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HomeMy WebLinkAboutMinutes - City Council - 1980-04-07 120 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California April 7, 1980 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Electric Director Simpson. The invocation was offered by the Reverend Warren Weaver, Associate Pastor of the Bethel Church. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were City Manager Brickwood, Assistant City Man- ager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Electric Director Simpson, Airports Manager McCall , Housing and Re- development Administrator Henson, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick, approving the minutes of the regular meeting of March 17, 1980, as mailed to each Council Member. The Vote: Unanimous Ayes with Councilwoman Gard abstaining WRITTEN COMMUNICATIONS Resignation of Robert Hesse A letter of resignation was received from Robert Hesse, member of the Redding Airports Commission. MOTION: Made by Councilman Kirkpatrick, seconded by X6,1 Councilwoman Gard accepting with regret the resignation of Robert Hesse as a member of the Redding Airports Commission. The Vote: Unanimous Ayes Resignation of Darrell Burrell A letter of resignation was received from Darrell Burrell, member of the Redding Parks and Recreation Commission. u'/ MOTION: Made by Councilwoman Gard, seconded by Council- man Fulton accepting with regret the resignation of Darrell Burrell as a member of the Redding Parks and Recreation Commission. The Vote: Unanimous Ayes Resignation of William J. Potter A letter of resignation was received from William J. Potter, member of the Redding Board of Appeals. (2,J MOTION: Made by Councilman Kirkpatrick, seconded by n 1 Councilman Pugh accepting with regret the resignation of William J. Potter as a member of the Redding Board of Appeals. The Vote: Unanimous Ayes PETITION:- .,Requesting assistance in forming a Sewer Assessment District on Nicolet Lane and other streets Public Works Director Arness submitted a copy of an informal petition from property owners on Nicolet, Rosswood, and Elm 4/7/80 121 Lanes requesting assistance in forming a sewer assessment district. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton referring said petition to the Public Works Department for study and appropriate action. The Vote: Unanimous Ayes APPOINTMENTS - Planning Commission MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh, approving the appointments to the Planning Commission of Darrell Burrell, for a four-year term of office ending ? ` 2 May 1, 1984, and William Potter for a one year term of office .4 9,� ending May 1, 1981, and the reappointment of Cynthia Gelonek for a four-year term ending May 1, 1984. The Vote: Unan- imous Ayes APPOINTMENT - Civic Arts Commission MOTION: Made by Councilwoman Gard, seconded by Councilman �� Fulton approving the appointment of James Dotta as a member (i% of the Civic Arts Commission to fill an existing vacancy, ;/0 for a three-year term of office, ending May 1, 1983 . The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 18 , check nos. 69257 through 69637, inclusive, in the amount of $1 , 992 , 767 . 27 , be approved and paid, and that Payroll Register Nos. 19 and 20 , check nos. 125793 through 126833, inclusive, in the amount of $648, 949. 01, for the periods March 2, 1980 through March 15 , 1980 and March 16 , 1980 through March 29, 1980, be approved. Total $2 , 641, 716 . 28. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None TREASURER'S REPORT Councilman Pugh submitted the Treasurer' s Report as of Feb- ruary 29, 1980, which showed the Treasurer ' s Accountability to be $18 , 493, 312. 90. CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Henry Schmidt, Attorney on behalf of Lena E. Raster - Claim filed 3/20/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damage filed by Henry Schmidt, 9. Attorney on behalf of Lena E. Raster on March 20, 1980 , be referred to the City Attorney and the City Insurance Carrier, and the City Clerk be instructed to place the Claim on the agenda for the meeting of May 5 , 1980. The Vote: Unanimous Ayes Steven B. McCarthy, Attorney on behalf of Roger Froslie - Claim filed 3/28/80 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Damages filed by Steven B. McCarthy, Attorney on behalf of Roger Froslie , 3 on March 28, 1980, be referred to the City Attorney I and the City Insurance Carrier, and the City Clerk be instructed to place the Claim on the agenda for the meeting of May 5, 1980 . The Vote : Unanimous Ayes with Councilman Pugh abstaining 4/7/80 122 Phillip E. Hernandez , Attorney on behalf of Jeffrey D. Dennis - Claim filed 3/28/80 MOTION: Made by Councilwoman Gard, seconded by Council- man Fulton that Claim for Damages and Personal Injury filed by Phillip E. Hernandez, Attorney on behalf of Jeffrey D. Dennis on March 28, 1980, be referred to the / ✓' City Attorney and the City Insurance Carrier, and the City Clerk be instructed to place the Claim on the agenda for the meeting of May 5 , 1980 . The Vote : Unanimous Ayes Phillip E. Hernandez, Attorney on behalf of Ronald W. Havniear - Claim filed 3/31/80 MOTION: Made by Councilwoman Gard, seconded by Council- man Fulton that Claim for Damages and Personal Injury filed by Phillip E. Hernandez, Attorney on behalf of Ronald W. Havniear on March 31, 1980, be referred to the 1 City Attorney and the City Insurance Carrier, and the City Clerk be instructed to place the Claim on the agenda for the meeting of May 5 , 1980 . The Vote: Unanimous Ayes Jerry Paine - Claim filed 3/31/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damages filed by Jerry Paine on March 31, 1980, be approved in the amount of $45 . 00 , 3 based on the recommendation of the City Insurance Com- mittee. The Vote: Unanimous Ayes Beverly F. Staub - Claim filed 3/31/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damages filed by Beverly F. Staub on March 31, 1980, be approved in the amount of i23 $50. 00, based on the recommendation of the City Insur- ance Committee. The Vote : Unanimous Ayes Ronald F. Burns, Attorney on behalf of David Mandel - Claim filed 3/17/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damages filed by Ronald F. Burns, Attorney on behalf of David Mandel on March 17 , If 1980, be referred to the City Attorney and City Insurance Carrier, and the City Clerk be instructed to place the Claim on the agenda for the meeting of May 5 , 1980 . The Vote : Unanimous Ayes • T. F. Parker - Claim filed 4/4/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damages filed by T. F. Parker }- 3 on April 4, 1980, be approved in the amount of $50. 00 , based on the recommendation of the City Insurance Com- mittee. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd Hearing Larry Riggs - Claim filed 2/21/80 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Claim for Damages filed by Larry Riggs on February 21, 1980, be denied, and that the claimant be so advised. The Vote: Unanimous Ayes 4/7/80 123 T. James Fisher, Attorney on behalf of Charlie Jones et al - Claim filed 2/27/80 MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Pugh that Claim for Personal Injury filed by T. James Fisher, attorney on behalf of Charlie Jones et al on 1 = � February 27, 1980, be denied and that the claimant be so advised. The Vote: Unanimous Ayes Judith A. Brown - Claim filed 3/4/80 MOTION: Made by Councilman Fulton, seconded by Council- man Kirkpatrick that Claim for Damages filed by Judith A. Brown on March 4 , 1980, be approved and paid in the 1 .3-3 amount of $27. 35 based on the recommendation of the City Insurance Committee. The Vote : Unanimous Ayes SETTLEMENT OF CLAIMS FOR PERSONAL INJURY - Addie O 'Kelley City Attorney Hays advised Council that the Claim for Personal I3' Injury filed by Addie O'Kelley has been settled in the amount of $87. 00 by the City Insurance Carrier. SUMMONS AND COMPLAINTS City Attorney Hays advised Council that the City has been served with the following Summons and Complaints : 1) Rolland L. Papendick, Attorney on behalf of I9 � Bertha Royster vs. City of Redding et al 2) Kathleen E. Jolly, Attorney on behalf of Roland M. Martin vs. City of Redding et al These matters have been referred to the City Insurance Carrier. ORDINANCE - re amendment to contract with PERS 3 3 � MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1482 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1482 be adopted, an Ordinance of the City Council of the City of Redding authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees ' Retirement System. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1482 is on file in the office of the City Clerk. ORDINANCE - re installation of public telephones on public side- walks, ways and places in the City of Redding 111 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1485 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Ordinance No. 1485 be adopted, an Ordinance 4/7/80 124 of the City Council of the City of Redding amending Chapter 13 . 24 of the Redding Municipal Code by adding thereto new Section 13. 24. 015, pertaining to the installation of public telephone facilities on public sidewalks, ways and places in the City of Redding. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Ordinance No. 1485 is on file in the office of the City Clerk. MEMORANDUM OF UNDERSTANDING AND SIDE AGREEMENT - re Santa Clara vs. Duncan (P.G. & E. ) Councilman Pugh briefed the Council referring to a law suit filed by the City of Santa Clara in 1975 , in which that city attempted to gain, through litigation , a specific allocation of power rather than on a first-come , first-served basis . He stated that through many meetings with P.G. & E. , Santa Clara and the member cities of the Northern California Power Assoc- iation, a memorandum of understanding and side agreement has been drafted, in which Redding is included. This agreement ��, would grant the City of Redding the right to purchase , on a non-withdrawable basis, 116 megawatts of electric power effec- tive January 1, 1980. The other member cities will also re- ceive a firm allocation of power. It is Mr. Pugh' s opinion that these agreements are good for the City of Redding, for the NCPA and for WAPA and. recommended their approval. Mayor Demsher commended Councilman Pugh, former City Attorney Murphy and Assistant City Manager Courtney for the time and effort spent on this project. He stated the City is very lucky to have people such as these involved in this project and felt these agreements are an outstanding accomplishment. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard, authorizing the Mayor to sign the Memorandum of Understanding between parties to the law suit: Santa Clara vs . Duncan (P.G. & E. ) The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard, approving the side agreement between Santa Clara and the C.V.P . Cities. The Vote: Unanimous Ayes RESOLUTION - re Rate Increase for Redding Yellow Cab Company City Manager Brickwood reviewed his memo to Council dated March 25, 1980. A letter from Aretta Webb of Redding Yellow Cab Company requesting the rate increase was distributed to Council. He stated that a new rate was authorized by Resolution No. 79-241 in December 1979 . The new rate provided for the continuation of the existing rate during the day (6 : 00 a.m. to 6 : 00 p.m. ) and an increase in charges during the remainder of the twenty-four hour period (6 : 01 p.m. to 5 : 59 a.m. ) . Mrs . Webb has indicated that this increase is not sufficient due to the low volume of night traffic and the ever-increasing cost of operation. • Mrs. Webb is requesting approval to charge the nighttime rate for the full twenty-four hours. This amounts to an increase of $ . 10 for each additional 1/4 mile for the twelve-hour daytime period. 4/7/80 125 It is the staff' s belief that Mrs. Webb' s request is justified and; if Council concurs, it is recommended that the prepared resolution be adopted. In response to an inquiry from Councilwoman Gard regarding what constitutes excess luggage as mentioned in the Resolution, Mrs . Webb stated excess luggage would mean anything over three suit- cases per person, for which there is an additional $1 . 00 charge. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-67 be adopted, a Resolution of the City Council of the City of Redding establishing a new rate schedule dor taxicabs operating in the City of Redding. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 80-67 is on file in the office of the City Clerk. AWARD OF BID - Douglas Fir Poles MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the recommendation of the City Manager that Bid Schedule No. 1176 , douglas fir poles, be awarded to Koppers Company for 41. 3 their low bid in the amount of $7, 562. 04, sales tax included. Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: C:u: ciLlim:embersnim - None AWARD OF BI MOTION: Made by Councilman Pugh, seconded by Councilman C; Kirkpatrick approving the recommendation of the City Manager J 3 that Bid Schedule No. 1180, lime, be awarded to Flintkote Lime Company, the sole bidder, in the amount of $71 .70' per- dry toh. f.o.b. Richmond, California, with the exception of price subject to change with 30 days ' written notice. Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None PRELIMINARY PERMIT - Whiskeytown Project No. 2888 City Manager Brickwood reviewed his memo to Council dated April 3, 1980, stating that the City of Redding has received the preliminary permit to construct power generation facilities at Whiskeytown Dam. The permit issued by the Federal Energy Regulatory Commission gives the City a priority for two years j '( over all other parties with the exception of the U. S. Govern- ment. This provides the possibility of the City studying the project and applying for a license to construct during the two-year period and being denied on the basis that the Water and Power Resources Department had decided to build the pro- ject for the U.S. Government. If this should happen, it is unclear whether the City would be refunded its out-of-pocket costs . Mr. Brickwood continued that the City has not made a detailed study of this project, but tentative figures indicate that it will produce 4000 kw of capacity and the cost of energy pro- duced will be less than 40 mils per KWH which is very com- petitive in today' s energy market. The environmental concerns 4/7/80 126 for this project should be minor compared to other hydroelectric projects such as Lake Redding where extensive costs are involved because of the fish studies. Staff also has some concern with the proposed Trinity River Basin Fish and Wildlife Management project which is elaborated upon in the Planning Department report distributed to Council . It is requested that Council approve a thorough study of the Trinity River Basin project and authorize preparation of a document for the Mayor' s signature responding to the Water & Power Resources Services. It is the recommendation of staff that Council approve acceptance of the preliminary permit for the Whiskeytown project and authorize the City Manager to file for a feasibility loan to cover the major costs necessary for the license. The feasibility loans from the Department of Energy are forgiven if the project is not built. It is also recommended that the prepared resolution be adopted. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 80-68 be adopted, a Resolution of the City Council of the City of Redding authorizing the City Manager to make application to the Department of Energy for a feasibility study for the generation of power at Whiskeytown Dam. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 80-68 is on file in the office of the City Clerk. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick authorizing the preparation of a document for the Mayor' s signature responding to the Water & Power Resources Services. The Vote: Unanimous Ayes LEASE - Additional Data Processing Equipment Assistant City Manager Courtney reviewed his memo to Council dated March 26 , 1980, in which he requested authorization IIS; to lease additional data processing equipment. Said memorandum is hereby made a part of these records . MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick authorizing the lease of additional data processing equipment as requested. The Vote : Unanimous Ayes RESOLUTION - re Lease agreement between the City of Redding and the U.S. Department of the Interior Electric Director Simpson reviewed his memo to Council dated March 24 , 1980 in which he recommended the adoption of the prepared resolution authorizing the installation of certain 6} communications equipment in the Water and Power Resources a Building on Bass Mountain. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-69 be adopted, a Resolution of the City Council of the City of Redding approving lease agreement with U.S . Department of Interior, Bass Mountain Radio repeater site and access road. 4/7/80 .-- - - 127 Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 80-69 is on file in the office of the City Clerk. AGREEMENT - Between City of Redding and U.S. Department of Agriculture - Forest Service Electric Director Simpson reviewed his memo to Council dated March 24 , 1980. He stated that the City of Redding is in- stalling radio transmission facilities at the top of Bass Mountain where existing facilities are located. This agree- -/' ment between the City of Redding and the U.S. Department of ,, `I9' Agriculture •- Forest Service, is for sharing in the cost of maintaining the road, the cost of electric service , and maintaining an emergency generator. He recommended adoption of the prepared resolution. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 80-70 be adopted, a Resolution of the City Council of the City of Redding approving cooper- ative agreement for sharing facility costs, Bass Mountain repeater site, and authorizing its execution. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 80-70 is on file in the office of the City Clerk. AGREEMENT - Between City of Redding and Earl W. Preston, Inc . Electric Director Simpson reviewed his memo to Council dated March 31, 1980, in which he explains this agreement is between 3\ '13- the j3the City of Redding and Earl W. Preston, Inc. in the amount of $12 , 000 for the engineer to provide service to the City , associated with load design of the 12 KV distribution facilities. Funds have been budgeted for this engineering. Mr. Simpson recommends approval of the prepared agreement and authorization for the Mayor to sign said agreement. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the agreement as hereinabove described between the City of Redding and Earl W. Preston, Inc. , and authorizing the Mayor to execute same. The Vote : Unan- imous Ayes CONTINUED PUBLIC HEARING - re General Plan Amendment GPA-3-79 , "Upper Churn Creek" The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing on General Plan Amendment GPA-3-79 , "Upper Churn Creek" . The following documents are on file in the office of the li- City Clerk: Affidavit of Posting - Notice of Continued Hearing The City Clerk advised Council that no written protests had been received. 4/7/80 128 Planning and Community Development Director Perry reviewed his memo to Council dated March 13, 1980, stating that at the City Council meeting of December 3 , 1979 , the Council stayed adoption of GPA-3-79 and referred the plan back to the Planning Commission for re-evaluation of the proposed plan for property located on the north side of Mountain View Drive. Minutes of the December 3, meeting were sub- mitted to Council and maps depiciting the area in question were shown on the Vu Graph. Mr. Perry continued that the matter was referred back to the Planning Commission at the request of Mike Wells , the attorney for three property owners on the north side of Mountain View Drive. These three owners requested a density of six units per acre; whereas, both the existing general plan and the proposed plan provide for 3. 5 units per acre. The density of the proposed plan was approved after adjoining property owners to the south and east opposed any density greater than the 3 . 5 units/acre. The key concerns in the hearings have been protection of adjoining single-family development, traffic on Mountain View Drive, and a reasonable use for the parcels on the north side of Mountain View Drive. At its meeting of February 13 , 1980 , the Planning Commission recommended, by a vote of four to one, approval of a compromise classification after three of the five property owners involved committed to the following stipulations : 1. That, unless the three owners develop jointly, their density will remain at 3. 5 units/acre. 2 . That, if .they develop jointly, they can request up to, but not exceed, six units per usable acre. 3. That, adjacent to the existing single-family lots west of Palo Vista Court, construction will be limited to single-story, single-family lots , as depicted on the attached exhibit. 4. That the property owners agree to widen Mountain View Drive in front of their properties . It was the opinion of the Commission and the staff that the compromise was a reasonable solution between the desires of the neighborhood and the wishes of the property owners. At the February 13 hearing, the resi- dents of the neighborhood again reiterated their opposi- tion to a density higher than 3. 5 units per acre. As submitted, there isn' t any difference between the Commission' s recommendation and the neighborhood preference unless the three property owners or their successors develop jointly. Assuming the three owners were to develop under the "PD" District at 3. 5 units per acre or under the Commission' s revised recommendation at } six units per acre, they would be able to develop 3. 5 usable acres with 17 or 21 dwelling units , respectively, a difference of four units. The Planned Development District would allow a density increase up to five units per acre in a 3. 5-unit-per-acre classification . If they do not develop jointly, they are limited to 3. 5 units per acre or a combined total of 12 units . 4/7/80 129 During the Commission' s re-evaluation, two other requests for changes to the recommended plan were also received. In order to save further continuations, the Planning Commission evaluated these requests at its meeting of February 13, 1980. The first request concerned property presently zoned "C-2-F. " This property fronts on Mountain View Drive and is located north of the existing apartments and south of the Interstate 5 off-ramp. It was the opinion of the Commission that the intent of the plan was to place the property in a retail classification; thus, no change was needed other than better delineation on the plan map. The second requested change was for a 40-acre parcel due east of the Twin View-Interstate 5 interchange. The sub- ject parcel consists of three parts--a highland portion now classified at 3. 5 units per acre, a bluff face shown in "Greenway, " and a lowland portion proposed as three units per acre. The existing zoning of the parcel is "C-2-F" and "U-F. " At one time a use permit for a travel- trailer park had been approved for the property; and, between this parcel and Mountain View Drive, a use permit has been issued for a newspaper plant. The owners of the parcel have requested that the density on the upland portion be increased to six units per acre. This density could permit a variety of uses, including a mobilehome park; a planned-unit development; a low- density, multiple family development; or a small-lot, single- family development. Given the proximity of the parcel to Interstate 5 and the potential commercial uses and due to its separation from existing single-family uses by a ravine, the Commission recommended that the density of the highland portion be increased to six units per acre. Mr. Perry stated it is the recommendation of the staff that the Upper Churn Creek Plan be amended for the areas in question as recommended by the Planning Commission. If the Council concurs, it is recommended that the City Attorney be directed to prepare a resolution for con- sideration at the next Council meeting. Mr. Roy Peters, attorney on hehalf of the property owners in the subject area, made a presentation to Council at this time. He stated their primary concern with respect to density is the resultant increase in traffic along Mountain View Drive and what it might do to the property values of their homes . He noted that a deed restriction was recorded some years back which limited development in the Twin View Subdivision to single family dwellings and not more than 1 1/2 stories in height. He stated that his clients wish to enforce this deed restriction and believe an amendment to the General Plan is premature based on the fact that the burden is on the developers to overcome these deed restrictions. In response to an inquiry from Councilman Fulton, Mr. Peters stated that the subject deed restriction was drafted on December 16 , 1954 by the Twin View Land Company. A copy of said document was submitted to the Mayor. +, 4/7/80 1 130 Mr. Mike Wells, attorney on behalf of the three property owners who wish to develop the subject property, spoke to Council at this time. He stated the matter of the deed restrictions is not a subject under consideration by Council, but is a matter for the courts to enforce; however, the density is the issue. He also expressed interest as to how many property owners Mr. Peters represented. He explained his clients are proposing to go into a joint venture to develop the property. The proposed General Plan Amendment as recommended by the Planning Commission would allow them the option of develop- ` ing under the Planned Unit Development District , which would increase the density of 6 units/acre , thereby help- ing to offset some of the costs of planning a P.D. He felt this would be much more beneficial to the neighbor- hood, and could act as a buffer between the existing devel- opment and multiple family units on the west. Mr. Wells stated that his clients have come a long way with the compromise. Mr. Wells believes density is an issue which will be before the Council more and more as the cost of a single family home increases and a P.D. allows costs to be reduced somewhat due to the smaller lots , lower costs for utilities, etc. He further stated that a P.D. would avoid flag lots by the use of one point of ingress and egress. He noted that at the suggestion of the Planning Commission, his clients are incorporating single family dwellings as a buffer. Mr. Roy Peters again approached the Council, stating he represents 67 property owners and it is their desire to enforce the deed restrictions recorded in 1954 . They are concerned about protecting their views. He stated his clients are not opposed to the 40 acre parcel to the north being developed at 6 units/acre but do object to such density on the 3 1/2 usable acreswhich adjoin their property. Mr. Hayen, 5678 Mountain View Drive, one of these property owners, approached Council stating that if there was a deed restriction as to height and density, his deed does not have such a restriction. Mr. Festus Green, 930 Palo Vista, approached Council stating he has seen no new evidence presented this evening which was the purported reason for reconsidering the matter. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard to close the Continued Public Hearing. The Vote: Unanimous Ayes In response to an inquiry from Councilwoman Gard, City Attorney Hays advised Council that the deed restriction issue does not enter into the decision before the Council but would be a civil matter between the people involved. It does not have any bearing on the proposed General Plan Amendment and the City does not enforce such restrictions , but is a matter for the courts. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Planning 4/7/80 -41 131 Commission and staff as hereinabove described, for General Plan Amendment Application GPA-3-79 , "Upper Churn Creek" , and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes RESOLUTION - re Request for Waiver of Parcel Map LS-15-80 Planning and Community Development Director Perry reviewed his memo to Council of April 2 , 1980. Maps depicting the lo- cation of the properties and the approved lot-line adjust- ment were shown on the Vu Graph. Four property owners in- tend to acquire portions of a triangular piece of land belonging to a neighbor, to increase the depth of their I('' ' lots. In its present configuration, the land is of no pract- icle value to the present owner. It is the recommendation of staff that the requirement for a parcel map be waived by adoption of the prepared resolution. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Pugh that Resolution No. 80-71 be adopted, a Resolution of the City Council of the City of Redding waiving the require- ment of a parcel map for lot split application LS-15-80 . Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Fulton Resolution No. 80-71 is on file in the office of the City Clerk. ANNEXATION - Quartz Hill Road, Annexation No. 79-15 Planning and Community Development Director Perry reviewed his memo to Council dated April 2, 1980. He stated that at the regular meeting of November 14, 1979, the Local Agency Formation Commission approved the petition to annex 3. 5 acresr/ located on either side of Quartz Hill Road to the City of Redding. A map depicting the location of the property, which. will be used as a means of access to Unit 2 of Lake Redding Estates Subdivision was shown on the Vu Graph. It is the recommendation of staff that the City,, Council annex the property, and adopt the prepared resolution ordering the annexation and ratifying the negative declaration. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-72 be adopted, a Reso- lution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory designated "City of Redding Annexation No. 79-15" to the City of Redding (Quartz Hill Road) . Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 80-72 is on file in the office of the City Clerk. TRAFFIC AND PARKING COMMISSION PROPOSAL - Increase Parking Meter Fees Traffic Engineer Hamilton reviewed hismemo to Council dated February 14, 1980. He stated that in regular session on February 11, 1980, the Traffic and Parking Commission determined that the five cents per hour rate now in effect 1 , I on parking meters is no longer sufficient to discourage all-day parking. It was unanimously voted to recommend to Council that the basic five cents per hour rate be changed to ten cents per hour, to be implemented as budgeted. 4/7/80 132 Councilwoman Gard requested that a public hearing be held prior to adoption of increased rates . The matter was referred to staff for study. REDDING MUNICIPAL AIRPORT - Plans and Specifications for new Terminal Building Airports Manager McCall reviewed his memo to Council dated April 2, 1980, stating that in August, 1976 , the City of Redding entered into an agreement with Smart and Clabaugh, Inc. , to design plans for a new terminal at Redding Muni- cipal Airport. A committee composed of Robert Anderson, (former Councilman) , Harry Barker, (member of the Airport Commission) , Dick Smart and the Airports Manager toured a number of airports in California and talked with their airport managers for ideas and recommendations . Council- man Kirkpatrick later replaced Robert Anderson on the committee. The preliminary plans were presented to the City Council on several occasions , and the terminal ground plans prepared by CH2M Hill were approved. The City applied for a grant under the Airport Development Aid Program. The grant was approved, and construction of the site preparation is now underway. The final plans and specifications for the new terminal building are now completed and will be presented- by Dick Smart. It is the recommendation of the Airports Commission and the Airport Terminal Committee that the plans be approved. Mr. Harry Barker spoke to Council at this time. He stated they had visited many airports and terminals and that the Redding terminal will be one of the first built under the new security regulations. He explained that the plans have been reviewed over a period of time without any substantial changes . The terminal is designed so that there is plenty of room in the center of the building for the public , people waiting for planes and people who are deplaning. The main access to the terminal is through the center area. He stated they visited Hughes Air West and asked them for suggestions.ggestions. They were opposed to second deck loading, as their operating expenses are much higher with this type of loading. In the event that more airlines are added in the future, there is an alternative method of loading called a "Jet Way" , which can be added later. In regard to a restaurant and bar facility, it is proposed that it be built by the City and leased to an operator and it would be the Council ' s job to select the operator. Mr. Barker added that solar heating has been investigated and it is proposed that it be implemented for hot water heating. Mr. Dick Smart spoke to Council at this time. He stated that the security regulations had a lot to do with the configuration of the building. He added that the building is designed so that expansions can be made in the future. He noted the out- standing view to the east. In response to an inquiry from Councilman Fulton, Mr. Smart explained that the public waiting area in the center of the terminal is one large open room. He stated they found in visiting other airports that the public congregated in the ticketing areas and this terminal is designed with the ticketing areas on the sides with the center being the main access area. 4/7/80 133 Councilwoman Gard expressed concern for wheelchair access to the planes, if second deck loading is not implemented. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Pugh approving the plans for the Redding Airport Terminal as recommended by the Airports Commission and the Terminal Committee. The Vote: Unanimous Ayes LEASE - re American Propeller Service Airports Manager McCall reviewed his memo to Council dated April 3, 1980. He stated that the Airports Commission has been working with American Propeller Service for some time ; ' S for lease of property at Redding Municipal Airport on which to construct a building for their business. Due to high interest rates, they cannot afford to build on leased property at this time. With the ground work on the new terminal area underway, it is necessary to move the present building housing American Pro- peller Service to a new location in the future industrial area. It is the recommendation of the Airports Commission that American Propeller Service be leased approximately one and one quarter acres to which their present building will be moved. The rent for the property and building will be $322 . 00 per month for a lease period of two years. As there are no rest- room facilities in the building, and the Company has nine em- ployees (three women and six men) , it is recommended that the City build the restroom facilities and upon completion, the rent will be increased $120 per month to cover costs , for a total of $442 per month. The estimated cost of the restrooms is $8 , 000 . 00 Councilman Pugh feels it is the City' s obligation to maximize its assets for proprietary purposes, and expressed concern ti regarding the low interest rate of 12% which is being charged for the construction of the restrooms. Mr. McCall stressed that American Propeller has been displaced due to the construction of the new terminal. He stated the building is already scheduled to be moved in the near future and felt these two factors played an important part in the terms of the subject lease agreement. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton, approving the prepared lease agreement as herein- before described, between the City of Redding, and Dennis A. Praegitzer and Kerry G. Dawes, doing business as American Propeller Service, . for the lease of property and building at the Redding Municipal Airport and for the rental of restroom facilities. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORT Public Works Director Arness submitted the Public Works Planning Report for April, 1980. NOTICE OF COMPLETION - Overhaul and Repair of Two General Elec- tric Type FKD - 15. 5 - 18000 Oil Circuit Breakers 0 MOTION: Made by Councilman Kirkpatrick, seconded by Council- ; man Pugh accepting the project re Overhaul and repair of two General Electric Type FKD, 15. 5, 18000 Oil Circuit Breakers 4/7/80 134 as being completed satisfactorily, and instructing the City Clerk to file a notice of Completion. The Vote: Unanimous Ayes AWARD OF BID - Buenaventura Boulevard from Eureka Way to Waushara MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Public Works Director that Bid Schedule 1178, construction of Buenaventura Boulevard 100 from Eureka Way (Hwy 299W) to Waushara (Job No. 9101) , be awarded to Jaxon Enterprises in the amount of $176 , 029 . 05. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None ORDINANCE - re Amendment to Section 11. 24. 260 of the Redding Municipal Code City Attorney Hays reviewed his memo to Council dated March 28 , 1980, stating that the prepared ordinance is intended to simplify citing parking violators in private parking lots by allowing police officers to issue citations with their signatures rather than having to carry' 26 citation books with them in order to i1.3 �1-4 issue a citation with the signature of the property owner involved. Under the new Ordinance, a "Consent to Enforcement" form will be ci kept on file which is executed by the property owner or other person responsible for the property. Councilman Pugh offered Ordinance No. 1486 for first reading an Ordinance of the City Council of the City of Redding amending Chapter 11. 24 of the Redding Municipal Code by repealing Section 11. 24. 260 and substituting therefor a new Section 11. 24. 260, pertaining to parking in private areas. RESOLUTION - re Abatement of McDemos property, 3099 Leonard Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-73 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 property 3°5 at 3099 Leonard Street (John E. and Joan M. McDemos) . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None `• Absent: Council Members - None Resolution No. 80-73 is on file in the office of the City Clerk. RESOLUTION - re Abatement of Patterson property, 1869 Eugenia Avenue MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-74 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 property at 1869 Eugenia Avenue (Dennis W. Patterson) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 80-74 is on file in the office of the City Clerk. 4/7/80 135 RESOLUTION - re Accepting Deed of Right of Way MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 80-75 be adopted, a Resolu- tion of the City Council of the City of Redding accepting Deed cj of Right of Way dated July 26 , 1961, from Carl R. McConnell - 3 and Leah F . McConnell to Enterprise Public Utility District. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 80-75 is on file in the office of the City Clerk. ORDINANCE - re Closure of Public Parks During Certain Hours Councilman Pugh offered Ordinance No. 1487 for first reading, an Ordinance of the City Council of the City of Redding amending Section 10 . 20 . 030 of the Redding Municipal Code by repealing Paragraph A, and pertaining to the closure of Public Parks during certain hours. AGREEMENT - re Appraisal Services, Benson-Stathem-Shaw, Enterprise Community Park MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton approving an agreement for appraisal services between the City of Redding and Benson-Stathem-Shaw Assoc- 6 '� A iates, for the acquisition of property for Enterprise Community Park. The Vote: Unanimous Ayes AGREEMENT - re Negotiation Services, Wiley D. Davis , Enterprise Community Park MOTION: Made by Councilman Kirkpatrick, seconded by Council- ;C man Fulton approving an agreement for negotiation services between the City of Redding and Wiley D. Davis for the purpose of acquisition of property for Enterprise Community Park. 3 The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses Knight' s Lounge, 1805 Park Marina Drive Timber Lanes , 40 Lake Boulevard West Country Bowl , 2615 Bechelli Lane Castle Club, 1647 Hartnell Ave. , Suite 15 , 17 , 18 & 19 ADJOURNMENT There being no further business , at the hour of 8 : 45P.M. , Mayor Demsher declared the meeting adjourned to 12 noon, April 15 , 1980 . APPROVED Mayor ATTEST: City Cler 4/7/80