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HomeMy WebLinkAboutMinutes - City Council - 1980-08-04 290 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California August 4, 1980 7: 00 P .M. The Pledge of Allegiance to the Flag was led by Cigo Mazzini , II Honorary Mayor of Montgomery Creek. The meeting was called to order at 7 : 00 P .M. by Mayor Pugh with the following Council Members present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Plan- ning and Community Development Director Perry, Electric Director Simpson, Director of Parks and Recreation Riley, Housing and Redevelopment Administrator Henson, Assistant City Engineer Jack Lang, Senior Associate Planner Keaney, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the minutes of the regular meeting of July 21, 1980 as mailed to each Council Member. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the minutes of the adjourned regular meeting of July 22 , 1980 as mailed to each Council Member. The Vote: Unanimous Ayes with Councilmen Demsher and Fulton abstaining WRITTEN COMMUNICATIONS Request of Redding Elks to Sell Alcoholic Beverages A communication was received from the Redding Elks Lodge No. 1073, requesting Council approval to sell alcoholic beverages at the Shasta High School Class reunion, August 9, 1 1980 in the Senior Citizen' s building. ,), MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the abovementioned request for the sale of alcoholic beverages on August 9 , 1980 . The Vote: Unanimous Ayes Petition re Proposed Substation - South Redding A 12-signature petition was submitted to Council, opposing the electric substation transmission lines on Reno Lane . 61 )-' Council determined that said petition should be referred to staff for attachment to the final E .I .R. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 3 , check nos . 71788 through 72130 inclusive, in the amount of $1, 481, 014 . 20 , be approved and paid, and that Payroll Register No. 2, check nos . ID 132788 through 133407 inclusive, in the amount of $399 , 078 . 57 l for the period July 6, 1980 through July 19 , 1980, be approved. Total $1, 880 . 092. 77 II Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 8/4/80 t 291 CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Harry & Erma Faganello - Claim filed 7/28/80 MOTION: Made by Councilman Demsher, seconded by Councilman �, '> Kirkpatrick that Claim for Damage, filed by Harry & Erma Faganello on July 28, 1980, be approved for payment in the amount of $35. 00. The Vote: Unanimous Ayes Willie Stone - Claim filed 7/28/80 MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Claim for Damage, filed by Willie Stone on 3 July 28 , 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 September 2 , 1980 . The Vote: Unanimous Ayes Jon Pecaut - Claim filed 7/31/80 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damage, filed by Jon Pecaut on July 31 , 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 September 2, 1980 . The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS City Attorney Hays advised Council that the following claims have been settled by the City Insurance Carrier: - - Betty Marie Friedrich - Settled in the amount of $2 , 000 ) 3 Willis E. Brown - Settled in the amount of $2 , 021 . 18 ORDINANCE - re Adult Entertainment MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the full reading of Ordinance No. 1502 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes Mayor Pugh explained the action taken by Council at its meeting of July 21, 1980, regarding the first reading of the Adult Entertainment Ordinance. He further explained that the public hearing was held to give the opportunity for public comment; how- ever, he stated that if anyone is present who has comments other than those already presented, Council will hear said comments at this time. George Santilena, 7930 Riata Drive, stated he owns a business in the area of Athens and Locust which is one of the areas speci- fied in the Ordinance that could accommodate an adult-entertain- ment business. He noted he has received many letters telling him that if this type of business comes to be, they will not pat- ronize his business and will avoid the area entirely. Mayor Pugh explained that without the adoption of the Ordinance, adult-entertainment businesses could be established in his area now without any type of Council action. Planning and Community Development Director Perry noted that with the amendment Council made in the Ordinance, increasing the dis- tance to 400 feet from residential areas , the area in question 8/4/80 292. z,s now so small, it is inconsequential, and would not be large enough to meet the requirements for parking, etc. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Ordinance No. 1502 be adopted, an ordinance of the City Council of the City of Redding, amending Title 18 of the Redding Municipal Code by adding thereto Chapter 18 . 53, pertain- ing to adult entertainment. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1502 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-2-80 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman 1-\ Demsher that the full reading of Ordinance No. 1503 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1503 be adopted, an ordinance of the City Council of the City of Redding amending Section 18 . 06 . 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-2-80) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council MEmbers - None Ordinance No. 1503 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-5-80 4), MOTION: Made by Councilman Kirkpatrick, seconded by Councilman i Demsher that the full reading of Ordinance No. 1504 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1504 be adopted, an ordinance of the City Council of the City of Redding amending Section 18 . 16 . 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-5-80) . Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1504 is on file in the office of the City Clerk. SET PUBLIC HEARING - re Rezoning Application PD-2-80 Planning and Community Development Director Perry requested ( P that Council set a public hearing for 7: 30 P .M. , September 2 , 1980, to consider Rezoning Application PD-2-80 , by Mathews Construction. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard, approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes 8/4/80 l � 293 SET PUBLIC HEARING - re Rezoning Application PD-7-80 Planning and Community Development Director Perry requested r that Council set a public hearing for 7: 30 P.M. , August 18 , 1W 1980 to consider Rezoning Application PD-2-80, by Jean Agostini . "I MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes REQUEST TO CONSUME BEER - by The Shack Restaurant Parks and Recreation Director Riley reviewed the memorandum from Sue Asbill, Chairwoman of the Parks and Recreation Commission, dated July 28, 1980. He stated the request is to allow spectators to drink their own beer during the annual softball tournament to be held in Caldwell Park on September 12, 13, and 14, 1980 . 190' The Commission recommended approval subject to four conditions including proof of adequate insurance, and a $300 clean-up deposit be on file in the City Clerk' s office, consumption be confined to Pony League bleachers and the Almond Grove area, and that this approval is subject to the Parks and Recreation Department ' s recommendations for future tournaments . Council discussed the amount of the clean-up deposit required and concurred that more specific criteria should be explored in light of the number of requests of this type being received. Councilman Demsher stated his concerns that this type of request drifts the City back in the direction from which it has recently come. He noted that the problems in the parks seem to be resolved and he fears that allowing people to bring beer and drink it in the parks will cause some of the problems to resurface. Mayor Pugh stated that the condition restricting the area for consumption of beer should keep this activity separated from other areas and other activities in the park. He noted this allows groups to use the park in this way without some of the attendant problems encountered with uncontrolled drinking. He stressed that this condition should be strictly enforced. In response to an inquiry from Councilwoman Gard, Mr. Riley advised that most of the players in this tournament are 18 years of age or older, but some are only 17. Mrs . Gard was concerned that there would be problems keeping the 17 year olds segregated and feared approval of this request would encourage under-age drinking. ' City Attorney Hays noted that in the original discussion regarding consumption of beer in the parks, it was Council ' s desire to limit the use of beer to cups or cans, and that beer bottles could be- come a problem again with this type of request. Councilman Demsher asked about the possibility of the applicant obtaining a beer license and selling beer rather than having people bring their own. Larry Lakmann, applicant, stated he did not wish to sell beer but only that the participants and spectators be allowed to consume their own beer. He stated this is the 10th year the tournament has been held and each year beer has been consumed. He noted that they have never had any problems in the past. 8/4/80 294 Mr. Riley concurred that there has not been a problem with this tournament in past years . MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the aforestated request of The Shack Restaurant, subject to the conditions as recommended by the Parks and Recrea- tion Commission. Voting was as follows : Ayes: Council Members - Fulton, Kirkpatrick, and Pugh Noes : Council Members - Demsher and Gard Absent: Council Members - None REQUEST TO SERVE CHAMPAGNE - by Mrs . Towns at Riverfront Park Parks and Recreation Director Riley reviewed the memorandum from the Parks and Recreation Commission dated July 28 , 1980 . .- 16V He stated Mrs. Ruby Towns has requested approval to serve champagne at a wedding reception on September 13 , 1980 at the Riverfront Park. The Commission recommends approval sub- ject to the conditions that there will be supervision of the serving of alcoholic beverages and that a $50 clean-up deposit be on file in the City Clerk ' s office. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the aforestated request by Mrs . Ruby Towns subject to the conditions recommended by the Parks and Recrea- tion Commission. The Vote: Unanimous Ayes REQUEST TO SELL BEER - by Asphalt Cowboys in Lake Redding Park Parks and Recreation Director Riley reviewed the memorandum from the Parks and Recreation Commission dated July 28 , 1980 . He stated the Asphalt Cowboys have requested permission to sell beer in Lake Redding Park during their annual barbecue event on 61' September 7, 1980 , and the Commission recommends its approval . ) O` MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the aforestated request from the Asphalt Cowboys to sell beer on September 7, 1980. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - None REQUEST TO SELL BEER - by Men' s Slow Pitch Softball at Alta Mesa Park Parks and Recreation Director Riley reviewed his memorandum to Council dated July 28, 1980 . He stated that at its meeting of June 2, 1980, Council approved a request for the Northern Calif- ornia Athletic Club to sell beer during a tournament at Alta a Mesa Park held June 20, 21, and 22. An evaluation of the tourna- ment and its beer-related problems was to determine the future sale of beer for the remaining softball season. Mr. Riley stated the Athletic Club was very cooperative and to his knowledge there were no alcohol-related problems at this tournament. He recommends approval of the request for the Northern California Athletic Club to sell beer during its softball tournament on August 29 through September 1, 1980 at Alta Mesa Park. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the aforestated request of the Northern California Athletic Club to sell beer on August 29 through fI 8/4/80 fv 295 September 1, at Alta Mesa Park. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - Gard Absent: Council Members - None REQUEST TO SELL BEER - Softball Tournament for Muscular Dystrophy Parks and Recreation Director Riley reviewed the recommendation of the Parks and Recreation Commission dated July 30 , 1980 . He stated the Parks and Recreation Commission was polled by telephone concerning the request of Foothill Distributing and Muscular Dys- trophy Association to sell beer at a softball tournament on August 22 , 23 , and 24 at Pony League in Lake Redding Park. They i recommended approval subject to four conditions , including proof p� of insurance and a $300 clean-up deposit be on file in the City Clerk ' s office, supervision be provided and consumption of beer be confined to the Pony League and Almond Grove area, and that this event does not set a precedent for an annual tournament and depends upon how well it is organized and supervised. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the aforestated request of Foothill Distributing and Muscular Dystrophy, subject to the conditions recommended by the Parks and Recreation Commission. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - None PUBLIC WORKS ' PLANNING REPORT Public Works Director Arness reviewed the Public Works ' Planning Report for August, 1980. Councilman Fulton inquired as to the sanitation collection pro- /6 cedures and the deletion of the Wednesday pick-up, as discussed by Council. Mr. Arness advised that, based on the City ' s Current practices of pick-up, it is not feasible to eliminate the Wednesday pick-up at this time, as it would require excessive amounts of over-time on Thursdays and Fridays. PUBLIC HEARING - re Abandonment Application A-5-80, by Robert Gustafson The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the Public Hearing re Abandonment Application A-5-80 , by 1 Robert Gustafson. 013 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 Affidavit of Posting - Notice of Public Hearing Planning Commission Recommendation dated July 28 , 1980 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. 8/4/80 296 Planning and Community Development Director Perry reviewed his memorandum to Council dated July 28 , 1980 . He stated that at its regular meeting of June 24 , 1980, the Planning Commission unanimously recommended approval of the abandon- ment of a portion of a sewer easement on property located at 3404 Cessna Drive. Maps depiciting the location of the project and the proposed abandonment were shown on the Vu Graph, and Council was provided a copy of the draft neg- ative declaration. He noted that the bulk of the ease- ment became unnecessary with the development of the Cessna Subdivision and it is the opinion of both the Commission and staff that the subject area is not needed for public- easement purposes, and should be abandoned except for a five foot (rather than three-foot as stated in the original recommendation) diameter circle centered on the existing manhole on the property line. He further noted that exhibits A and B should be amended to reflect this change in footage. If Council concurs, the City Attorney has prepared a resolu- tion abandoning the easement and ratifying the Negative Declaration. In response to an inquiry from Mrs . Gard, Public Works Director Arness advised he doesn' t feel "right-of-entry" would be a problem, as entry can be gained through the easement in the back of the property. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 80-179 be adopted, with the aforestated amendments to Exhibit A and B, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of . a sewer easement located at 3404 Cessna Drive (A-5-80) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-179 is on file in the office of the City Clerk. PUBLIC HEARING - re Acquisition of Property for Proposed Foxtail Court Park The hour of 7: 30 P .M. having arrived, Mayor Pugh opened the Public Hearing re acquisition of property for proposed Foxtail Court Park. 356 The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Reports of City Attorney dated July 18 and 30 , 1980 The City Clerk advised Council that one written protest 8/4/80 297 has been received from Mr. David Mandel , owner of 3/4 of the property to be acquired for the proposed Foxtail Court Park. City Attorney Hays reviewed his memorandums to Council dated July 18 , and July 30, 1980, which are hereby made a part of this record by reference. He stated that at the request of Earl Henson, appraisals of the Foxtail Court Park property were undertaken by Ryan & Associates . Ryan & Associates estimated the fair market value of Dr. Mandel ' s property to be $51, 500. Dr. Mandel was subsequently offered a price of $51, 500 for his property based upon the appraisal report. Dr. Mandel advised at that time that Don Stroud of Action Realty is his agent and the matter should be discussed with him. Mr. Henson contacted Mr. Stroud and Mr. Stroud said they wouldn' t take a figure less than $90, 000 . Mr. Hays indicated that numerous contacts have been made, both with the owner and his agent, and recommends that a Resolution of Public Convenience and Necessity be adopted in order to establish a valuation date on the property and avoid reappraisal and an ever increasing inflated cost. Mr. Hays further noted that attempts have been made to negotiate with the Pentecostal Church of God of America to acquire a portion of their property for this park and efforts with them have also been unsuccessful . Mayor Pugh invited comments from the floor at this time. Reverend Kirby James, Pentecostal Church of God of America, stated he and his congregation are concerned with the betterment of the community; however, they object to losing the 10 foot easement along the southerly boundary of their property as this property is needed for parking and could restrict any future building on the site. He asked that Council give this further consideration and asked why the property was required for an easement. He advised Council that this 10 foot strip is used for over- flow parking during their fellowship meetings . The Mayor advised Reverend James that the proposed park is to be a neighborhood park and the easement will provide a much more viable park usage by allowing access from Reservoir Lane. He noted the easement would be a pedestrian access . Council discussed the possibility of the City taking a lesser portion of the church property to the east to com- pensate for the 10 foot easement on the southern boundary of the church property. City Attorney Hays advised that negotiations of this type should not take place at this time. He noted the adoption of the resolution will stop the clock against increased valuation of the subject properties and could be amended as to the exact property lines at some future date . John Wilson, District Board Member of the Pentecostal Church 8/4/80 298 of God of America, stated it is the opinion of the Board that it is difficult to acquire church property and the current church property does not have any room to spare. He stated it is barely an acre and advised that the Board is strictly opposed to the sale of any of the property. 1111 David Mandel, 1065 DeMoll Drive, stated he objects to the tactics used at arriving at the sale of his property. He felt the appraisal that was secured by the City Attorney 's office was not an independent appraisal and was based on the City ' s proposed use of the property, and that is why it is $40 , 000 less than he felt it should be . He stated he obtained his own appraisal which was $40 , 000 higher than the City ' s . Mr. Wilson returned to the rostrum and stated they are thinking in terms of building a place for the pastor to live and reiterated that they need all the land they have for future building and parking. Mayor Pugh ascertained that there were no further comments from the floor: MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Councilman Fulton, Mr. Perry advised that there are very few other parcels in the area that would be suitable for a neighborhood park, without moving residences and the accompanying costs of relocating families. He stated the area proposed is one of the high- ' est density areas of the City, with apartments and single family residences making up the bulk of the neighborhood. He noted the area is a good location for a park and felt the 10 foot easement was essential to obtain the best use of the park. Councilman Demsher feels this piece of property is preferable to any others the City has considered in the area. He noted the neighborhood park is badly needed and he would be opposed to considering other sites as he feels this is the best lo- cation available. Council discussed the matter and concurred that the property under consideration is the best possible site for the proposed park, and will be accessible to the greatest number of people. Mr. Kirkby asked to make one further comment and was allowed to do so. He inquired as to the possibility of the use of the parcel west of the Seventh Day Adventist church on East Cypress. Council concurred this would be a very dangerous location as it would entail crossing East Cypress Avenue. Resolution MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 80-180 be adopted, a resolution of 8/4/80 299 the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of fee title to certain parcels of real property for a public improvement to wit, for Foxtail Court Park (owned by Pentecostal Church of God of America and David M. Mandel) . Voting was as follows : .11 Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 80-180 is on file in the office of the City Clerk. NOTICE OF COMPLETION - Site Development for Sulphur Creek Substation MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting completion of the site development for Sulphur Creek Substation, Bid Schedule No. 1164 , as being com- pleted satisfactorily, and instructing the City Clerk to file a notice of completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Eastside Road Water Line from Hospital Lane to Radio Lane MOTION: Made by Councilwoman Gard, seconded by Councilman J j Kirkpatrick accepting completion of the Eastside Road water line from Hospital Lane to Radio Lane, Bid Schedule No. 1212 , as being completed satisfactorily, and instructing the City Clerk to file a notice of completion. The Vote: Unanimous Ayes 111 AWARD OF BID - Bechelli Lane Interceptor Sewer MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council makes the following findings re the con- struction of the Bechelli Lane interceptor sewer: 1. Project is compatible with the Redding General Plan; (.1 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 Board of Administrative Review on June 18, 1980 . The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick, that Bid Schedule No. 1224, Bechelli Lane inter- ceptor sewer, be awarded to Drumm Construction on their low bid in the amount of $340, 132. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, 111 and Pugh Noes: Council Members - None Absent: Council Members - None AWARD OF BID - 12 KV Underground Distribution Feeder Circuit Extension at Canby Substation MOTION: Made by Councilman Demsher, seconded by Councilman { 8/4/80 I 300 Kirkpatrick that Council makes the following findings re the construction of 12 KV underground distribution feeder circuit extension at Canby Substation: 1. 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 Board of Administrative Review on April 9, 1980. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1226, 12 KV underground distri- bution feeder circuit extension at Canby Substation, be awarded to Drumm Construction on their low bid in the amount of $27 , 500 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None ACCEPTANCE OF IMPROVEMENTS AND STREETS - Scarbrough Industrial Park MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting the improvements in Scarbrough Industrial Park, as being completed satisfactorily, and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous Ayes It.vwas noted that the developer has submitted an approved main- tenance bond in the amount of $20 , 000 for a five year period to guarantee satisfactory operation of a section of the sanitary sewer which was installed at a less than minimum grade . Resolution - Accepting Street MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 80-181 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and j, operation Danyeur Road in Scarbrough Industrual Park. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard; Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-181 is on file in the office of the City Clerk. ORDINANCE - re Parking Meter Rates City Attorney Hays advised Council that an ordinance has been prepared to effect the new on-street parking meter rates adopted byCouncil at its meeting of 21, 1980, and recommends its July )° approval. He noted that in the previous ordinance there was no difference between street parking and lot parking; in the new ordinance there is a difference. Councilman Demsher offered Ordinance No. 1505 for first reading, an ordinance of the City Council of the City of Redding amending 8/4/80 .-. ._ _. ... .r, 301 Chapter 11. 28 of the Redding Municipal Code by repealing Section 11. 28 . 060 and substituting therefor a new Section 11. 28 . 060, pertaining to parking meter rates, time limits , and hours of operation. ORDINANCE - re Establishing Speed Limits on Certain Streets 3 {� City Attorney Hays advised Council that an ordinance has been �� prepared to establish the new speed limits which were approved by Council at its meeting of July 21, 1980, and recommends its approval. Councilman Kirkpatrick offered Ordinance No. 1506 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11. 12 of the Redding Municipal Code by adding to Section 11. 12. 010, subparagraph B, designated speed limits established for certain additional streets within the City . AGREEMENT AMENDMENT - Joint Exercise of Powers Agreement for Fire Protection Service within Boundaries of Buckeye Fire Protection District City Attorney Hays reviewed his memorandum to Council dated July 31, 1980. He stated that under the existing Joint Powers rl�� Agreement, the City provides fire protection services to Buckeye I but fire prevention activities are not covered. Buckeye has now adopted the Uniform Fire Code, and this proposed amendment permits our fire prevention officers to enforce the provisions of the Uniform Fire Code within that District ' s boundaries . Mr. Hays recommends approval and execution of the Agreement. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving Amendment No. 1 to Joint Exercise of Powers Agreement for Fire Protection Service within the Boundaries of the Buckeye Fire Protection District, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes RESOLUTION - re Agreement with Southern Pacific - Construction of South Bonnyview Trunk Sewer Line City Attorney Hays reviewed his memorandum to Council dated July 23, 1980. He stated he has reviewed the subject Agreement and, at the request of Project Engineer Bob Hastings , is submitting a resolution to Council approving said Agreement and authorizing . its execution by the Mayor. Mr. Hays recommends its adoption. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 80-182 be adopted, a resolution of the City Council of the City of Redding approving and authorizing 0 V1 execution of an agreement with Southern Pacific providing for construction of South Bonnyview Trunk Sewer Line beneath tracks near Girvan Road. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 80-182 is on file in the office of the City Clerk. LEASE AMENDMENT - California Highway Patrol at Benton Airpark MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving an Amendment to Lease between the City of Redding and the Department of California Highway Patrol, sub- stituting a revised "Exhibit A" , made necessary by a modification 8/4/80 i a 1 ' 302. of the actual leasehold area. The Vote: Unanimous Ayes At the hour of 8 : 10 P.M. , Mayor Pugh recessed the Council meeting for the purpose of holding the Redding Housing Authority meeting. At the hour of 8: 20 P .M. , the meeting was reconvened. EXECUTIVE SESSION - re Pending Litigation City Attorney Hays requested an Executive Session for the purpose of discussing pending litigation. Mayor Pugh declared this an urgency matter. At the hour of 8: 23 P.M. , Council went into Executive Session. At the hour of 8: 30 P.M. , the meeting was reconvened City Attorney Hays recommended that, in the condemnation action 9.) between the City of Redding and Lowell J. and Marilyn A. Simons (Case #59935) settlement be made in the amount of $5400 , which includes purchase of the land for the Eastside Interceptor Sewer Line Easement and any consideration for severance damage. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Applications for Alcoholic Beverage Licenses: c�, Mandarin Restaurant, 2139 Hilltop Drive 1 JoJi ' s Restaurant & Ice Creamery, 1135 Pine Street Civil Aeronautics Board Applications: ' ISS Republic Airlines, Inc. ADJOURNMENT There being no further business, at the hour of 8: 35 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: Mayor ATTEST: ity Clerk 1