of March 4, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. l7, Check nos. l04009 through l04278 inclusive, in the amount of $l,9l4.699.2l, be approved and paid, and Payroll Register No. l8, check nos. 204559 through 205l79 inclusive, in the amount of $490,l86.90, for the period February 24, l985, through March 9, l985, be approved. Total: $2,404,886.ll Treasurer's Report - February 28, l985 (B-l30-l50) Total Treasurer's Reportability - $24,500,540.85 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $42,l43,085.39 Claims for Damage and Personal Injury - lst Hearing Redding Yellow Cab - Claim for Damages filed 2/7/85 Recommend denial (C-090-020) Linda Conrad representing Vickie Heflin - Claim for Personal Injury filed 2/28/85 Recommend denial and refer to Insurance Carrier (C-090-050) Gina Nelson - Claim for Damages filed 3/l2/85 Recommend payment in the amount of $l82.60 (C-090-020) Award of Bid - One 3/4 Ton Diesel Pickup Truck with Utility Body (B-050-l00) City Manager recommends that Bid Schedule No. l6l7, one (l) 3/4 ton diesel pickup truck with utility body, be awarded to Rodway Chevrolet on its low bid in the amount of $l4,580.75, sales tax included. It was noted that a supplemental appropriation of $2,580.75 will be required. Award of Bid - One Transmission, Allison Model MT 643 (B-050-l00) City Manager recommends that Bid Schedule No. l6l8, one (l) transmission, Allison, Model MT 643, be awarded to Martin's Diesel Service, Inc., on its low bid in the amount of $5,575.60, sales tax included. Award of Bid - One l/2 Ton Pickup Truck (B-050-l00) City Manager recommends that Bid Schedule No. l6l9, one (l) l/2 ton pickup truck, be awarded to the low bidder, Rodway Chevrolet, in the amount of $9,06l.62, sales tax included. Award of Bid - Construction of Rancho Road l2 KV Distribution Feeder Circuit (B-050-020 and E-090-l60) Electric Director and Public Works Director recommend that Bid Schedule No. l608 (Job No. 9432-25), construction of Rancho Road l2 KV Distribution Feeder Circuit be awarded to Northern Indus- trial Electric on its low bid in the amount of $2l2,757.48, and that the Mayor be authorized to sign the necessary agreement. It is further recommended that Council make the following find- ings relative to Bid Schedule No. l608: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration approved by the Board of Administrative Review on January 30, l985. The Vote: Unanimous Ayes Transmission Agency of Northern California (TANC) - Approval of Payment of l985 Budget Assessments (E-l20-250) Electric Director recommends approval of the payment of an invoice in the amount of $38,400 as Redding's 6.4% share of the TANC l985 budget assessment. Set Public Hearing - GPA-l2-84 and PD-4-84 *(G-030-0l0 and L-0l0-2l0-275) Planning Director recommends that public hearings be set for 7:30 P.M., April l, l985, to consider General Plan Amendment GPA-l2-84, by MHD Associates and City of Redding, and Planned Development Application PD-4-84, by Springwater Development Co. Annexation Request No. 85-4 - Rancho Road (A-l50-l72) Planning Director recommends that Annexation Request No. 85-4, Rancho Road, be referred to the Board of Administrative Review for environmental review and to City departments for review and comment. Award of Bid - Rehabilitation of Enterprise Well No. 7 (B-050-020 and W-030-750-l00) Public Works Director recommends that Bid Schedule No. l6l3 (Job No. 9572), rehabilitation of Enterprise Well No. 7, be awarded to The Water Development Corporation on the lowest responsive bid in the amount of $32,580. Notice of Completion - Replacement of Curb, Gutter, and Sidewalk Throughout the City (B-050-020) Public Works Director recommends that Bid Schedule No. l606 (Job No. 9503), replacement of curb, gutter, and sidewalk throughout the City, be accepted as satisfactorily completed by Tullis & Associates, Inc., for the final contract price of $40,775.63, and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - Installation of Playground Equipment (B-050-020 and P-050-450) Public Works Director recommends that Bid Schedule No. l570 (Job No. 8665), installation of playground equipment, be accepted as satisfactorily completed by Superior Concrete for the final contract price of $28,655, and that the City Clerk be instructed to file a Notice of Completion. Resolution - re Intention to Abate Property at 2036 Railroad Avenue (A-030-070) City Attorney recommends that Resolution No. 85-47 be adopted, a resolution of the City Council of the City of Redding of inten- tion to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Bruce Ames, et al., and located at 2036 Railroad Avenue). Resolution - Ordering Abatement at 80l, 807, 8l5 and 825 Junior Avenue (A-030-070) City Attorney recommends that Resolution No. 85-48 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 80l, 807, 8l5, and 825 Junior Avenue (owned by James and Bonnie Holden). Resolution - Ordering Abatement at 2l38 Gold Street (A-030-070) City Attorney recommends that Resolution No. 85-49 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 2l38 Gold Street (owned by Roy K. Daniels, et al). Resolution - Ordering Abatement at 2l56 Butte Street (A-030-070) City Attorney recommends that Resolution No. 85-50 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of unsafe and unsightly building and debris on the property at 2l56 Butte Street (owned by Alma C. Smith). Resolution - Ordering Abatement at 2940, 2940A, 2944, and 2944B Leland Avenue (A-030-070) City Attorney recommends that Resolution No. 85-5l be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly buildings and debris on the property at 2940, 2940A, 2944, and 2944B Leland Avenue (owned by Wanda M. Allen). Resolution - Ordering Abatement at l40l College View Drive (A-030-070) City Attorney recommends that Resolution No. 85-52 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at l40l College View Drive (owned by Redding Highlands). Resolution - Ordering Abatement at ll52 Center Street (A-030-070) City Attorney recommends that Resolution No. 85-53 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at ll52 Center Street (owned by Theo and Gail Bui). Lease Agreement - Shasta County Chapter of the American Red Cross (C-070-l00 and C-050-l00-200) City Attorney recommends approval of a lease agreement with the Shasta County Chapter of the American Red Cross, for the use of the City building at 844 Parkview Avenue, commencing April l, l985, through March 3l, l986. Lease Agreement - Alton Chatham for Grazing Land on Eastside Road (C-070-l00) City Attorney recommends approval of a lease agreement with Alton Chatham for grazing land on Eastside Road, commencing March l, l985, through February 28, l986. Lease Agreement - North Valley Art League (C-070-l00 and C-050-500) City Attorney recommends approval of a lease agreement with the North Valley Art League for the Old City Hall Building, commenc- ing April l, l985, through March 3l, l986. Umpire Agreement - Redding Youth Baseball (B-l30-030-675) City Attorney recommends approval of agreement for umpire ser- vices for Redding Youth Baseball, commencing April l, l985, through March 3l, l986. Resolution - Supplement No. l to the NCPA Joint Powers Agreement (E-l20-400) City Attorney recommends adoption of Resolution No. 85-54, a resolution of the City Council of the City of Redding approving Supplement No. l to the NCPA Joint Powers Agreement and authoriz- ing the Mayor to sign the agreement. Resolution - re Destruction of Documents (A-050-055-750) City Clerk recommends adoption of Resolution No. 85-55, a resolu- tion of the City Council of the City of Redding authorizing the destruction of certain records. MOTION: Made by Council Member Demsher, seconded by Council Member Gard, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Resolution Numbers 85-47, 85-48, 85-49, 85-50, 85-5l, 85-52, 85-53, 85-54, and 85-55, are on file in the office of the City Clerk. WESTWOOD MANOR WATER ASSESSMENT DISTRICT NO. l982-9 (A-l70-l50-950) City Attorney Hays submitted the following documents for adoption: Resolution - Ordering Change of Proceedings Without Notice or Hearing MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 85-56 be adopted, a resolution of the City Council of the City of Redding ordering change of proceedings without notice of hearing for Westwood Manor Water Assessment District No. l982-9. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 85-56 is on file in the office of the City Clerk. APPOINTMENT TO AIRPORTS COMMISSION (B-080-0l0) Mayor Kirkpatrick recommended that Philip L. Putnam be appointed to the Airports Commission to serve the remainder of Ann Nicol's term. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving the appointment of Philip L. Putnam to the Airports Commission through May l, l987. The Vote: Unanimous Ayes APPOINTMENT TO REDDING REDEVELOPMENT AGENCY (B-080-370) Mayor Kirkpatrick recommended that Max Nye be appointed to serve on the Redding Redevelopment Agency for a four-year term ending January l, l989 to fill the vacancy created by Barbara Van Dyke. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving the appointment of Max Nye to the Redding Redevelop- ment Agency for a four-year term ending January l, l989. The Vote: Unanimous Ayes ORDINANCE - re C-6 Limited Service Commercial District (L-0l0-500-050) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the full reading of Ordinance No. l7l9 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Ordinance No. l7l9 be adopted, an ordinance of the City Council of the City of Redding adding Chapter l8.27 to the Redding Municipal Code, pertaining to "C-6" Limited Service Commercial Dis- trict. CABLE T.V. FRANCHISE (T-040-050) Planning and Community Development Director Perry reviewed his memo- randum to Council dated March l4, l985, which is incorporated herein by reference. He said that with the adoption of the new cable ordi- nance, it is now time to consider whether or not to refranchise. Mr. Perry outlined the options available to Council. He explained that the Cable T.V. Committee recommended that Council not renew Viacom's franchise; however, since that time Viacom has repaid, without inter- est, the $96,000 that had been in arrears and this year added two new premium channels. Mr. Perry pointed out, however, complaints have been received from people who have remote-control televisions that they are actually receiving two less basic service channels than before. Mr. Perry explained that Viacom has requested a one-year extension of the present franchise agreement. He indicated that an extension will be necessary to allow cable service to continue; however, staff suggests four to six months for a renewal or one year if requests for proposals will be sought. If an extension is approved, Mr. Perry suggested the following conditions be met: l. The franchise fee be raised to 5 percent. 2. All past due franchise fees be current and a full financial statement be submitted within one month. 3. The premium channel on Channel 2 be moved to Channel 3 or 6 and that KTVU be returned to Channel 2 within two months. Mr. Perry stated that since Viacom submitted a proposal in November l984, it is the recommendation of staff that they be afforded an opportunity to amend the proposal and file a complete application under Section 6.40.040(F) of the new cable ordinance. Mayor Kirkpatrick stressed that by removing channels from service that Viacom has reduced its service to a certain number of people. He therefore suggested that the three conditions as recommended by staff be included in a four-month extension and that staff work with Viacom to allow them to submit a modified proposal to meet with the City's existing ordinance. Council Member Gard emphasized that while the City is obligated to work with Viacom to the best of its ability, service to the public is still the number one priority. Council Member Demsher felt that the City needs to begin serious negotiations with Viacom and set down some conditions such as a time certain for the extension (possibly six months), and certain things being accomplished prior to an agreement which is satisfactory to the City and to Viacom. Failure to do so would result in the City adver- tising for another franchise operator. He emphasized that Viacom needs to meet the conditions of our ordinance. Ms. Gard suggested that the City ask for the financial statement and past due fees within 30 days or before any negotiations begin. She also suggested that the franchise fee be raised to 5% for the exten- sion period and that the channels be unscrambled that resulted from the new premium channels. Council Member Fulton concurred with the six month extension and that the three conditions should be made a part of that extension; however, he was not sure that they could have their financial report and past due fees ready within 30 days. Mayor Kirkpatrick noted that they have been informed that they are not in compliance and have had advance notice. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Viacom's franchise be extended for six months, on the condition that within 30 days all past and now due fees be paid to the City and that the financial statement is presented to the City in correct form within 30 days. At the time that those two items are presented to the City, staff can begin negotiations to renew the franchise. Viacom will conform to the extent possible to the new ordinance during the extension period and the franchise fee will be raised to 5% effective in April and that the premium channel on Channel 2 be moved to Channel 3 or 6 and that KTVU be returned to Channel 2 at the earliest possible time. Failure to comply with the 30 day conditions would result in the City advertising for other cable operators. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-l-85, by Mt. Lassen Machinery (G-030-0l0) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-l-85, by Mt. Lassen Machinery. 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 l5, l985 The City Clerk advised that one written protest has been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed the memorandum to Council dated March l5, l985. He stated that the Planning Commission has unanimously recommended that the property located at 3l00 South Street be classified to "Service Commer- cial" subject to a use agreement restricting any commercial use of the property to miniwarehouses and that the General Plan not be amended until a use agreement is signed. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Planning Commission that concep- tual approval be given to the request as outlined for one year, that the negative declaration be ratified and that staff abe directed to bring a resolution to Council for consideration after execution of a use agreement. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the following findings be made relative to General Plan Amendment Application GPA-l-85: l. 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 Planning Commission on February l2, l985. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that GPA-l-85, by Mt. Lassen Machinery, be approved in concept for a period of one year and that staff be directed to prepare a resolution for consideration after execution of a use agreement. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-2-85, by Donald Hampshire (G-030-0l0) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-2-85, by Donald Hampshire. 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 and Community Development Director Perry advised that since the setting of this public hearing, new information has been presented concerting the location of easements on the property, which may effect the applicant's development plan. He recommended that the public hearing be continued to 7:30 P.M., April l, to allow staff time to review possible changes in the project and proposed dedication to the City. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be continued to 7:30 P.M., April l, l985. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-5-84, by Gary Stokes (G-030-0l0) Mayor Kirkpatrick abstained from voting and discussion on this matter and the gavel was handed to Vice Mayor Gard. The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re General Plan Amendment Application GPA-5-84, by Gary Stokes. 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 l5, l985 The City Clerk advised that no written protests have been re- ceived and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated March l5, l985. He stated that the Planning Commission considered a request to amend the General Plan for property located at the northeast corner of Hartnell and Parkview Avenues and at 2643 and 266l Henderson Road. He pointed out that the Planning Commission focused only on the Hartnell Avenue property and did not separately address the Henderson Road property. Mr. Perry indicated that Mr. Stokes has asked for a continuance to April l, l985, since he is unable to attend this meeting due to a family illness. Mr. Perry recommended, if Council deter- mines to continue the matter, that the Henderson property be referred back to the Planning Commission to be considered sepa- rately. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that GPA-5-84 (Hartnell Avenue parcel), be con- tinued to 7:30 P.M., April l, l985, and that the Henderson Road parcel be referred back to the Planning Commission to be con- sidered separately. The Vote: Unanimous Ayes with Mayor Kirkpatrick abstaining PUBLIC HEARING - re Abandonment Application A-l4-84, by Jim Graves (A-0l0-040) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Abandonment Application A-l4-84, by Jim Graves. 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 l4, l985 The City Clerk advised that no written protests have been re- ceived and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated March l4, l985. He stated that the Planning Commission has recommended reduction in size of two public service easements in the Sunset West Subdivision. A map of the area was shown on the Vu Graph. Mr. Perry explained that these easements were erroneously recorded as 20 feet wide instead of l0 feet wide and they lie along the common property lines of 3778 and 378l Sunlight Court and 809 and 820 Sunkist Court. Mr. Perry stated that the end result of the abandonment will be a total easement width of 20 feet centered on the common property lines and is adequate for City purposes. It is recommended that a resolution be adopted approving the abandonment. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-57 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of four easements in the Sunset West Subdivision (A-l4-84), and ratifying the negative declaration. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 85-57 is on file in the office of the City Clerk. SURPLUS LAND - Benton Airpark (C-070-200 and A-090-020) Planning and Community Development Director Perry reviewed his memo- randum to Council dated March l4, l985, which is incorporated herein by reference. He explained that the City has been approached by various agencies and individuals about purchasing or trading for City-owned property on the east side of Benton Airpark and over the last several years, the requests have come from the California Highway Patrol, Catholic Church, KIXE Television, Tri Counties Bank, Claremont Heights Inc., Dr. Miley, etc. A map was shown on the Vu Graph depict- ing the land east of Airpark Drive being reviewed as possible surplus land. Mr. Perry stated that the Airports Commission has recommended that this area be classified as surplus land with the exception of Lots 9, l0, ll, and llA, which they felt should be reserved for a possible fly-in motel/restaurant and to protect the operation of Benton Airpark. He reviewed staff's reelings concerning airport safety, noise impacts, land-use compatibility, roads, the City landfill, and airport security and taxiway access. It is the opinion of staff that, with the exception of Lot llA, these properties are not needed for any function of the City of Redding or the Airport and could be sold, leased, or traded. Mr. Perry advised that the Planning Commission found that the intended uses are in conformance with the General Plan and recommended that Council desig- nate these parcels as surplus property, subject to certain stipu- lations. He said the Planning Commission has also initiated a rezon- ing to zone the area in conformance with the General Plan. It is recommended that the negative declaration be ratified and that the area be declared surplus, subject to the following: l. Area to be rezoned. 2. The portions of Lots ll and llA are to be retained for landfill and road purposes. 3. Lot l is to be retained for road and waterline purposes. 4. Tract restrictions are to be prepared to achieve site and build- ing design comparable to Claremont Heights doctors' complex. 5. Residential uses with "Light Industrial" or "Office" areas are to be prohibited by deed restrictions. 6. Steep-slope areas and draws are to be placed in open-space easements. 7. Proper street right-of-way of Octavia is to be part of a separate proceeding. 8. Taxiway access to Benton Airpark from Lot ll is to be prohibited. 9. Public-service easements are to be retained as necessary. l0. The Airport/Land Use Safety Compatibility Criteria are to be used as a guide for project approval. ll. Retention of noise and air easements and establishment of minimum interior noise standards as established by deed restrictions. l2. Remaining street improvements to be installed at the time of development. l3. The nonlandfill portion of Lot llA is to be retained for Air- port-related uses. Dr. Carrick, l5l5 Nancy Court, a member of the Airports Commission, contended that Mr. Perry misstated the Airports Commission's recommen- dation with regard to the restaurant and road alignments. He stated that no recommendation was made to the Planning Commission regarding a motel/restaurant. Dr. Carrick said the Airports Commission's main concern with retaining lots ll and llA was to protect the integrity of the airport at the south end, and lots 9 and l0 were included to protect lots ll and llA. He said the Commission was given two days notice to make a recommendation on the property and they were not informed at the time that there was a possible property exchange involved. Dr. Carrick emphasized that the property at Benton is very valuable and should be given a lot of thought. Mayor Kirkpatrick noted that a letter was received from Hank Woodrum, former Airports Director for the City of Redding, and he also wishes to speak to Council. Elizabeth Reginato, 672 State Street, Chairperson of the Airports Commission and member of the Airports Commission for 25 years, said this is the first time she has ever come before Council to object on any matter. She emphasized that the land surrounding Benton Airpark is very valuable and was acquired by vote of the Citizens of Redding. She concurred that some of the land could be surplus but 9, l0, ll, and llA should not be disposed of by the City, especially since a study is being conducted to see what might lie in the future for Municipal Airport and Benton Airpark. Dr. Blodget, 2l70 Olive, said he is interested in Parcel 20 which is adjacent to his house. He stated that he asked the City to retain 20 feet for driveway purposes and said he has an encroachment permit and first right of refusal to purchase it. Dr. Blodget indicated that he would provide the necessary documents to staff. Hank Woodrum, 200 Wilshire Drive, said his feeling is that the City Should retain lots ll and llA because once they are sold, the City loses complete control of the airport. He emphasized that many people have expressed to him how important that property is for future airport development. Vi Klaseen, 595 Mary Street, said she has purchased the lot next to Lot 20 and intends to build on it. She said the number of paths that are there indicate that it is a common hike-through area and there should be some type of access from the corner of Olive and Oakridge to make the green area more usable. Mrs. Klaseen said that the many school children should have some type of path access. Dorene Medina, ll56 Lake Blvd., member of the Airports Commission, said her main concern is the protection of Benton Airpark. She Said many times airports are closed because of surrounding problems and the retention of Lots 9, l0, and especially ll, and llA, are for the protection of the future of the airport. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Lot ll and llA as shown on Exhibit A, not be declared surplus. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Lots 9 and l0, also be retained and not be declared surplus. Voting was as follows: Ayes: Council Members - Fulton Noes: Council Members - Demsher, Gard, and Kirkpatrick Absent: Council Members - Pugh This motion failed for lack of a majority. Council Member Gard noted that it may be dangerous to increase the size of the airport because of the surrounding residential areas. Liz Reginato commented that there has been a lot of discussion about a hotel/restaurant but it was only one idea and possibly the land should be kept for uses other than a hotel/restaurant. Council Member Demsher felt that the development of Benton Airpark needs some careful consideration because of the heavy development of residential property surrounding it. He said when we begin talking about motels and other airport-related facilities, these are things that would generate more air traffic. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that all other properties (excluding Lots ll and llA) as depicted on Exhibit A, be declared surplus property according to the conditions as listed above, including tract restrictions. The Vote: Unanimous Ayes SURPLUS LAND - Cascade Well Site No. 4 (C-070-200 and W-030-750-050) Planning and Community Development Director Perry reviewed his memo- randum to Council dated March l4, l985. He stated that the Planning Commission has recommended that City Cascade Well Site No. 4, located east of Eastside Road and north of the Regional Sewer Treatment Plant, is not needed for any function of the City of Redding and that sale, lease, or exchange of the property for industrial purposes is consis- tent with the Redding General Plan and should be declared surplus. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Cascade Well Site No. 4 be declared surplus property. The Vote: Unanimous Ayes PROPOSED LAND EXCHANGE - Tri Counties Bank (C-070-0l0, C-070-200 and A-090-020) Planning and Community Development Director Perry reviewed his memo- randum to Council dated March l5, l985, which is incorporated herein by reference. He stated that Brent Owen, on behalf of Tri Counties Bank, has inquired if the City would be interested in exchanging City land adjacent to Benton Airpark for a l00-acre parcel on the Sacramento River north of Latona Road. Mr. Perry said the property is outside the City limits and is classified "Industrial." Mr.Perry said the City land proposed to be obtained in exchange is the land along the south side of Rosaline Avenue between Claremont Doctor's Park and Benton Airpark and consists of 8.l8 acres, of which 6.25 is less than 20-percent slope (Parcels 2 through l0 on the surplus property map and portions of Lots l, ll, and llA.) As part of the exchange, Tri Counties Bank would also extend water and sewer on the Benton Airpark property to serve both the property desired by Tri Counties and a portion of the remaining City property. Mr. Perry reviewed the potential uses of the property along the River and some of the issues that are relevant to the site. He advised that the Redding Planning Commission and the County Planning Commission found that the acquisition is consistent with the General Plan. It is the recommendation of staff that Council approve the exchange in concept subject to the comments noted in the memo from the City Attorney dated February 26, l985, and completing the requirements of establishing the property on Rosaline as surplus. Mr. Perry noted that because of Council's previous action to exclude Lots ll and llA from the surplus property, this offer would now include only Lots 2 through l0. He said it is possible that Council could include a parcel on the other side of Rosaline to replace Lot ll. In response to an inquiry from Council Member Gard, Mr. Perry advised that at present, the river property does not flood, however, he noted that it is in the flood plain. Ms. Gard noted that at one time the Turtle Bay property probably looked like this property. Council Member Demsher pointed out that the Tri Counties property consists of a substantial amount of river front property. He said there is also a potential income from the mining of the gravel. Council Member Fulton said he has some concerns about the river property and does not feel it is an equitable exchange. MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving in concept, the exchange of property as proposed by Tri Counties Bank, subject to the comments made by the City Attorney dated February 26, l985, and completing the requirements of establish- ing the property on Rosaline as surplus. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - Pugh PROPERTY ACQUISITION - Kenyon Drive (C-070-0l0) Council Member Gard abstained from voting on this matter. Planning and Community Development Director Perry reviewed his memo- randum to Council dated March l4, l985, which is incorporated herein by reference. He advised that the City has received an offer of sale of l06 acres located one-quarter mile east of the west end of Kenyon Drive in southwest Redding. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. Mr. Perry stated that the site is suitable for several public uses and has been discussed in the past in conjunction with a sanitary landfill and a buffer area for a proposed public firing range to the east. He said the site is also suitable for a fire-training center according to several fire-prevention agencies in Shasta County and the Redding Fire Department. Mr. Perry indicated that the Planning Commission ordered preparation of a negative declaration and found acquisition of the site for a fire-training center consistent with the General Plan. He said acquisition is also supported by policies in the Open Space and Conservation Element which discouraged urban development within steep slope and floodway areas. It is the recommendation of staff that the City acquire the parcel, that the negative declaration be ratified and that the City Attorney be instructed to acquire the property for the appraised value of $l06,000. A supplemental budget appropriation will be necessary at a later date. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Council make the following findings relative to the acquisition of property on Kenyon Drive: l. 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 Planning Commission on February 26, l985. The Vote: Unanimous Ayes with Council Member Gard abstaining MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving the acquisition of the above described parcel and that the City Attorney be instructed to acquire the property for the appraised value of $l06,000. The Vote: Unanimous Ayes with Council Member Gard abstaining INDUSTRIAL PROMOTION AGREEMENT - Jack Schreder (B-l30-030) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving an agreement between the City of Redding and Shasta County to jointly fund the industrial recruitment work of Jack Schreder, which essentially transfers $7,500 from the County to the City, and authorizing the Mayor to sign the agreement. The Vote: Unanimous Ayes PROPOSED FLOOD PLAIN ZONING (L-0l0-050) Planning and Community Development Director Perry submitted a memo recently submitted to the Planning Commission dealing with flood-plain district for the City pursuant to the letter from the Federal Emer- gency Management Agency. He noted that the City has until June 7, l985, to adopt flood-plain regulations. This was an information item and no action was taken. ORDINANCE - re Vehicles for Hire (G-l00-500 and C-ll0-l00) City Attorney Hays advised that at the last Council Meeting, the topic of the advanced payment of round trip taxi rides from outside the City of Redding was discussed and resolved. He submitted an ordinance designed to put into the Municipal Code language which makes clear that such trips do not constitute doing business within the City limits of Redding. Mr. Hays recommended that the ordinance be intro- duced at this time. Council Member Demsher offered Ordinance No. l720 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 6.32, pertaining to vehicles for hire. AMICUS BRIEF IN RENTON vs. PLAYTIME THEATERS (C-090-l00) City Attorney Hays stated that during discussions regarding Watson v. City of Redding, it was pointed out that the District Court's stated bench opinion was based upon the Ninth Circuit Court of Appeal's decision in the Renton v. Playtime Theaters case. The City of Redding is being asked to lend its name to the brief which is to be filed with the United States Supreme Court in the very near future. It is the recommendation of the City Attorney that Council instruct the City Attorney to advise counsel for Renton that the City of Redding would like to be added to the brief. MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving the recommendation of the City Attorney as stated above. The Vote: Unanimous Ayes SUMMONS AND COMPLAINTS (C-090-l00) City Attorney Hays advised that the following Summons and Complaint has been received: Mona Peak by Attorney John Nagel vs. City of Redding et al No action was required on this matter. SETTLEMENT OF CLAIMS: C-090-050) City Attorney Hays advised that the following claim has been settled by the City Insurance Carrier: Randel Byers by Attorney Edward Mann - Claim for Personal Injury filed 4/9/84 Settled in the amount of $5,500 No action was required on this matter. ROUTINE REPORTS AND COMMUNICATIONS Controller of the State of California (S-050-l20) Notice of Revenues for Fiscal Year Ending 6/30/85 Reduction of Fire Hazard in Green Belt Areas (P-l50-070) ADJOURNMENT There being no further business, at the hour of 8:42 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ___________________________________ Mayor ATTEST: __________________________________ City Clerk