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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-08-05 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California August 5, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by Public Works Director Arness. The invocation was offered by Pastor Marvin Barbee of the Palo Cedro Assembly of God. The meeting was called to order by Mayor Kirkpatrick with the follow- ing Council Members present: Demsher, Fulton, Gard, Pugh, and Kirkpatrick. Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Director of Electric Utility Lindley, Engineer- ing Manager Russell, Recreation and Parks Director Riley, Director of General Services Masingale, Assistant City Engineer Lang, Associate Civil Engineer Hastings, Senior Planner Keaney, Director of Personnel Services Bristow, Director of Data Processing Kelley, Housing Admini- strator Maurer, Senior Associate Planner King, Airports Director Homan, Accountant Manager Sundin, Senior Assistant Planner Hanson, City Clerk Nichols, and Secretary to the City Council Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of July l5, l985 Special Meeting of July 29, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. 02, check nos. l06848 through l07429 inclusive, in the amount of $3,439,257.61, be approved and paid; and, Payroll Register No. 0l, check nos. 2l0275 through 2l0975 inclusive, in the amount of $565,834.26, for the period June 30, l985, through July l3, l985, be approved; and Payroll Register No. 02, check nos. 2l0976 through 2ll662 inclusive, in the amount of $570,986.61, for the period July l4, l985 through July 27, l985, be approved. TOTAL: $4,576,078.48 Claims for Damage and Personal Injury - lst Hearing Julio and Arthur Brincat - Claim for Personal Injury filed 7/24/85 Recommend denial (C-090-050) Juanita Santana for son Joseph - Claim for Damages filed 7/ll/85 Recommend denial (C-090-020) Tim Anstine - Claim for Damages filed 7/l8/85 Recommend payment in the amount of $200 (C-090-020) City-owned Property - l050 Parkview Avenue (C-070-l00) It is the recommendation of the City Manager that the parcel located at l050 Parkview Avenue, which was previously leased by the California Division of Forestry, be utilized by the Redding Fire Department and by the Redding Recreation and Parks Department. It is the staff recommendation to utilize the administration building for the Fire Department headquarters to include management administra- tion, fire prevention, and other administrative functions presently being performed at Fire Station l and Fire Station 5. It is also recommended that the buildings now being used as a barracks, mess hall and recreation room be used by the Redding Recreation and Parks Department for the conduct of recreation programs. It is anticipated that some of this property can be converted to provide additional parking which is now needed for the baseball programs. Award of Bid - One (l) Police Motorcycle (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l648, one (l) police motorcycle, be awarded to Lee's Honda Kawasaki, in the amount of $7,370.92, sales tax included. Award of Bid - l5 KV URD Conductor (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l665, l5 KV URD conductor, be awarded to General Electric Supply Company, in the amount of $3l,033.62, sales tax included. Award of Bid - Aluminum Light Standards (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l666, aluminum light standards, be awarded to Shasta Wholesale Elec- tric, in the amount of $22,005.60, sales tax included. Award of Bid - Three Phase Pad Type Distribution Switches (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l669, three phase pad type distribution switches, be awarded to S & C Electric Company, in the amount of $58,l66.44, sales tax included. Award of Bid - Seven ll5 KV Capacitor Voltage Transformers (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l670, seven (7) ll5 KV capacitor voltage transformers, be awarded to Trench Electric, in the amount of $24,539, sales tax included. Resolution - re Contract for Professional Services for North Loop Transmission Line (E-090-l60-2l0) It is the recommendation of the Electric Director that Resolution No. 85-l47 be adopted, a resolution of the City Council of the City of Redding approving the contract between the City of Redding and Power Engineers, Inc. for engineering services for the North Loop Trans- mission Line project, and authorizing the mayor to sign same. Award of Bid - Installation of a Second ll5/l2.47 KV Transformer at Sulphur Creek Substation (B-050-020 and E-090-l40-725) It is the recommendation of the Electric Director and the Director of Public Works that Bid Schedule No. l66l, contract to install a second ll5/l2.47 KV transformer at Sulphur Creek Substation, be awarded to Northern Industrial Electric, in the amount of $370,625, and that the Mayor be authorized to sign the Agreement. Resolution - re Application to Appropriate Water for North Fork American River Project (E-l20-070-030) It is the recommendation of the Electric Director that Resolution No. 85-l48 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign an application to appro- priate unappropriated water for the North Fork American River Project. Resolution - Setting Public Hearing re Abandonment Application A-7-85, by Emmett Burroughs (A-0l0-040) It is the recommendation of the Planning Director that Resolution No. 85-l49 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon an open space and public service easement across the properties located at 853 and 88l Sunkist Court (A-7-85), and setting the public hearing for 7:00 P.M., September 3, l985. Resolution - re State Deferred Loan Program Amendment (G-l00-200) It is the recommendation of the Planning Director that Resolution No. 85-l50 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of Amendment No. l to Standard Agreement No. 80-HRL-l8 of the Deferred Payment Rehabilitation Loan Program of the State of California. Set Public Hearing - re Issuance of Mortgage Revenue Bonds (H-l50-300) It is the recommendation of the Planning Director that a public hearing be set to consider the issuance of mortgage revenue bonds, for 7:00 P.M., August l9, l985. Resolution - Amending Schedule of Salaries for Officers and Exempt Employees (P-l00-320) It is the recommendation of the Director of Personnel Services that Resolution No. 85-l5l be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 85-l3l pertaining to Deputy City Attorney position. Resolution - re Fuel Flowage Fee Increase at Redding Municipal Airport and Benton Airpark (A-090-l00 and A-090-020) It is the recommendation of the Airports Director that Resolution No. 85-l52 be adopted, a resolution of the City Council of the City of Redding approving increased fuel flowage fees at Redding Municipal Airport and Benton Airpark. Resolution - re Hangar and Tie-Down Rental Fee Increases at Redding Municipal Airport (A-090-l00) It is the recommendation of the Airports Director that Resolution No. 85-l53 be adopted, a resolution of the City Council of the City of Redding approving increased hangar rental fees and tie down fees at Redding Municipal Airport and Benton Airpark. Notice of Completion - Construction of Airport/Rancho Road Trans- mission Water Line (B-050-020 and W-030-725) It is the recommendation of the Public Works Director that Bid Sched- ule No. l547, Airport/Rancho Road Transmission Water Line (EDA Project No. 07-2l-02730, Job No. 9349), be accepted as satisfactorily com-pleted by West Valley Construction Co., Inc., for the final contract price of $942,684.24. Notice of Completion - 6-Inch Water Line Replacement, Redwood Boule- vard to Twin View Boulevard (B-050-020 and W-030-725) It is the recommendation of the Public Works Director that Bid Sched- ule No. l654 (Job No. 9575), be accepted as satisfactorily completed by Russ Howington, for the final contract price of $9,940. Notice of Completion - Landfill/Gun Club Access Road Improvements (B-050-020 and S-070-l00) It is the recommendation of the Public Works Director that Bid Sched- ule No. l67l (Job No. 9358), be accepted as satisfactorily completed by Russ Howington, for the final contract price of $20,395.60. Award of Bid - Construction of Erosion Control in Churn Creek (B-050-l00 and S-070-300-080) It is the recommendation of the Public Works Director that Bid Sched- ule No. l672 (Job No. 9598), construction of erosion control in Churn Creek, be awarded to Eddie Stone & Sons in the amount of $9,940. It is further recommended that Council make the following findings re Bid Schedule No. l672: 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, ratify the Negative Declaration approved by the Board of Adminis- trative Review on July l0, l985. Extension of Subdivision Agreement - Churn Creek Meadows Subdivision, Unit No. 5 (S-l00-088) It is the recommendation of the Public Works Director that the Subdi- vision Agreement for Churn Creek Meadows Subdivision, Unit No. 5, located north of Churn Creek Road and west of Victor Avenue, be extended to November l, l985, to allow completion of all work. Acceptance of Final Map - Quail Ridge Subdivision, Unit IIA (S-l00-607) It is the recommendation of the Public Works Director that Council approve the final map for Quail Ridge Subdivision, Unit No. IIA, authorize the Mayor to sign the Subdivision Agreement, and instruct the City Clerk to file the map with the Shasta County Recorder. Resolution - re Acceptance of Permit from U.S. Government re Sandpointe Development (S-l00-685) It is the recommendation of the Public Works Director that Resolution No. 85-l54 be adopted a resolution of the City Council of the City of Redding approving the permit between the City of Redding and the United States Department of the Interior for encroachment upon Cow Creek Unit Main Aqueduct Station l7 + 30 and Station 2 + 58. Proposed Assessment District - Chestnut/Willis Alley Between Butte and Placer Streets (A-070-0l0) The Public Works Director advised that on July 6, l985, the City received another informal petition from three property owners for the improvement of the subject alley. He advised that the estimate in l978 was $30,000, which was unacceptable to the property owners, and is now $48,000. It is the recommendation of the Public Works Director that the inter- ested property owners be notified of this increase in cost and that they generate more interest on an informal basis prior to the City doing any more work on the formation of this proposed district. Resolution - re Program Supplement No. l3 to Local Agency-State Agreement Covering Funding of ACID Canal Bridge on Hospital Lane (G-l00-070-l00 and S-070-050) It is the recommendation of the Public Works Director that Resolution No. 85-l55 be adopted, a resolution of the City Council of the City of Redding approving Supplement No. l3 to Agreement No. 2-5068 of the Program of Local Agency Federal Aid Urban System Projects, and author- izing the Mayor to sign the agreement covering funding of ACID Canal Bridge No. 6C-24l on Hospital Lane. Resolution - re Program Supplement No. l4 to Local Agency-State Agreement Covering Funding of Court and Placer Traffic Signals (G-l00-070-l00 and T-080-700) It is the recommendation of the Public Works Director that Resolution No. 85-l56 be adopted, a resolution of the City Council of the City of Redding approving Supplement No. l4 to Agreement No. 2-5068 of the Program of Local Agency Federal Aid Urban System Projects, and author- izing the Mayor to sign the agreement covering funding of Court and Placer Traffic Signals Project. Resolution - re Program Supplement No. l5 to Local Agency-State Agreement Covering Funding of Girvan Road Traffic Signal (G-l00-070-l00 and T-080-700) It is the recommendation of the Public Works Director that Resolution No. 85-l57 be adopted, a resolution of the City Council of the City of Redding approving Supplement No. l5 to Agreement No. 2-5068 of the Program of Local Agency Federal Aid Urban System Projects, and author- izing the Mayor to sign the agreement covering funding of Girvan Road in the City of Redding. Resolution - re Intention to Commence Abatement Proceedings at l4l5, l45l, and l477 Mishka Court (A-030-070) It is the recommendation of the City Attorney that Resolution No. 85-l58 be adopted, a resolution of the City Council of the City of Redding of intention 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 California Capital Loans, Inc. and located at l4l5, l45l, and l477 Mishka Court). Resolution - re Intention to Commence Abatement Proceedings at ll36 Center Street (A-030-070) Resolution No. 85-l59 was not submitted for action because of notice that the building has been demolished. Resolution - re Intention to Commence Abatement Proceedings at l933 Market Street (A-030-070) It is the recommendation of the City Attorney that Resolution No. 85-l60 be adopted, a resolution of the City Council of the City of Redding of intention 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 Northern California Financial Service Corporation and located at l933 Market Street). Lease Agreement - WestAir for Space Rental (A-090-l00-950) It is the recommendation of the City Attorney that Council approve a lease agreement with WestAir Commuter Airlines for their operations at the Redding Municipal Airport, commencing September l, l985, and terminating August 3l, l987. Maintenance Agreement - with Servicemaster for City-owned Buildings (A-070-020) It is the recommendation of the City Attorney that Council approve a maintenance agreement with Servicemaster Building Maintenance for janitorial services at several City buildings, commencing September l, l985, and terminating on August 3l, l986, in the amount of $l,532 per month. - - - - MOTION: Made by Council Member Demsher, seconded by Council Member Pugh, 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, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution Numbers 85-l47, 85-l48, 85-l49, 85-l50, 85-l5l, 85-l52, 85-l53, 85-l54, 85-l55, 85-l56, 85-l57, 85-l58, and 85-l60, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request to Sell Beer and Wine - Asphalt Cowboys (A-ll0-l00) A letter was received from the Asphalt Cowboys requesting permission to sell beer and wine during their annual barbeque in Lake Redding Park, September 8, l985, and to conduct their second annual auction. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving the request of the Asphalt Cowboys, as stated above. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None Petition from Residents Near Kisling Road - re Dust Problems (E-090-l40-050) A petition was submitted from residents near Kisling Road, asking that Kisling Road and Devere Lane be chipsealed due to the dust problems related to the construction of the electric substation at the west end of Sylvia Lane. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the request be referred to full staff and that consideration be given to using an alternative route to access the substation. The Vote: Unanimous Ayes LAKE KESWICK SEWER ASSESSMENT DISTRICT NO. l982-6 (A-l70-l00-330) The following documents were submitted for filing adoption by Special Bond Counsel Sperry: Resolution - Amending Resolution of Intention MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-l6l be adopted, a resolution of the City Council of the City of Redding amending Resolution of Intention No. 84-l2l to provide for alternative method of collection in Lake Keswick Sewer Assessment District No. l982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l6l is on file in the office of the City Clerk. Resolution - Ordering Change of Proceedings MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-l62 be adopted, a resolution of the City Council of the City of Redding ordering change of proceedings to reduce assessments without notice or hearing for Lake Keswick Sewer Assessment District No. l982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l62 is on file in the office of the City Clerk. Resolution - Authorizing Issuance of Bonds MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-l63 be adopted, a resolution of the City Council of the City of Redding authorizing the issuance of Series B Bonds for Lake Keswick Sewer Assessment District No. l982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l63 is on file in the office of the City Clerk. Offer - from Municicorp Resolution - Ordering Sale of Bonds MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-l64 be adopted, a resolution of the City Council of the City of Redding ordering the sale of Series B Bonds to Municicorp of California. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l64 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-8-85, by Donald Hampshire (L-0l0-230) MOTION: Made by Council Member Gard, seconded by Council Member Demsher that full reading of Ordinance No. l737 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Ordinance No. l737 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-8-85). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. l737 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-l4-85, by City of Redding (L-0l0-230) MOTION: Made by Council Member Gard, seconded by Council Member Demsher that full reading of Ordinance No. l738 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Ordinance No. l738 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-l4-85). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. l738 is on file in the office of the City Clerk. ORDINANCE - Planned Development Application PD-l-85, Meadow Wood Estates Phase IV (L-0l0-2l0-465) MOTION: Made by Council Member Gard, seconded by Council Member Demsher that full reading of Ordinance No. l739 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. l739 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-l-85). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. l739 is on file in the office of the City Clerk. BUDGET STUDY SESSIONS (B-l30-070) MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that a budget study session be scheduled for 4:00 P.M., August l5, l985, in the City Hall Conference Room. The Vote: Unanimous Ayes APPEAL OF DENIAL OF AMENDMENT REQUEST - Tentative Subdivision Map S-ll-84, Quail Ridge Units 2 - ll (S-l00-607) Mayor Kirkpatrick abstained from voting and discussion on this matter and the Vice Mayor presided. Senior Planner Keaney advised that another request for continuance has been received from the applicant that the appeal of the Planning Commission's denial of an amendment request to Tentative Subdivision Map S-ll-84, Quail Ridge Units 2 through ll. Mr. Keaney stated that the applicant has indicated that he would like to discuss a possible compromise with the Planning Director. He suggested that the decision be continued to the meeting of September 3, l985. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the appeal of the denial of an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge Units 2 through ll, be continued to September 3, l985. The Vote: Unanimous Ayes with Mayor Kirkpatrick abstaining ACCEPTANCE OF FINAL MAP - Benton Airpark (C-070-200 and A-090-020) Senior Planner Keaney reviewed his memorandum to Council dated July 30, l985. He explained that on March l8, l985, Council declared approximately 32 acres near Benton Airpark as surplus land and approved a conceptual lot and street design. A two-parcel lot split had previously been recorded on a portion of the 32 acres to complete a land trade with Tri-Counties Bank. Mr. Keaney added that a final subdivision map has been prepared by staff to divide the property into eight additional parcels in order to sell or otherwise dispose of the property. MOTION: Made by Council Member Gard, seconded by Council Member Pugh approving the final map for surplus land at Benton Airpark, and instructing the City Clerk to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 85-9 - Fig Tree Lane (A-l50-l77) Senior Planner Keaney reviewed his memorandum to Council dated July 3l, l985. He explained that this annexation request consists of three parcels of City-owned land along Fig Tree Lane, and includes one privately-owned parcel. It is the recommendation of staff that the annexation be referred to the Board of Administrative Review for environmental review and to City departments for review and comment. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Annexation Request No. 85-9, Fig Tree Lane, be referred to the Board of Administrative Review for environmental review and to City departments for review and comment. The Vote: Unanimous Ayes RESOLUTION - re Project Self-Sufficiency Grant Application (G-l00-l65) Housing Administrator Maurer presented a report to Council concerning Project Self-Sufficiency, which is incorporated herein by reference. She explained that the City was selected to participate in this program to encourage local government to develop and implement pro- grams to enable unemployed or underemployed, very-low income single parents with young children to become economically self-sufficient. It is the recommendation of staff that Council adopt a resolution authorizing the City Manager to submit an application request to participate in the second round of Project Self-Sufficiency. Council Member Gard complimented the Housing staff for their success in obtaining this pilot program for the City of Redding. She empha- sized that this is an area of tremendous need and hopes that the City can qualify for the second round of the program. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Resolution No. 85-l65 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to submit application to the United States Department of Housing and Urban Development for continued participation in Project Self-Sufficiency. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l65 is on file in the office of the City Clerk. ENVIRONMENTAL CLEARANCE - Public Firing Range (F-200-200-040) Senior Planner Keaney advised that the Planning Commission has cer- tified the environmental impact report (EIR-l-85) as adequate for a proposed firing range to be located in southwest Redding. He also advised that, on August 27, l985, the Planning Commission will make a recommendation to Council on the project together with any recommended performance standards, lease restrictions, project modifications, and operating agreements. This was an information item and no action was required. SACRAMENTO RIVER TRAIL - Request to Bureau of Reclamation for Easement and Salvage Rights and Initiate Annexation (P-050-460-700 and F-200-200-050) Senior Planner Keaney reviewed his memorandum to Council dated August l, l985, which is incorporated herein by reference. He advised that staff has been notified of Southern Pacific's intent to abandon the existing tracks between Redding and Kennett. Once abandoned, Mr. Keaney stated that the City could obtain an easement from the Bureau of Reclamation and construct the Sacramento River Trail on the rail bed for the entire distance from Diestelhorst Bridge to Keswick Dam Road. Mr. Keaney reviewed the benefits of utilizing the rail bed that would justify the resultant delays in construction. He stated that staff has approached the Bureau about utilizing the revenue from selling the track salvage rights for construction of the trail (as much as $70,000). Local Bureau of Reclamation officials have requested that the City make an official request for both an easement over the rail bed from Redding to Keswick Dam, and to utilize the salvage revenue for construction of the trail. Mr. Keaney explained that this would also require that the City obtain permission from the State Department of Parks to relocate the trail from Middle Creek Road to the rail bed. Mr. Keaney pointed out that Phases III, V, and VI are outside the City limits and should be annexed for purposes of maintenance and police and fire response. He submitted a map illustrating a potential annexation boundary. It is the recommendation of staff that Council approve the use of the rail bed in concept and direct staff to negotiate with the Bureau of Reclamation as outlined. It is further recommended that staff be directed to proceed with annexation as outlined. In response to an inquiry from Council Member Fulton, Mr. Keaney advised that this transaction would not involve any money on the part of the City. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh approving the use of the rail bed in concept and directing staff to negotiate with the Bureau of Reclamation as outlined in the staff memo dated August l, l985; and, that staff also be directed to proceed with annexation as outlined. The Vote: Unanimous Ayes LANDMARK AND HERITAGE TREE LIST (A-050-220-075) Recreation and Parks Director Riley advised that pursuant to City Code l3.40.0l0, under the Comprehensive Tree Plan, the Parks and Recreation Commission is responsible for establishing the Landmark and Heritage Tree Plan. He said the Commission has met to discuss the first list of these trees known to be in the community and has made a recommenda- tion to Council for approval. Council Member Pugh emphasized the importance of the property owners or potential owners knowing that their trees have been designated as landmark trees and the ramifications of having those trees on ones property. In response to an inquiry from Ms. Gard, Mr. Riley advised that marking these trees in some way is something that could be considered. Council Member Demsher commended the list and felt it should be expanded in the future. He shares the City Attorney's concerns about trees that become sacred and felt that they should be considered one at a time. MOTION: Made by Council Member Demsher, seconded by Council Member Gard approving the Landmark and Heritage Tree List as recommended by the Recreation and Parks Commission. The Vote: Unanimous Ayes REPORT ON NIGHT LIGHTING - Redding Softball Park (P-050-600-200) Recreation and Parks Director Riley advised that he was asked to research the availability of an engineering firm who would be knowl- edgeable about night-lighted sports facilities for the purpose of evaluating the lights at the Redding Softball Park. He said a Sacramento firm, Associated Lighting Representatives, Inc. was re- quested to personally evaluate the residence of Rufus Knapp, 3425 Hillcrest Street. Associated Lighting has recommended that concentric glare rings be installed on the fixtures that are aimed in the southwesterly direc- tion, as an attempt to reduce the glare towards Mr. Knapp's property. They indicated that other options would involve relocating poles, using taller poles, and more luminaires, which would be very expen-sive, or simply lowering the level of illumination to sub-- standard quality. Mr. Riley advised that the recommended concentric glare rings have been ordered and should arrive the week of August 5. PUBLIC HEARING - re General Plan Amendment Application GPA-7-85, by Bonnyview Meadows Investors (G-030-0l0) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-7-85, by Bonnyview Meadows Investors. 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 July 3l, l985 Senior Planner Keaney reviewed his memorandum to Council dated July 3l, l985. He stated that the Planning Commission has recommended denial of GPA-7-85 to amend the General Plan from "Residential, 3.0 units per acre" and "2.0 units per acre" to "Residential, 4.0 units per acre" on 3l.46 acres located north and east of Creekside Drive and west of Reflection Street. A map of the area was shown on the Vu Graph and council was given a copy of the draft negative declaration. In the opinion of the Commission and staff, the amendment request is not consistent with the character of surrounding development. Mr. Keaney stated that, when the Bonnyview Meadows East Subdivision was reviewed, it was determined that l5.9 acres of the property was subject to flooding, which left 45.5 acres of developable land. When considering the 45.5 acres of developable land, the approved subdivi- sion already allows 3.0 units per acre, and permitting an additional 20 lots would result in a density of 3.4 units per acre. It is the recommendation of both the Commission and staff that GPA-7-85 be denied. Paul Jones, l730 South Street, engineer for the applicant, stated that even more of the property was subject to flooding before this develop- ment was built. He noted that a flood control dike was installed in l979 when the first 40 lots were developed. Mr. Jones said they feel the request still meets the intent of the General Plan and Council should not ignore the large park that was dedicated to the City. John Varga, 3l8l Lakewood, said the lots are small enough and asked that the amendment be denied. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Gard emphasized that the three units per acre was a tremendous up-zoning during the Cascade Area Plan hearings. She pointed out that the developer was aware that without the dike, the property could not have been developed. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that General Plan Amendment Application GPA-7-85, by Bonnyview Meadows Investors, be denied. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Abandonment Application A-6-85, by City of Redding (A-0l0-l00) The hour of 7:00 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Abandonment Application A-6-85, by City of Redding. 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 July 3l, l985 Senior Planner Keaney reviewed his memorandum to Council dated July 3l, l985. He stated that the Planning Commission has recommended the abandonment of surplus Canby Road right-of-way south of Dana Drive and north of State Highway 44, and surplus Dana Drive right-of-way east and west of the Churn Creek Road Overpass and north of State Highway 44. A map of the proposed abandonment was shown on the Vu Graph and a copy of the draft negative declaration was submitted to Council. It is the recommendation of the Planning Commission and staff that Council adopt a resolution to abandon the right-of-ways, subject to the City retaining easements on all sewer, water, and electric util- ities. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Resolution No. 85-l66 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of street right-of-way on Canby Road south of Dana Drive and north of State Highway 44 and on Dana Drive east and west of the Churn Creek Overpass and north of State Highway 44 (A-6-85), and ratifying the negative declaration. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l66 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Use Permit UP-32-82, by Dick Shrock (L-0l0-390) The hour of 7:00 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re appeal of Use Permit UP-32-82, by Dick Shrock. 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 July 30, l985 Senior Planner Keaney reviewed his memorandum to Council dated July 30, l985. He stated that the Planning Commission unanimously revoked Use Permit UP-32-82, which granted permission for an auto-- parts salvage and sales operation (Redding Truck Salvage) on property located at 24l5 Girvan Road, in a "U" Unclassified District. Subse- quent to that meeting, the owner of Redding Truck Salvage, Dick Shrock, filed an appeal of the Planning Commission's decision. Mr. Keaney advised that the permit was revoked due to the fact that the current operator and owner allowed the landscaping to deteriorate and was storing inoperable and wrecked vehicles in the parking lot and along Girvan Road. Specifically, the operation was in violation of Condition Numbers l, 6, l6, l7, and 2l. Mr. Keaney stated that the number of complaints received by staff and the photos taken by staff both substantiate that the property has consistently not complied with the requirements of the use permit. Dick Shrock, 24l5 Girvan Road, said he disagrees with staff on several points and pointed out that there was a misunderstanding about the date of the Planning Commission meeting. He said he would like to have an opportunity to go over the alleged violations with the Plan- ning Commission. Mr. Shrock contended that, compared to his competi- tors, his business looks better than any other in the com-munity. He agreed that outside storage must cease; however, he felt he should be able to store his wrecker in the lot. He pointed out that one of the parties who complained about his business has weeds growing completely over the sidewalk and it is a blight on the neigh-borhood. Mr. Shrock emphasized that it is an industrial area and the allegations are out of line and exaggerated; however, he intends to comply with the conditions of his permit. Mr. Shrock contended that he never received notification on the date of the Planning Commission meeting or the date when he was expected to have the lot cleaned. Roger Henry, 2600 Ely Lane, property-owner adjacent to the Shrock's property, said he was one of the people who spoke against the project originally. He said the concept now is somewhat different than the original intent. He felt Mr. Shrock should have been in compliance with the 28 conditions at all times. Mr. Henry concurred that Mr. Shrock has been cleaning up his operation and the property is beginn- ing to look better; however, he agrees with the Planning Commission recommendation to revoke the permit. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard said Mr. Shrock's violations have been occurring for l½ years and feels the Planning Commission's decision should be upheld. Council Member Fulton said the few times he has been in the area the operation has been fairly well in compliance and hopes that Mr. Shrock can salvage his business. Council Member Pugh expressed the concern that it has taken l½ years to correct the violations but also has problems with terminating his business if there is some way to save it. He suggested a possible extension for six months with a review by the Council at the end of that period. Council Member Gard stated that the City's position in issuing the permit originally was that if it is conditioned properly, the business could have been a good neighbor. She felt if there had been an intention to comply, she might feel differently. Mayor Kirkpatrick felt the owner of the business has had ample time to comply with the conditions of his permit. He also felt that the Planning Commission has given ample opportunity for Mr. Shrock to comply. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the Planning Commission's decision be upheld to revoke Use Permit UP-32-82. Voting was as follows: Ayes: Council Members - Demsher, Gard, Pugh, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None PUBLIC HEARING - re Resolution of Public Convenience and Necessity for Shasta View Condemnation (C-070-0l0 and S-070-l00-700) The hour of 7:00 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Shasta View Drive Extension. The following documents are on file in the office of the City Clerk: Certified Letters to Property Owners - Notice of Public Hearing City Attorney Hays advised that written comments were received from J-C Markets and Jimmy Shaw. He submitted a proposed resolution setting forth the names of those property owners who are immediately south of Hartnell Avenue whose property needs to be crossed in order to provide for the extension of Shasta View Drive to Rancho Road. Mr. Hays advised that there does not seem to be major disagreement over the location of the road at this time; however, adoption of this resolution will enable Council to move forward with the acquisition of the properties through the condemnation process. It is the recommendation of the City Attorney that the resolution be adopted. Robert Stenson, on behalf of Joe Catalano, said it appears that property owners are in agreement and the amount is an acceptable offer. His only concern is the potential requirements for improve- ment. 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 Demsher, seconded by Council Member Pugh that Resolution No. 85-l67 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements, to-wit: The extension of Shasta View Drive (J-C Markets, Inc., c/o Joe Catalano, Jimmy D. Shaw, Buford S. Greene and Mary Jane Greene, James W. Mann and Mary D. Mann, and Mary Spivey). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l67 is on file in the office of the City Clerk. ORDINANCE - re Landing Fee Increases at Redding Municipal Airport and Benton Airpark *(A-090-l00 and A-090-020) Airports Director Homan recommended that an ordinance be adopted to increase landing fees to 50^ per thousand pounds gross landing weight, increase commuter airlines to $4.00 per landing or 50^ per thousand gross weight, whichever is greater, and a $5.00 increase in each fire tanker aircraft category outlined in Section 3.04.030 of the Municipal Code to be effective October l, l985. Council Member Demsher offered Ordinance No. l740 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 3.04 of the Redding Municipal Code by repealing Section 3.04.030 and substituting therefor a new Section 3.04.030, pertaining to landing fees at Redding Municipal Airport and Benton Airpark. PUBLIC WORKS PLANNING REPORTS - August l985 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for August, l985. ACCEPTANCE OF FINAL MAP - Mary Lake Subdivision, Unit No. 4 (S-l00-454) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Gard approving the final map for Mary Lake Subdivision, Unit No. 4, authorizing the Mayor to sign the Subdivision Agreement, and instruct- ing the City Clerk to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes with Council Member Pugh abstaining AGREEMENT WITH PACE ENGINEERING - re Inspection Services for Enter- prise Steel Reservoirs (W-030-450) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Gard approving an agreement with PACE Engineering for performing the inspection on the Enterprise reservoir in a maximum amount of $l9,000, and that the Mayor be authorized to execute the agreement. The Vote: Unanimous Ayes with Council Member Pugh abstaining SUMMONS AND COMPLAINTS City Attorney Hays advised that the following Summons and Complaints have been received: Beatrice and Walter Gulick by Attorney Donald Anderson vs. City of Redding et al - Claim for Personal Injury (C-090-l00) Lisa Maria Hutchinson by Attorney Tocher & Boeckman vs. City of Redding et al - Claim for Personal Injury (C-090-l00) ROUTINE REPORTS AND COMMUNICATIONS Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity Alcoholic Beverage License Applications: (A-ll0-l40) Public Market (Denise & Robert Fleming) 40l E. Cypress Avenue The Tropics (Agana Tropics, Inc.) 2555 So. Market Street Red Lion Motor Inn (Thunderbird Klamath Falls, Inc.) l830 Hilltop Drive Blazing Beef (Glenna & James Gregory) 2427 Athens Avenue Bell Lounge (Dorothy & Howard Lipps) 2435 Athens Avenue Shasta View Mini Mark #3 (Christensen and DeFoer) 4580 South Hwy 99 Pizza Time Theatre (Show Biz Pizza, Inc.) 2l67 Hilltop Drive Public Utilities Commission: (S-050-350) Application by Greyhound to increase fares ORAL COMMUNICATIONS (L-0l0) Jim Simpson, l097 Denton Way, discussed a proposed group home next door to his residence. He said the City is responsible for the safety of the people going into the group home but does not have any author- ity to prescribe any laws about what takes place in that home. Mr. Simpson asked that the City write a letter to the State, stating what requirements it would require if it had the authority to do so. He also asked that a letter be written to the Attorney General stating that subdivision covenants and conditions have been pre-empted by State law. Mr. Simpson advised that the certificate of need has been issued by the State for the home, but not the licenses. Council Member Gard advised that covenants, conditions, and restric- tions are strictly a civil matter and enforced by the neighborhood. City Attorney Hays concurred and added that the State has said that for zoning purposes, if they contain six or less residents, they are considered residential purposes. He said this does not pre-empt the City from enforcing building code requirements. Mr. Hays stated that the Attorney General would decline comment on the CC and R's and the individuals involved will have to bring their question to a court of law. ADJOURNMENT There being no further business, at the hour of 8:40 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ___________________________________ Mayor ATTEST: ___________________________________ City Clerk