Loading...
HomeMy WebLinkAboutMinutes - City Council - 1981-05-18 172 City Council Regular Meeting Police Dept. & Council Chambers Redding, California May 18 , 1981 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Public Works Director Arness. The invocation was offered by Pastor Ben Franklin, of Bethel Church. The meeting was called to order by Mayor Pugh with the follow- ing Council Members present: Demsher, Fulton, Gard, and Kirkpatrick. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Superintendent-Electric Mix, Director of Parks and Recreation • Riley, Assistant City Engineer Lang, Senior Electric Engineer Lindley, Electrical Engineer Baysinger, Traffic Engineer Hamilton, Airports Manager McCall, and City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of May 4 , 1981, as mailed to each Council Member. The Vote : Unanimous Ayes Mayor Pugh announced at this time that the agenda item con- cerning Valentine Lane, which was originally scheduled for this evening, has been removed due to incomplete information to compile an adequate report. He announced that this item will be heard on June 1 , and apologized for any inconvenience caused by this change. WRITTEN COMMUNICATIONS Communication from Ken Murray - re Committee to Further Attract Desirable Industry to Redding Ken Murray, 3295 Forest Hill Drive, was present to advise Council of a recently formed committee to further the goal of attracting desirable industry to the City of Redding in order to counteract the high unemployment rate. Mr. Murray explained that a group of interested people have gotten • together to discuss this matter and have formed the �� Redding Area Development Committee. He noted that three `y subcommittees have also been formed to determine what the Redding area has to offer a clean industry, the political processes involved, and to develop a brochure describing the benefits of locating in Shasta County. He noted that the RADC has the endorsement of the Shasta County Board of Supervisors, the Realty Board, and the Chamber of Commerce. Mr. Murray stated that after contacting several executives of electrical industries in Southern California, the Committee found that before relocating, five factors are considered: 1) Political Climate (whether or not they are wanted in a community) 2) Social Climate 3) Availability of Work Force 4) Affordable Housing 5) Availability of Uninterrupted Power ti _ 173 Mr. Murray feels that this area has everything that is desirable to attract clean industry. He requested that Council take an affirmative position for the efforts to attract desirable industry to the City for the purposes of reducing the high unemployment rate. He also requested an opportunity to come back to Council at its next regular meeting with a specific proposal. Mr. Murray noted that the Committee has been working with Bob Cooper of the Economic Development Corporation and .. that Mr. Cooper is present this evening to answer any questions Council may have regarding the E.D.C. Mayor Pugh complimented the Committee for its efforts and said that Council is in agreement with these efforts and will work with the Committee. Councilwoman Gard expressed the hope that this Committee will not request local government to change standards in any way and stated that City standards should apply to everyone who desires to come into the City. Mr. Murray assured Council that the Committee has no intention of reducing standards. He noted that the City staff has been very cooperative and that the City' s permit processing time is one of the fastest in the State. He stated that the Committee has no intention of expecting the City to take a "roll over and play dead" position. Councilman Kirkpatrick said the Committee is doing• a good job but has barely scratched the surface with the electri- cal industry and that other clean industry should also be considered. Mr. Cooper, 1100 Pinewood Court, from the Economic Devel- opment Corporation, stated their organization has just started working with the Redding Area Development Commit- tee and supports their efforts. They do have one staff member on contract working on the brochure and map dis- cussed by Mr. Murray. Councilman Demsher stated that the E.D.C. has been very effective and helpful and that the community needs to keep in mind that E.D.C. and Mr. Murray are working together and that the City also wishes to be very cooperative. Mr. Demsher suggested that the Committee meet with staff regarding the availability of resources, etc. and Mr. Murray advised that they have had some discussions with staff regarding these matters. Mr. Murray submitted an Electronics Assembly Survey conducted by the Mountain Lakes Industrial Park to deter- mine the potential labor pool for electronic component assembly in the Redding Area. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher supporting the efforts of the Redding Area Development Committee to further the goal of attract- ing desirable, clean industry to the City of Redding, and allowing time on the next City Council agenda to present its specific proposal. The Vote : Unanimous Ayes 5/18/81 174 PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-3-81, by Everett Whitney The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re appeal of Tentative Subdivision Map S-3-81, by Everett Whitney. The following documents are on file in the office of the City Clerk : Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing • The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 15 , 1981 . He stated that the Planning Commission unanimously granted the Q, applicant permission to create 38 lots on property 1® located southwest of Lake Boulevard Subdivision. The developer' s engineer has appealed condition No. 26 , which required dedication of the area at the southeast portion of the property. A map of the area was shown on the Vu Graph and Mr. Perry noted that the EIR concerning the project was previously submitted. Mr. Perry stated that condition No. 26 was required based . on the master plan submitted by the applicant, mitigation measures in the EIR, difficulty of access to the area, cost of maintenance to the public of a long road for a few lots , fire hazard, erosion control, and the relationship of the area to previous open space dedication. Since several of the lots initially applied for extended into . this area, it was the opinion of both the Commission and staff that this phase of the project is a logical time for this dedication. Mr. Perry advised that the 38-acre subdivision is part of a 139-acre parcel that lies on both sides of the creek in Sulphur Creek Canyon. The subject property lies below the ridge on which Lake Boulevard Subdivision and the first unit of Golden Heights Subdivision has been developed. Slopes range from moderate to severe. The General Plan was amended for the property in 1971 and increased the permitted density from 46 units to 184 units. The amendment was the subject of EIR-5-79 . Major issues addressed in the EIR were density, water quality, traffic through Lake Boulevard Subdivision, growth induce- ment, and development in steep slope and flood plain areas. Mr. Perry advised that both the Bella Vista Water District and the Department of Fish and Game were very concerned with the impact of development along Sulphur Creek upon wildlife values and water quality. The intent of the General Plan was to cluster development to preserve open space and to create a riparian corridor ` along Sulphur Creek. 1 The applicant was asked to submit a master plan for the property for the purpose of evaluating street patterns, the relationship of lots to topography, the implementation of mitigation measures identified in the final EIR, and to 5/18/81 175 assure conformance with the General Plan. The master plan illustrates the maximum number of lots that can be devel- oped on the property north of Sulphur Creek. Mr. Perry advised that the area proposed to be dedicated has a potential for 14 dwelling units based on usable area; these units have been transferred to the total units allowed for the project. In order for the Commission to approve the subdivision, it had to find that changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR and that the subdivision conforms to the General Plan. It is the recommendation of staff that the appeal be denied for the reasons outlined above and that the action of the Planning Commission be upheld. Everett Whitney, 933 Golden Heights Court, stated that in 1966 , he purchased this 185 acres of property and down- zoned 10 . 3 acres near the entrance of the property because he felt it was .the most aesthetic use of the land. He said that of this 38-acre subdivision, staff is asking that he dedicate approximately 17 acres of land for park purposes. He explained that the 17 acres in question is hillside property not suitable for park use and would be of no use to the citizens of Redding. Mr. Bob Rehberg, attorney representing Mr. Whitney, questioned the requirement that a 17 acre piece of land be dedicated to the City for park purposes. He stated that the use of the land is unclear. He stated that the Subdivision Map Act states that in a subdivision of less than 50 units , dedication of park land cannot be required but rather, in-lieu park fees would be required. He stated that the amount and location of the park land is totally out of proportion to the project. He stated that open space areas are required in addition to the 17 acre piece and felt that the conditions of said dedication are uncertain. • Mr. Rehberg summarized the position of the developer as follows : 1) The 17 acre dedication cannot be supported by ratio of need and urges Council to delete this condi- tion, and 2) The uncertainty of the open space dedication. Mr. Rehberg stated that from his standpoint, he feels said dedication is a violation of the Redding Municipal Code and the Subdivision Map Act. In response to an inquiry from Councilman Kirkpatrick, Mr. Perry advised that the first master plan was submitted by the applicant two or three years ago, before the EIR process . The second plan, he advised, was submitted around the end of last year. Brent Owen, 1867 Victoria Avenue, stated he has developed an adjacent subdivision in this area. He feels that Mr. Whitney has a legitimate, well-laid out subdivision but expressed concern that the knoll under Oleta Drive not be developed. Mr. Owen feels it is the intention of the General Plan that gullies and ravines be retained for riding and hiking trails and that the green areas should be preserved. He feels that the Subdivision Map Act supports the denial of this appeal. 5/18/81 176 Chuck Zink, 3255 Panorama Drive , stated he paid a high price for his property because of the view below him. He objected to the map sent with the Notice of Public Hearing as it did not delineate surrounding streets. Mr. Zink objected to the additional traffic generated by this subdivision and questioned the availability of fire protection. Dean Nelson, 650 Oleta Drive, agreed with Mr. Zink that the maps are not good and stated he would like more details about what is being developed on property below them. Mr. Rehberg returned to the podium and stated that, while he can understand the concerns of the property owners above, Mr. Whitney' s property is private property. He stated the appeal deals with the use of the dedicated 17 acre parcel and noted that it is a financial and property right problem for Mr. Whitney. Mr. Zink returned to the podium and stated there is no way to handle the traffic other than to come through the subdivision in which he lives. Howard Schlemmer, stated he recently moved into the Panorama Subdivision and agrees with Mr. Zink. He likes the surrounding area and would like to keep it as it is. Mr. Owen asked that Mayor Pugh ask for a show of hands of those present who oppose the subdivision. Mayor Pugh advised that the subdivision is not in question this evening but rather the appeal of the requirement to dedicate land for open space. He advised that the sub- division has been approved by the Planning Commission. • Kip Lee, 1797 Kenyon Drive, encouraged everyone who wished to address Council , to do so. Bill Smith, 3355 Panorama Drive, stated he enjoys the green belt and would like to see it maintained as a greenbelt as much as possible for the aesthetic quality it offers. MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that the public hearing be closed. The Vote : Unanimous Ayes In response to an inquiry from Mrs. Gard, Mr. Perry advised that if this property is not dedicated to the City but is sold, and a request comes back for 14 additional units on the property, this would take a general plan amendment, unless the 14 units were deducted from Mr. Whitney' s plan. Mr. Perry clarified that condition No. 26 states that the area in question is to be dedicated for open space, flood plain and trail purposes. This is not a dedication for parks. He further noted that the other open space discussed by Mr. Rehberg would be open space easements and are a standard requirement. In response to an inquiry from Mr. Demsher, City Attorney Hays advised that because of the incremental increases of the subdivision, it would be considered 50 units or more and noted that open space and park land dedication are two different things . 5/18/81 177 Mrs. Gard feels that the City has consistently required this type of open space dedication. Councilman Demsher concurred with Mrs . Gard and does not feel there is anything unusual about this requirement. Councilman Fulton noted that the City does not usually ask for land that can be used for other purposes. Mrs . Gard noted that this is an isolated area and that the density credits were transferred and therefore the developer did not lose any units. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher denying the appeal of Everett Whitney that condition No. 26 , re Tentative Subdivision Map S-3-81 , be deleted, and that the Planning Commission action be upheld. The Vote : Unanimous Ayes PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-5-81 by Fred Marty and Don Howard Mayor Pugh abstained from voting and discussion on this item. The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re the appeal of Tentative Subdivision Map S-5-81 by Fred Marty and Don Howard. The following documents are on file in the office of the City Clerk. Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 15 , 1981. He stated that the Planning Commission unanimously approved the subdivision of 155 acres located along Quartz Hill Road into 141 lots. A map of the area was shown on the Vu Graph and Council was given a list of the conditions of • approval. Previously submitted was EIR-5-79 concerning the project. Mr. Perry advised that subsequent to the Commission' s action, the applicant appealed the location of four of the lots on the property. As proposed, 141 lots would be created on the 155 acres , with the gross density being . 9 units per acre. The net density based on usable area is 2 . 86 units per acre. He stated that some interpretation was made by both the Planning Commission and staff on the maximum density since the more detailed topographic maps now available illustrate more usable area on the site than was previously thought to exist. This is primarily near Sulphur Creek. This interpretation resulted in a gain of about twenty-one lots to the developer. Primary access to the property would be from Quartz Hill Road. Secondary access would be fron a future crossing of Sulphur Creek. Adjacent to the property, Quartz Hill Road would be widened. Mr. Perry advised that unlike Lake • Redding Estates, the Commission did not require sidewalks on Quartz Hill Road, rather they felt a special benefit 5/18/81 178 district should be formed for all property tributary to Quartz Hill Road to participate in sidewalk construction and traffic signals. In their appeal , the developers are asking that two lots each be allowed in Areas 1 and 3 marked on the map which is hereby made a part of these minutes by reference. In Area 1, the applicants propose to create two lots with access via a gravel road running along Sulphur Creek from the vicinity of Lot No. 81. In Area 3, the applicant wishes to create another two lots with access via a graveled road along Sulphur Creek from the vicinity of Lot No. 88 . It should be noted, that the tentative map originally submitted did not show lots in the two areas. They were requested later during the review process . Mr. Perry stated that in reviewing the requests , it is the opinion of both the Planning Commission and staff that the development of lots in Areas 1 and 3 deviates too far from the intent of the General Plan Amendment and the mitigation measures of the EIR which were to cluster development, to preserve open space and to create a riparian corridor along Sulphur Creek. The applicant has not lost units as a product of the relocation of these areas. In fact, by interpretation they gained additional lots. Graveled roads along Sulphur Creek would create additional sedimentation in the creek and dust which would be to the detriment of the lots behind which the roads would be located. Mr. Perry reviewed several other conditions which Council should consider if it approved these lots. Mr. Perry explained that although the applicants stated to the Commission that they would be willing to provide paved access to the lots , it was the opinion of the Commission that roads along the creek were inconsistent with the intent of the General Plan for the area. He stated that access to area 3 could be developed from the north, however, the applicant chose to subdivide this area ahead of development of the other property and provision of alternate access. In approving the tentative map, the Commission had to find that the subdivision conformed to the General Plan and that changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. It is the opinion of staff that the Commission could not have made the finding for the four lots based upon their proposed access. It is the recommendation of staff that the appeal be denied and the action of the Commission be upheld. Mr. Perry also noted that a letter was submitted to Council preceding this meeting from James Fisher, attorney for the developers, outlining the areas of concern and listing some proposed solutions. James Fisher, 1347 Walnut, stated that in regard to the open space concept, the dedications proposed consist of 63 acres, not including the four lots. As far as "cluster development" is concerned, Mr. Fisher feels that the impact would be less as proposed by the developers than 5/18/81 179 the smaller lots in the majority of the project. In regard to the riparian corridor, Mr. Fisher felt it will • remain intact. The concern expressed by staff of the garbage pickup problem, he felt was very insignificant and could be resolved. He estimated that the developers would lose approximately $360 ,000 in dedicated open space and 11 felt there are other solutions. Mr. Fisher stated that the developers are willing to work with staff to relocate the road to accommodate the two lots to the south. In regard to the two northern lots , he suggested that they be approved on the provision that they gain access from the north. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes with Mayor Pugh abstaining Mr. Perry advised that access from the north was not considered by the Planning Commission. In response to an inquiry from Mrs. Gard, City Attorney Hays advised that if this matter is referred back to the Planning Commission, the basic issue of the appeal must be addressed and not the access from the north. She then asked if any conditions previously discussed by the Planning Commission may be imposed by Council , and Mr. Hays advised that they may. Councilman Kirkpatrick felt that Council was in agreement that the appeal concerning the southerly lots (Area 1) • should be denied. MOTION: Made by Councilman Kirkpatrick , seconded by Councilwoman Gard denying the appeal concerning the southerly lots in Area 1, and that the action of the Planning Commission be upheld. The Vote: Unanimous Ayes with Mayor Pugh abstaining Councilwoman Gard stated she does not agree with the Planning Commissions action not to require sidewalks on Quartz Hill Road as this is inconsistent with the require- ments of other developers in this area and felt that the developers should contribute to the cost of a traffic signal on Quartz Hill Road. Mr. Perry advised that the Commission felt that sidewalks should be required on the streets within the subdivision with a benefit district to be formed for the sidewalks on Quartz Hill Road. Councilman Kirkpatrick said that if the appeal concerning Area 3 is referred to the Planning Commission for their consideration of access from the north, Council should also recommend reconsideration of the requirement for sidewalks and donation to a traffic signal on Quartz Hill Road. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the appeal concerning Area 3 be referred back to the Planning Commission for consideration of access from the north, and the imposition of requirements for sidewalks, curb and gutters along Quartz Hill Road, and that the developers be required to pay a pro rata share of traffic signals on Quartz Hill Road. The Vote : Unanimous Ayes with Mayor Pugh abstaining 5/18/81 180 PUBLIC HEARING - re Appeal of Use Permit UP-15-81, by David C. Burt The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re appeal of Use Permit UP-15-81, by David C. Burt. The following documents are on file in the office of the11 City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The City Clerk advised that no written protests have been �' received. ' Planning and Community Development Director Perry reviewed his memorandum to Council dated May 14 , 1981. He stated that the Planning Commission unanimously granted Robert Ford permission to operate a lube and oil change operation within an enclosed building on property located at 2945 Churn Creek Road. Subsequent to that meeting, Mr. Burt, the new operator of the business, appealed the action of the Planning Commission. A map of the area was shown on the Vu Graph. The draft negative declaration and letter of appeal were submitted to Council . Mr. Perry advised that issues raised by the Planning Commission were compatibility, precedent-setting effect, appearance, and loss of parking. With respect to compat- ibility with the land-use designation, it was the opinion of both the Commission and staff that the proposed port- able rack is incompatible. He advised that uses within the "C-1" and "C-2" zones are generally required to be entirely within a building. The type of use proposed by the applicant would normally be allowed outdoors only in "C-3" areas. Mr. Perry noted that a similar operation was recently established on Locust Street across from Ward' s; however, it is located entirely within a building. Mr. Perry said the Commission was also concerned with the precedent-setting effect of an outside use as this would be a significant change from past policies and could open the door to similar uses such as brake repair, produce sales, pottery sales , art sales, etc . , in other areas . From an appearance standpoint, the rack would be directly visible from and adjacent to Hartnell Avenue and the Commission felt that this type of use should be located entirely within a building. Mr. Perry advised that without changing the layout of the parking lot, the existing center would be 16 spaces below Code requirements with the rack. If the property owner were so inclined, the lot could be changed to perpen- dicular parking to accommodate this type of operation and a lube facility such as the one on Locust Street could be developed. In reviewing the appeal, it is the opinion of staff that the issue is between the applicant to whom the permit was issued and the new operator. Both the applicant and the property owner accepted the permit as approved by the Commission. 5/18/81 181 It is the recommendation of staff that the appeal be denied and the action of the Planning Commission be upheld. Mr. David Burt stated this is an appeal to alleviate as much overhead expense as possible so that he may remain in business and provide a reasonably priced service to the community. He said he could be considered an accessory use to the shopping center. He noted that the picture given to Council was of a temporary structure and not the one he intends to use permanently. In regard to the parking, he stated there are several cars parked in the lot with "For Sale" signs on them, and if these were removed, parking would be adequate. He asked that if Council could not approve his business as it is , to give him some time to provide the City requirements. Mike Braden, representing the property owner, stated they plan to meet all the conditions placed on them by the Planning Commission. Howard Taylor, 530 Loma Vista, stated that his business has been required to meet City standards and feels that the restrictions and requirements placed on other businesses should be imposed on all . In response to an inquiry from Mayor Pugh, Mr. Burt stated he was not able to supply the Planning Commission with pictures of his permanent structure as the structure was out of town. Mr. Perry noted that Mr. Burt did not let his position be known regarding a permanent structure until after the • appeal had been made. City Attorney Hays advised that the structure must comply with the conditions of the Use Permit. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing be closed. The Vote : Unanimous Ayes Mr. Perry advised that he has seen the structure referred to by Mr. Burt and that it is basically the same as the one in use now, with no solid sides. Councilman Kirkpatrick stated that although he is sympa- thetic with Mr. Burt' s situation, the standards and requirements of the Planning Commission should be upheld. Mrs. Gard asked about the possibility of placing the rack on "C-3" property and Mr. Perry advised that even so, he would be required to have some screening and a Use Permit. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the appeal of Use Permit UP-15-81, by David C. Burt, be denied and the action of the Planning Commission be upheld. Voting was as follows: Ayes : Council Members - Demsher, Gard, Kirkpatrick, and Pugh Noes : Council Members - Fulton Absent: Council Members - None 5/18/81 182 PUBLIC HEARING - re General Plan Amendment Application GPA-2-81, by R. C. Roberts Company The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re General Plan Amendment Application GPA-2-81, by R. C. Roberts Company. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 5/14/81 5 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 14 , 1981. He stated that the Planning Commission unanimously recommended amendment of the Redding General Plan for 160 acres located south of Caterpillar Road, west of Highway 273, and north of Lake Boulevard. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council. Mr. Perry advised that the present General Plan classifi- cation is Industrial in the northwest corner, Residential , 3. 5 units per acre in the southwest corner, and Greenway. As requested, the property would be classified as Resi- dential , 3.5 units per acre, Residential , 6 . 0 units per acre and Greenway. A total of 690 units are proposed on 160 acres for an average density of 4 . 3 units per acre. Of the 690 units , 269 have already been developed and another 205 have been approved for development. It is the recommendation of the Planning Commission and staff that the General Plan be amended as requested. It is the opinion of staff that the densities requested are a reasonable use of this property; the present General Plan would only allow twenty units on the property. It is further recommended that, under the City Attorney' s portion of this agenda, a resolution be adopted approving GPA-2-81. MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick approving the recommendation of the Planning Commission and staff that GPA-2-81, by R. C. Roberts Company, as hereinabove stated. The Vote : Unanimous Ayes PUBLIC HEARING - Abandonment Application A-9-80 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Abandonment Application A-9-80. $1\ The following documents are on file in the office of the City Clerk : 5/18/81 183 Affidavit of Posting - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 5/14/81 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 14 , 1981. He stated that the Planning Commission unanimously recommended abandonment of portions of Mary Street; between Overhill Drive and the Southern Pacific spur track in exchange for a pedestrian easement and street improvements on Mary Street. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council. Mr. Perry advised that this section of Mary Street is an 80-foot wide paper street. He said a storm drain pipe releases water into the right of way and has created a small washout below the outlet. The lower portion of the right of way is used for pedestrian access. Concerns expressed to the Planning Commission were preservation of pedestrian access to the Sacramento River and loss of a vista overlooking the Sacramento River. As recommended, property would revert to property owners on the west and east of the abandonment, while a 115 square foot easement would be obtained by the City for pedestrian access. In reserving the center portion of the right of way, it was the intent of the Commission to reserve the possibility of pedestrian access to the • river and to retain a view. In the future , Mr. Perry advised, it will be necessary to construct a storm drain through the area. It is the recommendation of the Planning Commission and staff that the abandonment be approved in accordance with the map submitted to Council which is hereby made a part of these minutes by reference, in exchange for the ped- estrian easement and street improvements on Mary Street. It is further recommended that the City Attorney be instructed to prepare a resolution for abandonment and ratification of the negative declaration after receipt of a deferred improvement agreement and a deed for the pedestrian easement. Mrs. Vi Kiaseen, 595 Mary Street, stated that even though this plan preserves access to the vistas , it allows increased density on the property and interferes with the views of the river. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote : Unanimous Ayes Councilwoman Gard expressed concern regarding the increase in the number of units that could be built on the properties. In response to an inquiry from Councilman Demsher, Mr. Perry advised that approximately 50% of the proposed abandonment is fairly level. 5/18/81 184 Councilman Fulton noted that adjacent property owners who will receive this abandoned property have much to be gained. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated re Abandonment Application A-9-80 , by James Wells and Nancy Downing. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick , and Pugh Noes : Council Members - Fulton and Gard Absent: Council Members - None PUBLIC HEARING - re Abandonment Application A-2-81 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Abandonment Application A-2-81. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 5/14/81 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 14 , 1981. He stated that the Planning Commission unanimously recommended abandonment of a portion of Lichen Avenue located south of Hawn Avenue. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council . Mr. Perry advised that commercial development on Hartnell Avenue and the proximity of the street to Shasta View Drive have eliminated the need to reserve this extension for future residential development between Hawn Avenue and Hartnell. If abandoned, Parcel 1 would revert to the property owner on the east, Parcel 2 would revert to the property owner to the west, and Parcel 3 would revert to both property owners. Mr. Perry advised that the City initiated the abandonment proceedings for the entire street, since there was no public need for the right of way. After initiation of the proceedings , the owners of the two lots on Hawn Avenue affected by the abandonment, Mr. Bult and Mr. Ramsey, submitted letters objecting to the abandonment. Their main objections were taking responsibility for and paying taxes on a piece of property they don' t want or need. Since then, both owners have agreed to the abandonment of Parcel 3 and that they intend to quitclaim their interest to the property owner to the south. It is the recommendation of the Planning Commission and staff that Council approve the abandonment of Parcel 3 as • outlined above and that a resolution be adopted abandoning the right of way and ratifying the negative declaration. 5/18/81 185 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated re Abandonment Application A-2-81. Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-88 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Lichen Avenue south of Hawn Avenue (A-2-81) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-88 is on file in the office of the City Clerk. At this time , Mayor Pugh asked that two agenda items be con- sidered out of order--the report re County General Plan Amend- ment and the report re method of establishing rates for Cable TV. COUNTY GENERAL PLAN AMENDMENT - GPA-2-81 , Murray Farms • Mayor Pugh abstained from voting and discussion on this item. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 18 , 1981. He stated that a notice of general plan amendment had been received from Shasta County and Council was given a copy. Mr. Perry advised that initially staff had not planned to comment on the proposed amendment since it had commented previously; however, the form notes that if no response is received, it will be assumed that the City approves the project. Due to this and the previous controversy concerning the project, staff felt that the matter should be referred to Council for consideration. Mr. Perry advised that the comments the Planning Department previously submitted generally addressed the following issues : 1) Density, 2) Relationship to Airport, 3) Spot General Plan 411 Amendment, 4) Sewage Disposal, and 5) Timing. Mr. Perry explained that while staff feels that these issues are still valid, it is felt that many of the concerns can be resolved through the joint general plan amendment now in progress. This joint plan amendment was initiated by the County and now it appears that a portion of the agreed upon plan area is to be precommitted by this application. Mr. Perry stated that staff is also concerned with the fact that pursuant to an agreement adopted between the Board of Supervisors and the City Council in 1977, several General Plan amendments prepared by the City are not being processed by the County. It is the recommendation of staff that Council need not take either a pro or con position on the specific general plan amendment. Rather, it is staff' s opinion that the amendment should be done as part of the Municipal Airport Plan which will provide a better basis for decision making in this area. Councilwoman Gard expressed concern regarding the apparent problems in the County planning processes. She noted that the City and County should work together to protect the Airport as a primary concern. 5/18/81 186 Councilman Demsher said the Airport serves three or four counties in this area and it is in the interest of all to preserve it. Councilman Kirkpatrick agreed with Mr. Perry that the City should not pre-empt the planning efforts now going on. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick requesting that the County make no decision on General Plan Application GPA-2-81 , Murray Farms , until the joint planning effort for the Municipal Airport Plan is completed. The Vote : Unanimous Ayes with Mayor Pugh abstaining ESTABLISHMENT OF RATES FOR CABLE TV City Attorney Hays reviewed his memorandum to Council dated May 13 , 1981, in response to a letter from Viacom Cablevision dated April 13 , 1981. He stated that under Chapter 6 . 40 , the City of Redding is authorized to issue franchises on a non-exclusive basis to construct, operate and maintain a CATV system. Currently that system is being operated by Viacom Cablevision. The rates now established for Viacom are approved by Council after reviewing a submittal indicating that a particular rate is needed to return a profit by the franchise holder. An additional communication dated May 13 , 1981 from Viacom, was also submitted to Council. Mr. Hays advised that Viacom has proposed that this method of establishing rates be abandoned in favor of a rate adjustment formula, which will allow them to increase their rates on an annual basis, without Council approval , by ten percent per year or by the amount of increase of the Consumer Price Index from the San Francisco-Oakland area for the preceding twelve months, whichever is less. Viacom also proposed other methods of establishing rates. The recently passed AB 699 was briefly discussed which would take rate-setting out of the hands of City Government. Councilman Kirkpatrick felt that not enough information is available to make a decision at this time and suggested that the matter be referred back to staff. Councilwoman Gard asked how AB 699 would be implemented, but this information was not yet known. She also suggested the matter be referred back to staff. Mayor Pugh suggested that in addition to the proposals sug- gested by Viacom that Council also consider making no change in the established procedure or, total deregulation by the City. Gerald Brown, 5797 Eastside Road, from Viacom Cablevision, stated this it is very complicated to bring a rate increase application before City Governments. He stated that under AB 699, they would be required to provide 20 channels of service , and he questioned the quality of reception, and whether the community and the industry are ready for this . He stated he has not heard of any abuses of deregulation and suggested possibly a partial deregulation could be con- sidered. He noted that under AB 699 , they would have problems. With the concurrence of Council, this matter was referred to staff for further information, to be brought back to Council at 5/18/81 187 its next regular meeting and Council Members Kirkpatrick and Fulton were appointed by the Mayor to work with staff on this matter. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 22 , check nos. 77292 through 77512 inclusive , in the amount of $733 , 916 . 76 , be approved and paid, and that Payroll Register No. 23 , check (Q� nos . 144571 through 145149 inclusive, in the amount of $385 ,644 . 94 , for the period April 26 , 1981 through May 9 , 1981, be approved. Total : $1,119 ,561. 70 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing William V. Wilburn - Claim filed 5/4/81 MOTION: Made by Councilman Kirkpatrick, seconded by 3 Councilman Demsher that Claim for Damages filed by William V. Wilburn on May 4 , 1981, be approved in the amount of $32 . 75. The Vote : Unanimous Ayes Claire McDermott - Claim filed 5/5/81 MOTION: Made by Councilman Demsher, seconded by Council- man Fulton that Claim for Personal Injury filed by Claire McDermott on May 5 , 1981, be referred to the City Insur- ��a ance Carrier and the City Clerk be instructed to place the claim on the agenda for June 15 , 1981. The Vote : Unan- imous Ayes Lee Lopez , attorney on behalf of Tommy Lee Clifton - Claim filed 5/12/81 MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that Claim for Personal Injuries filed by Lee Lopez , attorney on behalf of Tommy Lee Clifton, be referred I" to the City Insurance Carrier and the City Clerk be instructed to place the claim on the agenda for June 15 , 1981. The Vote: Unanimous Ayes Ronald O. Lyerla, attorney on behalf of Samuel A. McCall , Jr. Claim filed 5/13/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Claim for Injuries filed by Ronald O. Lyerla, attorney on behalf of Samuel A. McCall, Jr. , be /21 referred to the City Insurance Carrier and the City Clerk be instructed to place the claim on the agenda for June 15 , 1981. The Vote : Unanimous Ayes O.K. Chenoweth - Claim filed 5/13/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Damages filed by O.K. Chenoweth on May 13 , 1981 , be referred to the City Insur- ance Committee and the City Clerk be instructed to place the claim on the agenda for June 1, 1981. The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS City Attorney Hays advised that the following Claims have been settled by the City Insurance Carrier: 5/18/81 188 1) Jeffrey Douglas Dennis, and Phillip Hernandez , his attorney (Personal Injury) - Settled in the amount of $6 ,000. 2) Ronald Havnier and Philip Hernandez , his attorney, (Personal Injury) - Settled in the amount of $3,500 . ORDINANCE - re Rezoning Application PD-15-80 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the full reading of Ordinance No. 1543 be waived and the City Attorney be instructed to scan same. The Vote : Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman /4 Fulton that Ordinance No. 1543 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 (PD-15-80) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Abstain: Council Members - Pugh Absent: Council Members - None Ordinance No. 1543 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application PD-2-81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the full reading of Ordinance No. 1544 be waived and the City Attorney be instructed to scan same. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Ordinance No. 1544 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 (PD-2-81) . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Ordinance No. 1544 is on file in the office of the City Clerk . ORDINANCE - re Oversizing of Improvements and Reimbursements MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the full reading of Ordinance No. 1545 be waived and the City Attorney be instructed to scan same. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman I�C�D Fulton that Ordinance No. 1545 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 17 . 40 of the Redding Municipal Code by adopting new Sections 17 .40. 140 and 17. 40 . 150 , pertaining to oversizing of improvements and reimbursement. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick , and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1545 is on file in the office of the City Clerk . • 5/18/81 189IF__ , _ , _ _....._ . _ . , AWARD OF BID - Overhead Bare Aluminum Conductor MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Bid Schedule No. 1295 , overhead bare aluminum 63 conductor, be awarded to Graybar Electric on its low bid in the amount of $21, 557. 86 , sales tax included. Voting was as follows: II Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None REVENUE SHARING COMMITTEE HEARING - re Proposed Uses of Revenue Sharing Funds Assistant City Manager Courtney reviewed his memorandum to Council dated May 12 , 1981. He advised that on June 10 , 1981, at 11: 00 A.M. , in the main conference room at City Hall , the Revenue Sharing Committee will hold a public hearing on the .. 7 proposed uses of Revenue Sharing funds during the fiscal year beginning July 1, 1981. He stated that this hearing is one of the public hearings required by the Revenue Sharing Law. This was an information item only and no action was required by Council. ANNEXATION REQUEST NO. 81-8 - Henderson Road Planning and Community Development Director Perry reviewed his memorandum to Council dated May 15 , 1981. He stated that at its last meeting, Council authorized staff to prepare resolutions to commence annexation proceedings for property on Henderson Road. As proposed, the annexation included a portion of the parcels owned by Redding Transit Mix. Since that meeting, he advised, Redding Transit Mix has requested that the rest of their 3 property be included in the annexation. This additional areae , will entirely eliminate the island that now exists. oivote It is the recommendation of staff that Council adopt resolutions commencing annexation proceedings and agreeing to exchange property tax revenues for the amended boundaries. Resolution - Agreeing to Exchange Property Tax Revenues MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 81-89 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 81-8 to the City of Redding (Henderson Road Area) . Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-89 is on file in the office of the City Clerk. Resolution - Commencing Annexation Proceedings MOTION: Made by Councilman Demsher, seconded by Councilwoman II Gard that Resolution No. 81-90 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 81-8 , (Henderson Road Area) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 5/18/81 190 Resolution No. 81-90 is on file in the office of the City Clerk. RESOLUTION - re Deferred Payment Rehabilitation Loan Program MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-91 be adopted, a resolution of the City Council of the City of Redding authorizing the execu- S°11 tion of a standard agreement and other documents to secure a commitment of funds from the Deferred Payment Rehabilitation Loan Program of the State of California. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-91 is on file in the office of the City Clerk. REQUEST TO SELL BEER AT REDDING SOFTBALL PARK - Redding Softball League MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of the Parks and Recreation Commission that the Redding Softball League be allowed to sell ��9J3 beer during its Invitational Softball Tournament on May 22 , 23 , 24 , and 25 at the Redding Softball Park subject to the three conditions of approval. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - None At this time, Mayor Pugh noted that this is Traffic Engineer Hamilton' s last Council meeting as he is retiring effective May 29 . Council Members thanked Mr. Hamilton for his many years of service to the City and wished him well in his retirement. RESOLUTION - re Parking Prohibition on Portion of Mt. View Drive MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-92 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on the east side of Mt. View Drive for a distance of 80 feet south of the east curbline of Palo Vista Court. Voting was as follows: //3.6 Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-92 is on file in the office of the City Clerk. RESOLUTION - re Bus Stop on North Market Street MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-93 be adopted, a resolution of the City Council of the City of Redding establishing a bus loading zone on the west side of North Market Street immediately south 3 of the Bel Aire Motel. � � Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, 11 and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-93 is on file in the office of the City Clerk. 5/18/81 191 RESOLUTION - re Establishment of "Parking by Permit Only" in Parking Lot No. 3 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 81-94 be adopted, a resolution of the City Council of the City of Redding providing for "Parking by Permit Only" during the hours between 10 : 00 P.M. and 6 : 00 A.M. in Parking Lot No. 3 . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, X13 and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-94 is on file in the office of the City Clerk . REQUEST FOR APPROVAL OF BUS STOPS AND SCHEDULE CHANGE - John Hoeflich Traffic Engineer Hamilton advised that the Traffic and Parking Commission considered John Hoeflich' s request for approval of certain bus stops , and for a change in approved schedule from Sundays to Wednesdays and Fridays. The Commissioners decided that the requested change in schedule would pose some problems with certain proposed bus stop locations , particularly, those in the downtown area where parking is at a premium. Mr. Hamilton stated that the Commissioners pointed out the difficulty of marking and enforcing a bus stop location for use two days a 3 week, and permitting metered parking four days a week. -2� Mr. Hamilton advised that staff was requested to investigate the possibility of using existing red zones at fire hydrants , and to check with D'Amato' s and Arby' s for their comments on estab- lishing a bus stop on their frontage. The Chairman informed Mr. Hoeflich that that matter would be continued until the meeting of June 8 , 1981, for report and recommendation from staff. Mayor Pugh asked about the possibility of RABA receiving a reduction in Grant funds if this service is extended as requested. City Attorney Hays stated this will have to be reviewed. No action was taken at this time , as this was an information item only. LEASE AGREEMENT - Air Oregon Airports Manager McCall reviewed his memorandum to Council dated May 7 , 1981. He stated that Air Oregon, a commuter airline has requested that they be allowed to operate a scheduled airline out of Redding Municipal Airport. They propose to conduct two flights per day, and will fly turbo Metro aircraft carrying 19 passengers. Mr. McCall advised that Republic Airlines has agreed to handle ticketing and baggage at the Airport. Air SID Oregon will be given essentially the same lease agreement as WestAir and Century which would require a landing fee of 40 per thousand pounds of gross take-off weight or not less than $3 per landing. They will pay a security fee and furnish a $1, 000 bond or other form of security as approved by the City Attorney, for a period of six months. It is the recommendation of the Airports Commission and staff that the request be approved and the Mayor be authorized to execute the lease. 5/18/81 192 MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard approving the recommendation of the Airports Com- mission as hereinabove stated and authorizing the Mayor to execute the Lease Agreement with Air Oregon to operate from Redding Municipal Airport. The Vote : Unanimous Ayes AWARD OF BID - Security Fencing of Terminal Area at Redding Municipal Airport MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1293 , security fencing of 'I terminal area at Redding Municipal Airport, be awarded to Apex Fence Co. , Inc. , on its low bid in the amount of $31, 915 . 50 . The Vote: Unanimous Ayes ACCEPTANCE OF IMPROVEMENTS - Northwoods Planned Development MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting all improvements in Northwoods Planned Develop- ment, as being completed satisfactorily and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous Ayes ORDINANCE - re Prohibiting Alteration of Tire Marking Evidence on Parked Vehicles City Attorney Hays advised that an ordinance has been prepared D `1 at the request of the Police Department to aid in enforcing • limited parking provisions of the Municipal Code. It prohibits the removal of chalk marks on tires or any other alteration of evidence pertaining to length of time a vehicle is parked. Violation of this Ordinance will constitute an infraction. Councilman Demsher offered Ordinance No. 1546 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11. 04 of the Redding Municipal Code by adding thereto Section 11. 04. 150 , prohibiting alteration of tire marking evidence on parked vehicles. ORDINANCE - re Prohibiting Alcoholic Beverages in Parks City Attorney Hays advised that an ordinance has been prepared which adds South City Park as an area where possession or consumption of alcoholic beverages is prohibited without a QQ permit. He noted that the language in the ordinance provides v that it be declared an urgency measure and becomes effective 0'2' immediately upon adoption. It is the recommendation of the Parks and Recreation Commission and the City Attorney that this ordinance be adopted. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1547 be waived and the City Attorney be instructed to scan same. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Ordinance No. 1547 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 10 . 20 of the Redding Municipal Code by repealing Section 10 . 20. 046 and substituting therefor a new Section 10. 20. 046 , prohibiting possession or consumption of alcoholic beverages in Lake Redding, Caldwell Memorial, and South City Parks. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1547 is on file in the office of the City Clerk. 5/18/81 193 AGREEMENT - with SUHS District and The Center MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving an agreement providing for The Center to .21 operate the concession stand at the Enterprise swimming pool. The Vote : Unanimous Ayes LEASE AGREEMENT - SUHS District, re Premises at Cypress and Akard Avenues MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving a three year extension of a lease agreement allowing the Shasta Union High School District to occupy the 02 /4 premises at Cypress and Akard Avenues, known as the Fire Cache Building. The Vote : Unanimous Ayes RESOLUTION - Tract Restrictions, Redding Airport Park City Attorney Hays advised that Tract Restrictions were previously approved as an exhibit to the City' s Agreement with PGandE concerning their option to purchase 11. 62 acres within Redding Airport Park. Mr. Hays stated it appears appropriate t* that these Tract Restrictions be formally adopted by resolution and recorded so that we can refer to them as a public record in any future transactions . MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-95 be adopted, a resolution of the City Council of the City of Redding adopting Tract Restrictions for Redding Airport Park. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-95 is on file in the office of the City Clerk. RESOLUTION - re Supplement Agreements and Easement with S.P. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-96 be adopted, a resolution of the City Council of the City of Redding approving and providing 10 for execution of supplemental agreements and an easement agree- ment with Southern Pacific covering construction and maintenance of a drill track extension, an additional diverging spur turnout, and a related spur track at Mountain Lakes Indus- trial Park. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-96 is on file in the office of the City Clerk. RESOLUTION - re General Plan Amendments GPA-4-80 , GPA-1-81 and GPA-81 MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 81-97 be adopted, a resolution of 143 the City Council of the City of Redding amending the General 1 I Plan of the City of Redding by adopting General Plan Amendments GPA-4-80, GPA-1-81 and GPA-2-81. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-97 is on file in the office of the City Clerk. 5/18/81 194 At the request of the City Attorney, Council convened an executive session to discuss pending litigation. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications : Country Cooker (John, Robin & Robin II , Arkley) 2914 Churn Creek Road11 The Kangaroo' s Pouch (J. Mario & Sheila Serafin, and Gary Bright) , 1988 Park Marina Drive Hilltop Texaco (Robert Cahill) 800 East Cypress Avenue ADJOURNMENT There being no further business, at the hour of 10 : 45 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: o ATTEST: City Clerk 111 5/18/81