HomeMy WebLinkAboutMinutes - City Council - 1972-11-20162
City Council, Regular Meeting
Police Dept. & Council Chambers Bldg.
Redding, California
i November 20, 1972 7:00 P.M.
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The Pledge of Allegiance to the Flag was led by Finance Director
Courtney.
The invocation was offered by the Reverend Noble Streeter, Pastor of
First Presbyterian Church.
The meeting was called to order at 7:00 P.M. by Mayor Moty with the
following Councilmen) present: Anderson, Denny, Fulton, and Moty.
Absent: Councilman 'Chatfield
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Also present were City Attorney Murphy, Finance Director and
Personnel Director Courtney, Public Works Director A.rness, Planning
Director Harris, Police Chief Whitmer, Assistant City Engineer Lang,
Associate Civil Engineer Mathis, Associate Planner Owen, and City
Clerk Brayton.
APPROVAL OF MINUTES
MOTION: Made by Councilman Fulton, seconded by Councilman
Denny approving the minutes of the regular meeting of November 6,
1972, as mailed to each Councilman. The Vote: Unanimous Ayes
COMMUNICATIONS
State Board of Reclamation
169 A communication from the State Board of Reclamation
pertaining to flood control works was referred to the
Planning Director for review and recommendation to
Council.
A.r r etta W ebb
MOTION: Made by Councilman Anderson, seconded by
Councilman Fulton finding that public convenience and
(�A necessity requires the granting of a permit to Arretta
Webb to operate twelve vehicles in the name of Redding
Yellow CaV Company in the City of Redding for the year
1973. ThelVote: Unanimous Ayes
Redding A.mbulanc e Company
MOTION: Made by Councilman Anderson, seconded by
Q Councilman Fulton approving the request of Mary Strawn,
w �J owner of Redding Ambulance for transfer of ambulance
license from 1967 Chevrolet Ambulance, I.D. No.
CE157SI98401 to 1969 Oldsmobile Ambulance, I.D. No.
398609M147453. The Vote: Unanimous Ayes
Community Action Project - Resignation and Appointment
In a letter dated November 15, 1972, the Reverend John
(% V.. Albright, Sr., advised Council of his resignation as
the City of Redding representative on the Board of Directors
of Shasta County Community Action Project, effective
�l December 4, 1972.
MOTION: Made by Councilman Anderson, seconded by
Councilmari Fulton, accepting with regret the resignation
of Reverend Albright, and authorizing the Mayor to write
a letter of appreciation. The Vote: Unanimous Ayes
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A. communication was also received from Mary Ellen
Meader of the Shasta County Community Action Project
regarding Rever end.A.lbright's resignation and requesting
the appointment of a representative to replace Reverend
,Albright. - -
Mayor Moty submitted the name of Mrs.. Isaac Lowe for
consideration as the City's representative on .the SCCA.P
Board of Directors, noting that Mrs. Lowe -has indicated
a willingness to serve and that she is well qualified.
MOTION: Made by Councilman Denny, seconded by
Councilman Anderson approving the appointment of Mrs.
Isaac Lowe as the City of Redding representative on the
Board of Directors of Shasta County Community A.ction
Project. The Vote: Unanimous Ayes
APPROVAL OF ACCOUNTS PAYABLE AND PAYROLL
MOTION: Made by Councilman Anderson, seconded by Councilman
Fulton that A.ccounts Payable Register No. 10, check nos. 22856 to
23073, inclusive, in the amount of $215, 055.95 be approved and paid,
and that Payroll Register No. 10, check nos. 48304 to 48567, inclusive,
salaries in the amount of $101, 325. 11 for the period October 22, 1972
through November 4,"1972 be approved. Total $316,381.06.
Voting was as follows:
Ayes: Councilmen - Anderson, Denny, Fulton, and Moty
Noes: Councilmen - None
Absent: Councilmen - Chatfield
CLAIM FOR DAMAGE - 1st hearing
Robert Lamphier - Claim filed 11/15/72
MOTION: Made by Councilman Denny, seconded by
Councilman Fulton that the Claim for Damage filed
by Robert Lamphier on November 15, 1972 be approved
in the amount of $35.38, based on the recommendation
of the City Insurance Committee, and that the Finance
Director be authorized to pay same. The Vote:
Unanimous Ayes
CLAIMS FOR PERSONAL INJURY - 2nd hearing
Donald Duane King -.Claim filed October 3, 1972 ,
MOTION: Made by Councilman Anderson,- seconded
by Councilman Fulton that the Claim for Personal
Injury filed -by Donald Duane King -on October 3, 1972
be denied,. and that the claimant be so advised. The
Vote: Unanimous Ayes
Lucinda I. Houck - Claim filed October 13, 1972
MOTION:- Made by`Councilman Denny, seconded by
Councilman Fulton that the Claim for Personal
Injury filed by Lucinda I. Houck on October 13, 1972
be .denied, and that -the claimant be so advised. The
Vote: Unanimous Ayes
ORDINANCE — Permits issued by -Building Official
MOTION: Made by Councilman Anderson, seconded by' Councilman
Denny that full reading of Ordinance No. 1105 be waived, and that
the City Attorney be instructed to scan same. The Vote: Unanimous
Ayes
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MOTION: Made by Councilman Anderson, seconded by Councilman
Fulton that Ordinance No. 1105 be adopted, an ordinance of the City
Council of the City of Redding amending Chapter 9 of the Redding
City Code, 1959, as amended, by adding thereto Section 9-2. 1, per-
taining to expiration of permits issued by Building Official.
Voting was as follows:
Ayes: Councilmen Anderson, Denny, Fulton, and Moty
Noes: Councilmen - None
Absent: Councilmen - Chatfield
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Ordinance No. 1105 In file in the office of the City Clerk.
COUNCIL COMMITTEE REPORT - re Superior Court Cases No. 36685
and No. 36686- Helen Faye Generes
Councilman Denny read the Special Council Committee Report dated
November 14, 1972, pertaining to Superior Court Cases Nos. 36685 and
36686, which report :is made a part of these minutes by .reference. It
is the unanin-ious'-rec`ommendation of the Committee that Council reject
the settlement request of Mrs. Generes in toto. It is further recom-
mended that Mrs-. Generes be informed that, in,'the future, her repre-
sentation of oral statements by staff or Council will not be accepted
as a basis for any s'ettl'ement of differences between her and the City,
and that any such settlements will be decided entirely on the basis of
written correspondence or evidence.
Mrs. Generes read a letter of rebuttal (dated November 20, 1972) .to
the aforementioned Council Committee Report. In said letter she
asked Council to reconsider her request to purchase the small wedge
of property owned by, the City on East Street, adjacent to the Glassburn
Motor Company.
City Attorney Murphy stated that staff recommends, againstsale of
the property as it may be needed to widen East Street, pointing out
OW that the General Plan proposes northbound traffic on East .Street and
southbound on Pine Street.
Mayor Moty asked Mrs: Generes her feelings about a rental agreement
for the property. Shoe replied that she felt the suggestion was worthwhile
investigating.
Mayor Moty requested staff to review the matter and submit a recom-
mendation to Council. Staff is to provide Mrs. Generes with a copy
of the recommendation prior to its submission to Council.
MOTION: Made by Councilman Denny, seconded by Councilman
Anderson approving the recommendation of the Special Council
Committee as contained in the report to Council dated -November 14,
1972. The Vote: Unanimous Ayes
PUBLIC
HEARING - Curb, Gutter, and Sidewalk Construction Project,
i PhaseVl
The hour of 7:30 P.M. having arrived, Mayor Moty opened
the Public iHeari'ng' on Phase' VI; Curb', Gutter, and Sidewalk
Construction Project.
The following documents are on file in the office of the City
Clerk:
Declaration of mailing and posting - Notice of Hearing
Report of Superintendent of Streets
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The following persons appeared before Council with
protests as indicated:
Stanton Poole, 4515 Harrison Avenue - Assess. #77
This property owner alleges that the contractor offered
to do the construction at a cost less than what the City
has assessed him; stated that he had sidewalk on a
portion of his property but the contractor removed and
replaced it; complained that he apparently is the only
property owner in his area who was forced to have
.sidewalk installed; feels the assessment is too high;
stated that the contractor put a hole in his fence.
Dale Elder, 4675 Harrison Avenue - Assess. #100
Frank H: King, 4707 Harrison Avenue - Assess. #95
Virginia Erbes - 4721 Harrison Avenue - Assess. ##96
Vernon Johnson, 2132 Miller - A.ssess. #108
Iver Thon, 4695 Harrison Avenue - Assess. #94
Barbara Colvard, 4655 Harrison Avenue - Assess. #104
Howard Holcomb, 2163 Miller - Assess. #106
The above property owners protested that the cost esti-
mates given to them were much lower than the actual
assessments; also those with driveways all understood
that such driveways were included in the cost figures,
that it was a package deal.
In addition, Mrs. Erbes said she was told that the/
assessment could be paid off at about $30 per year,
and Mr. King said that no curb and gutter was installed,
on the property at the northwest corner of Miller and
Harrison and, as a result, water comes onto his property.
Public Works Director A.rness said that the City can put
a berm on Miller Street to divert water from Mr. King's
property. -
James Stigall , 1844 Henry Avenue - Assess. #11
Propertyownerstated that his lot is only 60 ft: wide but
his assessment was for 75 ft.; also, the driveway was not
located properly.
Mr: -Elder- asked when--the-asses smentwould have to be paid.
He was advised that if the assessrnentds notpaid within 30
days ,after it is confirmed ;by =Council, it will be added to the
property owner's tax bill and will be spread over a five-year
period.
Project Engineer Mathis stated that the cost estimates given
to the property owners were based on the latest construction
figures available. ' He said it is possible that he used a 60 ft.
lot as an example in discussing project costs and that some
property owners with wider lots assumed the figure given
was for their property also. He also said that all property
owners were asked to indicate whether or not they wished a
driveway, and the, estimated cost per -sq. ft: for installation
of driveways was..furnished.
Mayor Moty said he feels that the misunderstandings brought
up at this meeting could' be avoided in the future if staff
would provide each property owner involved`in the project
with a written estimate, detailing cost for curb and gutter,
sidewalk, and -driveway,'-individually.:
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.Public. Works Director,A.rnessagreed with the Mayor and
said he would go one step further; i.e. , leave a copy of
the estimate with the property owner.
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Mayor. Moty suggested that, the public hearing be continued
to allow staff to resolve issues brought up by property
owners.
MOTION: Made by .Councilman Anderson, seconded by
Councilman Fulton that the Public Hearing re Phase VI,
Curb, Gutter, and Sidewalk. Construction Project, be
continued to 7:30 P.M., Monday, December 4, 1972.
The Vote: i Unanimous Ayes
CONTINUED PUBLIC HEARING - Off -Street Parking Requirements
The hour of 7:30 P.M. -having arrived, Mayor Moty opened
the Continued Public Hearing pertaining to Off -Street
Parking Requirements.
Planning Director Harris reviewed in depth his ,memo to
Council dated November 17, 1972, entitled "Proposed
A.mendmerits to Off -Street Parking Requirements," which
memo is made a part of these minutes by reference.
Harold Vickrey, Chairman of the Shasta County Board of
Realtors Committee on Parking Proposal, submitted a
letter dated November 20, 1972, containing six proposals
pertaining to off-street parking.
Each of the six items was discussed and general agreement
was reached except for the requested one year moratorium
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opposed by Mayor Moty.
Messrs Tom McGregor and Maurice Johannessen spoke in
favor of the moratorium, stating that if the amendments
were implemented immediately, it would work a definite
hardship on developers who -had projects underway.
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Attorney Jerrald Pickering appeared_on behalf of Memorial
Hospital and stated that it is their '.:position that if the pro-
posed amendments were enacted, it would be unduly harsh
on the Hospital. He pointed out that the Hospital -is located
in the downtown. area and that land is very expensive; and
if the Hospital is required to spend money for parking, it
would restrict its growth. It is Mr. Pickering's belief
that the present standards for parking for general service
hospitals are adequate. He requested that the matter be
researched more thoroughly with representatives of each
hospital prior to making:a decision.
Mrs. Generes expressed concern for owners of small lots
where parking standards were increased.
Planning Director Harris said that the variance process
would be available in such instances.
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There was 'a discussion of the "catch-up" provisions which
provides that when a facility is expanded, the off-street
parking requirements must be met for the entire facility,
not just the expanded portion. It was determined that this
provision should be modified; i. e. , to be effective only
if the expansion is 50% or greater.
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Other changes agreed upon after discussion included:
Convalescent Hospital = 1/3 beds (deleting. "1/500 SF
gross floor area, whichever is greater")
Medical Offices and - 1/200 SF gross floor area
Clinics.. (deleting "or 6 spaces per doctor,
whichever is greater')
Council was also in accord that the General Service
Hospital provision should be excluded from the proposed
amendments and that staff should research this matter
with representatives of each hospital.
MOTION: Made by Councilman Denny, seconded by
Councilman Fulton that the Public Hearing be closed. The
Vote: Unanimous Ayes
MOTION: Made by Councilman Fulton, seconded by Councilman
Denny approving the proposed amendments pertaining to off-
street parking requirements with the following exceptions:
1) Exclude General Service Hospital provision
2) Modify requirements for Convalescent Hospitals as
outlined heretofore
3) Modify requirements for Medical Offices and Clinics as
outlined heretofore `
4) Modify "'catch-up" provision' as outlined heretofore
and instructing the City Attorney to prepare the necessary
ordinance to become effective July 1, 1973. The Vote:
Unanimous Ayes
REZONING A.PPLICA.TION. - RZ-1,0-.72
MOTION: Made by Councilman Fulton, seconded by Councilman Denny
that a public hearing be held at, 7:3.0 P.,M.. on. December 4, .1972 on
Rezoning Application RZ-10-72 by -George E., Theobald. , The Vote:
Unanimous Ayes
CLEAR CREEK AND TWIN VIEW SEWAGE TREATMENT FACILITIES REPORT
Public Works Director. Arne ss submitted- the. Clear Creek and Twin View
Sewage Treatment Facilities Report for the month of October, 1972. 2--36
NOTICE OF COMPLETION - Fencing at Redding Municipal Airport
MOTION: Made by Councilman Anderson, seconded by .Councilman
Fulton accepting .the. project re fencing north and south ends of j/g
Redding Municipal Airport; Bid Schedule No. 641, as being completed
satisfactorily and authori zing < the City Clerk to file.the•.Notice .of
Completion. • The Vote: Unanimous, Ayes
NOTICE OF COMPLETION -Rosaline Avenue Street Lighting System
MOTION: Made by Councilman Anderson, seconded by Councilman
Fulton accepting the' Rosaline Avenue Street.Lighting System Project,
Bid Schedule No. 642,..as..being -co.mplet.ed,sati.sfac"torily, .and authorizing
the City Clerk to -file the -Notice of Completion. The Vote: Unanimous Ayes
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AWARD OF BID
MOTION: Made by Councilman Denny, seconded by Councilman Anderson
approving the recommendation of the Department of Public Works that
Bid Schedule No. 658, construction of Henderson Road Extension, be
awarded to C. L. Fogle, Inc. , on their low bid of $257,333. 11.
Voting was as follows:
Ayes: Councilmen - Anderson, Denny, Fulton, and Moty
Noes: Councilmen - None
Absent: Councilmen -.Chatfield
EXTENSION. OF AGREEMENT Parking and Business Improvement
i Area Board
MOTION: Made by Councilman Anderson, seconded by Councilman
Fulton approving the extension of agreement between the City of
Redding and the Parking and Business Improvement Area Board for
an additional period of one year, to terminate on December 31, 1973,
and authorizing the Mayor to execute same on behalf of the City. The
Vote: Unanimous Ayes
LEASE EXTENSI'ON,_ Alton O. Chatham
MOTION: Made by Councilman Denny; seconded by Councilman Fulton
approving the extensiion of lease between the City of Redding and Alton
O. Chatham for an additional period of one'year, to terminate on
December 31, 1973, and authorizing the Mayor to execute same on
behalf of the City. The Vote: Unanimous Ayes
ORDINANCE - pertaining to Zoning Fee Schedule
Councilman A.nderson'offered Ordinance No. 1106"for first reading, an
ordinance of the City„Council of the City of Redding amending Chapter 30
of the Redding City Code; 1959, as amended, by repealing Sections
30-14.1, 30-19, and: 30-2:1;” and substituting therefor new Sections
30-14.1, 30-19, 30-2.1.1- d id';30-21.1, pertaining to zoning.
ORDINA.NCE.., pertaii ing to Business Licenses
City Attorney Murph! submitted Ordinance No. 1107 pertaining to Business
Licenses. Mr. Murphy noted that the proposed amendments clarify
certain sections and repeal others where they are ho longer pertinent
or permissable because of Government Code changes; such as, coin
operated vending machines cannot be licensed other than on a gross
receipts basis . There is an addition to Section 17.46 which would
require renters of commercial floor space to pay a business license
fee, even though lessthan four units are involved.
Mrs. Generes said she does not feel Section 17-46 is equitable in that
small businessmen are paying a disproportionate share in business
license fees.
Mayor Moty `indicated his objection to the addition to Section 17-46
on the basis that the landlord is paying property taxes and the busi-
nesses leasing the commercial area are paying business licenses.
When he was advised that landlords who rent four or more' units
to business or professional people, -such as office buildings, -and
medical and dental offices, are currently paying business license
fees, he reiterated his objection.
Councilman Denny -said he disagreed with the Mayor, pointing out that
in some instances they renting of real property is. the sole business of
a landlord, and he feels it is equitable to assess such landlords a
business license fee.
There was a discussion of the overall business license program.
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Councilman Denny offered Ordinance No. 11.07 for first reading, an
ordinance of the City Council -of the City of Redding amending Chapter
17 of the Redding City Code, 1959; as -amended, by repealing Sections
17-1, 17-5, 17-6, 1777, I7-9, 17=10, 17-12,, 17-16, 17-20, 17-22,
17-23, 17-26, 17-28, 17-29, 17-30, 17-31, 17-33, 17-37, 17-40,
17-42, 17-46, and 17-50, and substituting therefor new Sections 17-1,
17-12, 17-16, 17-20, 17-23, 17-26, 17-28, 17-29, 17-30, 17-31,
17=42, 17 -461 -:and 17-50, pertaining to licenses generally:
RESOLUTION - Contract with California State Personnel Board
MOTION: Made by Councilman Fulton, seconded by Councilman
Anderson, that .Resolution No. 72-89 be adopted, a resolution of the
City Council of the City of Redding approving a contract with the 76
California State Personnel Board for the performance of Personnel
Examining Services and authorizing the .Mayor to .execute said contract.
Voting was as follows:
Ayes: Councilmen - Anderson, Denny, Fulton, and Moty
Noes: Councilmen - None
Absent: Councilmen. -. Chatfield
Resolution No. 72-89 on file in the office of the City Clerk.
ORDINANCE - re Adoption of National Electrical Code
Councilman Anderson offered Ordinance No. 1108 for first reading,
an ordinance of the City Council of the City of Redding amending
Article III of Chapter 9 of the Redding City Code, 1959, as amended,
by repealing Section 9-9 and substituting therefor a new Section 9-9,
pertaining to adoption of National. Electrical Code.
ORDINANCE - re Filing Fees for Subdivision Maps
Councilman Fulton offered Ordinance No. 1109 for first reading, an
ordinance of the City Council of the City of Redding amending Chapter
25 of the Redding City Code, 1959, as amended, by repealing Section
25-15 and adopting new Sections 25-12. 1 and 25-15, pertaining to
filing fees for subdivision maps.
WAIVER - re .De A.rmondsA.pplication for Alcoholic Beverage License
City Attorney Murphy advised Council that the new owners of the Green
Barn, 329 Lake Boulevard, had inadvertently indicated on their applica-
tion for an alcoholic beverage license that the premises were not inside
the City Limits, and the City therefore did not receive notification of
the application. The Department of Alcoholic Beverage Control is re-
questing the City Council to waive the required thirty day protest
period.
Mayor Moty declared this an urgency item.
MOTION: Made by Councilman Anderson, seconded by Councilman
Fulton waiving the required thirty day protest period with respect
to application for alcoholic beverage license for De A.rmonds' , 329
Lake Blvd. and declaring no objection to the issuance of the license,
and authorizing the Mayor to sign such waiver on behalf of the City
of Redding. The Vote: Unanimous Ayes
LIGHTING OF MALL
Mayor Moty said he would like to see the Mall lights turned on during
the Christmas Season. He said the Contractor is very reluctant to do
this as he would be responsible to replace globes that burned out./
The Finance Director suggested that the City enter into a letter agree- (G
ment with the Contractor to assume the liability for replacing burned
out globes.
The Mayor declared this an urgency item.
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MOTION: Made by Councilman Denny, seconded by Councilman
Anderson instructing. the City Attorney to:prepar-e,a letter agreement
with Christensen and Foster with respect to lighting' the. Mall, and
authorizing the May dr.to execute lanae.. The Vote: Unanimous 'A.yes
ROUTINE .COMMUNIGA.TIONS
_51c P.UC 'Notice of Hearing re 'Appli'cation of'.Pacific 'Telephone
and Telegraph Company for rate increase
Appli'cation'for,Alcoholic Beverage License .
Wing Hei .Chan and Myron Fun Ho, dba China House Cafe
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ADJOURNMENT
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There: being: no_ further. busines s ..at the 'Hour of J-1:15' P. -M. on -the"
motion of Councilman Anderson, seconded by Councilman -Denny; the `
meeting was°adjourned'.= rr:
APPROVED :
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