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HomeMy WebLinkAboutMinutes - City Council - 1968-04-29 109 City Counci 1 , Adj ourned Regular Meeting Poli ce Dept . & Council Cliambe rs Bldg. Redding, Calif ornia April 29, 1968 7:00 P. M. The Pledge of Allegiance to the Flag was led by Planning Director Harris. The meeting was called to order at 7: 00 P. M. by Mayor Moty with the foll owi ng Councilmen present: Chatfi eld, Denny, Doherty, Fult on, and Moty Also present were Ci ty Manager Cowden,, Assistant City Manager and Purchasing Director Stewart, Ci ty Att orney Murphy, Fi nance Director and Personnel Director Courtney,�, Public Works Director Arness, Planning Director Harris, Airports Manager McCall, Traff ic Engineer Hamil ton, Pa rks Supe rintendent Smith, ancl Cit y Cle rk B rayton. ELECTION OF MAYOR MOTION: Made by Councilman Doherty, seconded by Councilman Denny that George Moty be nominated Mayor of the City of Redding. The Vote: Unanimous Ayes with Mayor Moty abstaining. MOTION: Made by Councilman Chatfield, seconded by Councilman Fulton that the nominations for Mayor be closed. The Vote: Unanimous Ayes with Mayor Moty abstaining. George Moty was declared Mayor of the City of Redding by Unanimous �j�� Ballot. ELECTI ON OF VI CE MAYOR MOTION: Made by Councilman Denny, seconded by Councilman Fulton that l�obert Chatfield be nominated Vice Mayor of the City of Redding. The Vote: Unanimous Ayes with Councilman Chatfield abstaining. MOTION: Made by Councilman Doherty, seconded by Councilman Denny that the nominations for Vice Mayor be closed. The Vote: Unanimous Aye s� . Robert Chatfield was declared Vice Mayor of the City of Redding by Unaniinous Ballot. C OMMU NI CA TIONS Active 20-30 Club In a letter dated April 19, 1967, the Active 20-30 Club of Redding requested permission to operate the beer sales booth at the Rodeo on May 24th and 25th. MOTION: Made by Councilman Chatfield, seconded by Councilman `�� � Doherty approving the request of the Active 20-30 Club of Redding to operate the beer sales booth at the Rodeo on May 24th and 25th, subject to the usual conditions. The Vote: Unanimous Ayes PROCLAMATION Mayor Moty reviewed a letter received from the Senior Citizens of Shasta County,- Incorporated, requesting that the month of May be designated as � Senior Citizens Month. In this letter, Byron Engle, President, stated that ��� the local club has received recogni.tion in "Aging", a publication of the ���� Department of Health, Education and V1Telfare, as the largest in the United States for any city of comparable population. The current membership is 875. 110 MOTION: Made by Councilman Doherty, seconded by Councilman Denny approving the PROCLAMATION designating May, . 1968 as Senior Citizens Month in Redding, and authorizing the Mayor to sign said Proclamation on:behalf of the City. The Vote: Unanimous Ayes The Proclamation is on file in the office of the City Clerk. SENIOR CITIZENS CLUBHOUSE Public Works Director Arness submitted a proposed general layout of the Soroptimist - Senior Citizens Facility, adjacent to the Elks Club, as contained in his memorandum to Council of April 26, 1968. In answer to Mayor Moty's inquiry as to whether this proposal is agreeable to the Soroptimist Club, Mrs. Marjorie Lauerman replied that this was the Soroptimist's original proposal. �� �� During a discussion of this matter, Councilman Chatfield commented that he believes the City should provide its own private access to this facility but agreed that there is sufficient time to firm up this matter. MOTION: Made by Councilman Chatfield, seconded by Councilman IDoherty approving the general layout of the Senior Citizens Facility as submitted by the Director of Public Works. The Vote: Unanimous Aye s LEASE OF CITY PROPERTY - Soroptimist Club MOTION: Made by Councilman Chatfield, seconded by Councilman Denny approving a lease between the City of Redding and the Soroptimist Club ����� and authorizing the Mayor to execute same. The Vote: Unanimous Ayes � S . Mrs. Marjorie Lauerman of the Soroptimist Club, and Mr. Byron Engle, President of the Senior Citizens Club of Shasta County, expressed their appreciation for the assistance and cooperation of Council and Staff. AWARD OF BID - Civic Auditorium Project City Attorney Murphy reviewed the status of the Civic Auditorium with respect to awarding the bid for Phase 2, stating that authorization had been received from the Economic Development Administration in Seattle to award the contract to Nielsen-Nickles in the amount of $2, 172, 289. 53 on the basis of their reformed bid. He further stated that a protest �� / letter dated April 24, 1968 had been filed by the Law Firm of Rowland, Paras & Clowdus, Sacramento, on behalf of Ray Cook,. Mechanical Contractor, and B & L Electrical Contractors, proposed subcontractors listed in the bid submitted for the project by Nimbus Construction Company, the next lowest bidder. In a memo to Council dated April 29th, City Attorney Murphy outlined the basis of this protest and responded to each p oint. Mr. Clowdus appeared before Council and expressed the views of his clients with respect to the City awarding the bid to Nielsen-Nickles on the basis of the reformed bid. Attorney V. Barlow Goff of the Law Firm of McDonough, Holland, Schwartz, Allen & Wahrhaftig, appeared on behalf of his client, the Nielsen-Nickles Company, and stated that his client is prepared to go forward at the reformed bid as set forth herein. Mr. Goff said that if the contract were declared void at any point, Nielsen-Nickles would demand reasonable payment for work which had been done., 111 Mr. Murphy said he did not wish to imply that the contractor would be precluded from his right to bring an action for the reasonable value of goods and services rendered. Attorney Dan Carlton, representing Kimbrough-Mack-Hart, subcontractor for Nielsen-Nickles, said that he agrees with the views set forth in the City Attorney's memo of April 29th, and stated that his client is willing to go ahead with the reformed bid. Councilman Fulton asked if there is any question at all that the error was an error of judgment rather than a clerical error. Mr. Murphy explained in detail the manner in which the error occurred and said that in his mind there was no doubt but that it was a clerical error. Councilmen Chatfield and Denny, members of the Auditorium Committee, examined the records of the contractor and subcontractor and concurred with Mr. Murphy's statement that the error was clerical in nature. Mayor Moty said that he had reviewed all of the documents thoroughly and is in agreement with the conclusions of the Committee Members and the City Attorney. A general discussion followed which included the possibility of a delay in coristruction of the Auditorium if the contract is found to be void, and the legal position of the City in this event. Mr. Murphy said the City would have to stand the Court expense if a suit were filed but that the attorneys for Nielsen-N'ickles and Kimbrough-Mack-Hart have agreed to assist him. On the matter of the delay in construction of the Auditoriuin, Mr. Murphy said it was difficult to predict what might happen. MOTION: Made by Councilman Denny, seconded by Councilman Chatfield that Resolution No. 4055 be adopted, a resolution of the City Council of the City of Redding awarding a construction contract for Phase 2 of the construction of the Civic Auditorium-Convention Hall for the City of Redding to Nielsen-Nickles Company, a California Corporation. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent; Councilmen - None Resolution No. 4055 on file in the office of the City Clerk. At the hour of 8:40 P. M. , Mayor Moty declared a 10 minute recess. The meeting was reconvened at $:50 P. M. PETITION - re sewer and water assessment district With the approval of Council, Mayor Moty referred to the Director of Public Work's a petition filed by property owners requesting Council to ��v instigate assessment district proceedings for the installation of sewer and water facilities in the area of Park Marina Drive from Locust Street south towards Cypress Avenue. ' PETITION - re street improvement Mayor Moty referred to Councilman Doherty, City Manager Cowclen, and Public Works Director Arness for consideration and recommendation a petition filed by residents of lower Sunset Terrace and Pioneer Drive �d� requesting the City to pave the existing section of Pioneer Drive con- necting the eastern end of the dedicated portion to the entrance road to Shasta High School. 112 MINIMUM SECURITY FACILITY - Redding Municipal Airport Councilman Fulton submitted the appraisal report prepared by Robert A. Townsend on the 60. 38 acres of land at Redding Municipal Airport being considered by Shasta County as the site of a minimum security facility. Mr. Townsend estimates the present market value at $18, 000. Councilman Fulton reported that the Board of Supervisors has indicated a willingness to purchase the property at this price but has. requested another meeting with the Council Committee to discuss easements and roads. Dr. Fulton said the Council Committee is unanimous in ii4,, recommending that Council approve the sale of this property to the County. MOTION: IVfade by Councilman Denny, seconded by Councilman Fulton that, subject to subsequent Council approval of the terms and conditions relating to the sale, including expressly those relating to provisions of access, and subject to the approval of the sale by the FAA, Council approve the proposal to sell the 60. 38 acres of airport land to the County of Shasta for the appraised price of. $18, 000. The Vote: Unanimous Ayes AWARD OF BID - Civic Auditorium Project - Phase 1 MOTION: Made by Councilman Chatfield, seconded by Councilm.an Doherty that Res.olution No. 4056 be adopted, a resolution of the City Council of the City of Redding awarding a construction contract for Phase 1 of the construction of the Civic Auditorium - Convention Hall for the City of Redding to Glenn W. Shook, Inc. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 4056 on file in the office of the City Clerk. � rI�3 AWARD OF BID - Civic Auditorium Project - Phase 3 MOTION: Made by Councilman Fulton, seconded by Councilman Denny that Resolution No. 4057 be adopted, a resolution of the City Council of the City of Redding awarding a construction contract for Phase 3 of the construction of the Civic Auditorium - Convention Hall for the City of Redding to A. Teichert & Son, Inc. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, �and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 4057 on file iri ,the office of the City Clerk. RESOLUTION - re Redding Heights Assessment District MOTION: Made by Councilman Chatfield, seconded by Councilman Denny that Resolution No. 4058 be adopted, a resolution amending Assessment Diagram ,in Assessment District No. 1965-3, Redding Heights, City of Redding, County of Shasta, State of California. ��9� Voting was.as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 4058 on file in the office of the City Clerk. 113 RESOLUTION - authorizing contract with State re urban planning assistance MOTION: Made by Councilman Doherty, seconded by Councilman Chatfield that Resolution No. 4059 be adopted, a resolution authorizing execution of a coritract between the State of California and the City of Redding pursuant to Chapter 1641, Statutes of 1959. �</� Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None � Absent: Councilmen - None Resolution No. 4059 on file in the office of the City Clerk. RESOLUTION - of Intention re closure of Athens Avenue `�� 7 Action on this item was tabled. LEASE-of City Property MOTION: Made by Councilman Doherty, seconded by Councilman Chatfield approving the lease between the City of Redding and Malaga ,.,�� Cove Associates re Taco Bell Drive-in Restaurant at Athens Avenue P and Locust Street, and authorizing the Mayor to execute same. The Vote:. Unanimous Ayes LEGIS LA TION Public Works Director Arness reported that SB 513 which proposes to eliminate the present requirement that calls for publication of prevailing �2 7� wage rates in connection with the call for bids for public works projects, will be heard by the Senate Committee on Governmental Efficiency on May 8. Council took no action on this matter, ADJOURNMENT There being no further business, at the hour of 9:40 P. M. , on the motion of Councilman Fulton, seconded by Councilman Doherty, the meeting was adj ou rned. APPROVED: Ma r ATTEST: t Cle rk , . � . .