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HomeMy WebLinkAboutMinutes - City Council - 1967-02-20 41 Cit y of Redding, - Regula r Meeting Police Dept. & Council Chambers Bldg. , Redding, California Feb rua ry 20, 1967 7:00 P. M. The Pledge of Allegiance to the Flag was led by City Planning Director Ben Harris. Reverend Victor Trimmer, Pastor of Bethel Assembly of God Church, offe red the invocation. F- The meeting was called to order at 7:00 P. M. by Mayor Moty with the following Councilmen present: Chatfield, Denny, Doherty, Fulton, and Moty. Also present were City Manager Cowden, Assistant City Manager and ' Purchasing Director Stewart, City Attorney Murphy, Finance Director and Personnel Director Courtney, Planning Director Harris, Public Works Director Arness, and Parks Superintendent Smith. • APPROVAL OF MINUTES MOTI ON: Made by Councilman Doherty, seconded by Councilman Denny that the minutes of the regular meeting of January 16, 1967, the regular adjourned meeting of January 23, 1967, the regular meeting of February 6, 1967, and special study session of February 14, 1967 be approved as mailed to each Councilman. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Directional Signs on Freeway Sid Cowgill, Manage r of the Greate r Redding Chambe r of Comme rce submitted letters dated February 14th and 20th, covering meetings held on February 13th and 18th by the Industry-Council Committee on Directional Signs in and around Redding. Mr. Cowgill reviewed these letters and advised that, after the meeting of February 18th, industry representatives continued the discussion and the following final recommendation was suggested by such industry representatives: ��� Recommend purchase of 4 signs of Northern Neon Lighting style with illuminated plastic modules as follows: Type of Sign Location Wording 1. Double Face East side of Freeway between (south side of sign) Tehama and Cypre s s R EDDING CENTRAL BUSINESS Next Exit (north side of sign) REDDING S OU TH BUSINESS Next Exit 2. Single Face East side of Freeway, just REDDINC, " prior to Cypress CENTRAL BUSINESS Next 2 Exits 42 3. Single Face West side of Freeway, north REDDING of Redding, just prior to BUSINESS Redding turn-off (with directional a r row th rough business) 4. Single Face South of Anderson SOUTH REDDING BUSINESS-INDUSTRY Next Exit Mr. Cowgill stated the estimated cost of the above four signs is $30, 000, with $5, 000 being pledg�d .l�,ythe industry, which reduces the amount of City participation to $25, 000. A lease arrangement is estimated to run $1, 000 per month. Councilman Fulton commented that he felt the effectiveness of the signs would be reduced by elimination of the wording "Shopping, Motels, Business". Mr. Cowgill said that industry representatives were in agreement that such wording should be dropped from the signs. Mayor Moty said he was a strong supporter of the idea of such signs but also believes the City has to be concerned about the beauty of the City and the image we present to others. These signs will be Redding's face that is presented to the travelling public and care should be taken to be sure we are presenting our best face, consistent with what we can afford, according to Mayor Moty. It was his recommendation that the present Industry-Council Committee be eXpanded to include two additional members, and the final decision be withheld until the meeting of March 6th in order that the two new members may acquaint..themselves with the various proposals. Mayor Moty suggested Ray Hullinger and Nick Girimonte, both members of the Civic Arts Commission, be added to the present C ommitte e. � MOTION: Matde by 'Councilman Denny, seconded by Councilman Fulton approving the recommendation of the Mayor as outlined above. The Vote: Unanimous Ayes Councilman Chatfield said that the aforementioned recommendation re purchase of the four signs is not necessarily a recommendation of the Industry-Council Committee; that he has not had an opportunity to review this recommendation. He said the Committee was some- what concerned regarding sites, cost comparisons, etc. Sewer and Water Lines - Hilltop Drive A cacr:;nunication dated February 15th was received from James M. Wells, requesting Council to determine policy re installation of s ewe r and wate r line s on Hilltop D rive. � r�1 /, Public Works Director Arness said originally it was his recommenda- /J�7 tion to the Board of Administrative Review that the property owners install the sewe r and wate r lines with the City of Redding paying for over-sizing or special depth considerations. Both of the applicants were opposed to this and requested Council to review the matter. Mr. Arness stated that staff believes the lines involved are a lateral sewer line and distribution water line as compared to a trunk sewer and transmission water line. 43 Staff!s pr.es.ent proposal.is to absorb the cost of the east half of the water and sewer lines to be constructed. The City would re- ceiv.e frontage.and acreag.e._charges when the area on the east side develops. The property owners on the west side could either pay in cash for installation of the water and sewer lines or be part of an assessment district for these improvements. There was a lengthy discussion as to whether this sewer line should be e.onside red a trunk or late r al. line and whethe r the City should build the wate r line. Mr. James Wells appeared before Council and said he would like to know what his sewer and water line costs will be so he can pre- pare more accurate cost estimates with regard to financing this project. . - Mr. J. M. Wells, Jr. , Attorney for Ramada Inn,referred to the terms lateral and trunk lines and to the types of connections to this particular line. He commented that the Motel is equal to about 65-70 residences. Councilman Chatfield suggested that, if there is no objection from the applicant, membe rs of Council study this matte r and conside r it again at the meeting of March 6th. Mr. James Wells said this would be agreeable with him. PUBLIC HEARING - Rezoning Application RZ-15-66 - Portions of Placer Hills Subdivision The hour of 7:30 P. M. having arrived, Mayor Moty opened the Public Hearing.re Rezoning Application RZ-15-66 - Portions of Placer Hill Subdiuision . . . . - ��/� The following .documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Planning Commis sion Recommendation dated 2� 16/67 The City Clerk advised no written protests had been filed and the Mayor ascertained there were no protests from the floor. Planning Director Harris revie.wed..the Rezoning Application filed By 5hasta Savings and Loan Association which originally requested that a portion of Placer Hill Subdivision be rezoned to R-3-15, GO-B-R, and C-1-F zones. _ At the Planning Commission public hearing the applicant withdrew the request for the R-3-15 rezoning. Mr. Harris said that the Planning Commission disapproved the application, and it is the recommendation of the Commission and the Planning Director that Council affi�rm the action of the Planning Commission to disapprove the application and leave the subject property in the R-1 single family zoning district. Mr. Harris re- ported that subsequent to the action of the Commission the applicant has filed a revised tentative map for Placer Hill Subdivision, based on existing R-1 zoning. MOTION: Made by Councilman Doherty, seconded by Councilman Fulton, the public hearing be closed. The Vote: Unanimous Ayes 44 MOTION: Made by Councilman Denny, seconded by Councilman Doherty that the action of the Planning Commission be sustained re Rezoning Application RZ-15-66. The Vote: Unanimous Ayes COI�TTINUED PUBLIC HEARING - Proposed Revisions to Sign Ordinance The hour of 8:00 P. M. having arrived, Mayor Moty opened the continued Public Hearing on proposed revisions to the Sign Ordinance. City Attorney Murphy submitted a section-by-�section compilation of comments and criticisms of Draft No. 4 of the propos ed Sign Ordinance which were developed in the public hearing before Council thus far. Members of Council reviewed Draft No. 4 of the proposed�Sign Ordinance and made the following recommendations: Article I Section 3-9 Billposter's and Handbill Distributor's Licenses Council determined that this Section needs clarifying and requested the City Attorney to research this item. Article II 5ection 3-20 Adve�rtising Surface - City Attorney to amend this =��� definition to include language suggested by the Planning Director . Open Air Business - City Attorney requested to clarify or delete this definition. Projected Sign - Fred Schick recommended this paragraph be changed as outlined in City Attorney's memo. After review, Council agreed on retention of existing definition as proposed in Draft No. 4 . Wall Sign - Council agreed on retention of existing definition as proposed in Draft No. 4 rather than change proposed by Mr. Schick . - Fin Sign (illustrated on page 16b of Draft No. 4) Council in agreement that Fin Sign should be retained in the Ordinance as illustrated . Section 3-27 Amortization of Non=Conforming Signs - After ' considerable discussion, it was the opinion of the majority of Council that the amortization period should be the same as used by the Internal Revenue Service - 8 years. Section 3-29 Certain Colored Lights or Flashing Signs, etc. _. ._ - - Council�approved rewording of this Section as recommended by the City Attorney in his memo of 2/14/67 . Section 3-29. 1 Certain Flashing Signs Prohibited - Council approved recommendation of City Attorney and Planning Commission that this Section be retained for the present as proposed in Draft No. 4. 45 Section 3-43(3) City Attorney Murphy advised Council that the recommendation of Mr. Schick would be difficult to enforce from a legal.standpoint as the Courts will not legislate beauty, and it is his recommen- dation that no change be made in this sub-paragraph. Council concurred. Section 3-44 Outdoor Advertising Structures - Council referred back to Planning Commission for review.as to per- mitting 12x40 ft. signs on freeway corridors. Section 3-50 Pole Signs - While discussing this Section, Council recommended clarifying height limits to clearly show that they are tied to the maximum permitted building height in the particular zone without a use permit. A general discussion was held on height limits and the question was raised whether embell- ishments should be included in maximum height limitations. A majority of Council requested that the Planning Commission review with a view to liberalizing the definition of embellishments. Council also discussed the question of maximum sign height in CO, G-O-B-R, and C-1 zones. There was a general feeling that height limitations in these zones sh,ould be made equal to those in the C-2 and C-3 zones, particular�l'y as to the CO and C-O-B-R zones where motel uses are permitted by use permit. Section 3-53 Roof:Signs - There was a Council consensus that this Section should be amended to provide that roof signs can be no highe r than the maximum building height pe rmitted in the z one without a us e pe rmit. Section 3-55 Street Clocks - Council feels that poles supporting clocks should not be allowed on public property. Section 3-56 Exceptions - The Planning Commission - Council agrees. with the general .concept that exceptions should be limited; howeve r, Council would..like a freeway cor..ridor created wherein a maximum area of 480 sq, ft, is permitted for signs, and would like sub-paragraph (b) amended to eliminate the . _language "four separate ownerships". Council would also like to.hav.e Planning Commission con- sider some relief under this Section for franchise ope rations whe reby, unde r the te rms of the f ran- chise, the franchise holder is compelled to install � and maintain a specif�ic szgn. Council would like " the Comrriission to consider some exception for "substantial compliance" in this situation. Section 3-56. 1 Total Advertising Surfa_ce Limitations�- Council instructed the City Attorney to clarify to make clear that single signs of more than 300 sq. ft. a re not pe rmitted unle s s they fall :within the pro- visions of Section 3-56. 46 Section 3-57 Bond Requirements - 4Vhile Couricil took no action in re�gard thereto, there was discussion ' pertaining to the bond or liability insurance re- quirements set forth in this Section. MOTION: Made by Councilmari Fulton, secondecl by Councilman Doherty the public hearing be closed. The Vote: Unanimous Ayes MOTION: 1Vlade by Councilman Doherty', seconded by Councilman Chatfield that Draft No. 4 of tlie proposed Sign Ordinance be referred back to the Planning Commission with the recommendations set forth herein. Tlie Vote: ` Unanimous Ayes PUBLIC HEARING - Appeal of Planning Commission Action on UP-4-67s The hour of 9:00 P. M. liaving a�rrived, Mayor 1VIoty opened the Public Hearing re appeal of UP-4-67s - Ben Brooks on behalf of John�Hammons, Holiday Inn Motel. The fol'lowing documents are on file in'the office of the City Clerk: Affidavit'of Mailing - Notice 'of Public Hearing Planning Department Report dated February 16, 1967 � � . . �� The City Clerk advised no written protests had been filed, and the Mayor ascertained there were'norprotests from the floor. Planning Director'Harris reviewecl the"action of the Planning Commis sion which was to approve a sign not to exceed 50 ft, in height and the sign area not to exceed 300 sq, ft. The applicant sought approval of a sign 54 ft, in height with 745 sq, ft, in sign a rea. Mr. Ben Brooks appeared before Council and submitted a photo- graph of the proposed sign, as well as a letter from Holiday Inns of America re the Hol'iday Inri Great Sign. H'e stated that Mr. Hammons (Holiday Inri) can lowe r the sign 4 ft, to comply with the 50 ft. height limitation but cannot change the area of the sign as the sign is leased. Mr: Brooks said this sign is used in over 800 locations and that of the 800 signs only 3 are smaller than the one proposed. T'he smaller sign is 35 ft, in height, but it was felt that tlie 54 ft. size was needed in this freeway location. There was a discussion as to the area of the sign which should be considered as part of the sign fac�e. It was determined that the base must be iricluded in the total sign area because it is illuminated. In a general discussion Councilman Denny said it was his belief that Council must recognize what conditions exist along the freeway corridor. Mr. Denny would favor a more liberal approach re em- bellishinents and supports of'signs along the freeway corridor. It is his feeling� that if Council does not accommodate this type of sign, which is a national sign, applicants will go just outside the City limits. He believes Council needs to be conce rned about the economic future "of the City of Redding:. Other Councilmen con- curred with Councilman Denny. Mr. James Wells (Ramada Inn) advised that the sign he proposes to erect contains approximately 510 sq, ft. of sign area but he be- lieves he can remove a portion so that the sign comes within the 480 sq. ft, as discussed by Council. He did state, however, that he will have to apply for a use permit to have a sign higher than the Holiday Inn sign as his property is lower than that of the Holiday Inn. He may apply for an 80 ft. sign in order that it can be seen above the Holiday Inn sign. 47 Mr. James Wells, Jr. , said that he doubted tha:t. an Ordinance could ever be drafted that would take care of every situation. It was his .thought that "substantial compliance" might fit someplace in the ordinance. Mr.. Wells also.suggested that the language of Section 3-56. of the proposed Sign O.rdinance be amended to read "certain types of artificial obstructions combined with natural te r rain". . Planning Commissioner Stathem commented that the Commission has found that there are national standard signs and. that they are traffic generators. He further stated that the Commission does need.guidarice re.embellishments.and.has..tried to benefit from the experience of other communities. He referred to an advertising sign erected in San Diego containing 3, 000 sq, ft. of sign area. With respect to national standard signs, Planning Commissioner Brunemeier commented that consideration might be given to national operators at the expense of local operators.. Mr. Brunemeier said he can see difficulty in regard to.arriving at some standard the Commission can abide by. With respect to directional signs, he men- tioned the Division of Highway signs which are up to 300 sq. ft, in size. These signs alert the citizens to get into the proper lanes. He also commented that�a 7 f.t, letter could be.readat a distance. of one-half mile. MOTION: Made by .Councilman Fulton, _seconded by Councilman D.enny that the public hear,ing. be closed. Voting was as ,follows: . Aye s: Councilmen - Denny, ,Dohe rty, and Fulton Noes: Councilmen - Chatfield;and Moty Absent: Councilmen - None MOTION: Made by Councilman Fulton, seconded by Councilman Denny .overruling the:action of:the.Pianning Commission and approving the: request of.John Hammons for a Use Permit for a sign for Holiday Inn on Hilltop Dr. Voting was as follows: _ . Ayes: _ Councilmen:- Chatfield,_ Denny,' Dohe.r.t.y_, and Fulton Noes: Councilmen -: Moty.. . � � � � Absent: Councilmen - None . . . .;�� . . � _, . . � . WRITTEN COMMUNICATIONS = continued �. . ICCCNC Meeting . A communication was. r.eceived from the Redding Chamber of Comme rce conce rning �a.meeting of.the �ICCCNC to be held:on ��7 February 21st at the Rite Spot. . At.this .mee.ting:Ar.chite:ct Dick. ; Smart will present material re the Redding..Civic Auditorium<� Buckeye County Water District .: �.. . . _ - Minutes and communications were received_from LAFCO re a. meeting held pertaining to the dissolution of the Buckeye C.ounty, y,�� Water District. No action was taken by Council. 48 Cypress Street Bridge Widening . . . A letter dated February .17th was received from Senator Marler in which he suggested that monies allocated for widening Shasta Dam B'lvd: be diverted on a temporary basis.ixi order. to accom- plish the widenirig of the Cypress Street Bridge. - Senator Marler stated it will be necessary for the City and County to contribute a total of $300, 000 towards this project. The City and Courity have previously appropriated $100, 000 and $50, 000 respectively towards this project, .thus it will be riecessary:for the City and County to appropriate an additional total amount of $150, 000. �i�� MOTION: ,Made by Councilman Denny, seconded by Councilman. Fulton instructing the City Attorney; to prepare a res.olution _ supporting the proposal that monies allocated for widening Shasta Dam Blvd, be diverted on a temporary basis to be used to widen the Cypress Street Brid"ge, and appropriating an additional $50, 000 towa rds the p roj ect. . Voting was as. follows: Ayes: � Councilmen - Denny, Fulton, and Moty Noes: Councilmen - Chatfield .and Doherty , . Absent: Councilmen - None Councilman Chatfield commented that he didn't think Council was being realistic to expect Shasta County to appropriate an additional $100, 000. He pointed out that initially the City agreed to put'up $100, 000 and the County agreed to put up $50, 000 when it was estimated that the total amount needed.would be $150, 000. Now that the figure has been increased to $300, 000, Councilman Chatfield said he would argue that the rerriaining $150, 000 should be split evenly between the City and the County. For additional action on this item see page 56. GARDEN STREET SEWER ASSESSMENT �DISTRICT NO. 1967-5-1 City Attorney Murphy advised Council that it has been determined that the improvements called for in the proposed Garden Street Sewer .Assess- ment District No. 1967-5-1 must be constructed pursuant to the Muni- cipal Imp rovement Act of 1 913 ratfie r than the Imp rovement Act of 191 1, `��t� and submitted the following documents in this regard: RESOLUTION - Rescinding Previous Resolutions Adopted re Garden Street Sewer Assessment District . MOTION: Made by Councilman Chatfield, seconded by Councilman Dohe rty that Re s olution No. 3 83 5 be adopted, a re s olution of.the City Council of the City of Redding rescinding resolutions numbered 3828, 3829, 3830, 3831, and 3832 pertaining to the Garden Street Sewer Assessment District No. 1967-5-1, .City. of Redding, County of Shasta, State of California Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilxnen - None . Petition for creation of Assessment District Boundary Map 49 RES OLU TION - App roving B ounda ry Map MOTION: Made by Councilman Doherty, seconded by Councilman Fulton that Resolution No. 3836 be adopted, a resolution of the City Council of the City of Reddirig approving the Boundary Map of Garden Street Sewer Assessment District No. 1967-5-1, City of Redding, County of Shasta, State of California. Voting was as follows: Ayes: `Councilmen -. Chatfield, Denny, Doherty, Fulton, and Moty Noes: . ' . Councilmen '- None � Absent: Councilmen - None . �- - Certificate of Director of Public Works that the petition has been signed by the owners of 66. 67°jo of the area .shown in the proposed assessment district. � � , RESOLUTION - re Preliminary Determination MOTION: Made by Councilman Chatfield, seconded by Councilman Doherty that Resolution No. 3837 be adopted, a resolution of the City Council of the City of. Redding making a preliminary determination to undertake special assessment district proceedings for improvements to be made in Garden Street Sewer Assessment District No. 1967-5-1., City.of Redding, Shasta County, California: : Voting was as fol�lows: Ayes: Councilmen - Chatfield, �Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None - RES OLU TION - of Intention MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 3838 be adopted, a resolution of the City Council of the City of Redding of intention in the matte r of the con- struction of improvements in the Garden Street Sewe.r Assessment District No. 1967-5-1, City of Redding, Shasta .County., California. Voting was as follows: Ayes; Councilmen - Chatfield; Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None � All documents, including Res.olutions, on file in the office of the City Clerk. APPROVAL OF CLAIMS-AND PAYROLL : � MOTION: Made by Councilman Doherty, • seconded by Councilman Chatfield that A�ccounts �P.ayable Register No. 16, warrant nos. 11874 to 12086, inclusive, in the amount of $265, 755. 44 be approved and paid; that Payroll Register No. 16, warrant nos 7435 to 7679, inclusive, salaries in the ��� amount of $63, 971. 08', for .the. period January 22,. 1.9.67 through� Februaxy 4, 196.7, be appro,v,ed. Total $329,, 726. 52 • . . . Voting was as follows: • _ . . . _ - Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None .. . TREASURER'S REPORT : . _ . . Councilman Dohe rty, Finance Committee, submitted a report showing ��� Total Treasurer's Accountability for the month ending January 31, 1967 to be $3, 430, 879. 50. 50 CLAIMS FOR DAMAGES - 1st hearing ' , , , Charl'es H: Swim = Claim filed 2/14/67 • � � � � Jack R: Thompson '= Claim filed 2/6/`6'7 - � ' ` Winifred Engle - Claim filed 2/10/67 �`� Hesse's Funeral Chapel - Claim filed 2/16/67 � , � MOTION: Made by Councilman Fulton, seconded by Councilman Denny that the Claims for Damages filed by Charles H. Swim on February 14, 1967, by Jack R. Thompson on February 6, :1967, by Winifred Engle on February 10, 1967, and by Hesse's Funeral Cliapel on February �16, 1967 be referred to the' City Attorriey and the Insurance Carrier, and tlie City Clerk be instructed to re•set the claims on the Agenda for March 20, 1967: • The Vote:' Unanimous Aye s ORDINANCE - re Unde'rground Utility Districts : MOTION: Made by Councilman Denny, seconded by Councilman Doherty that full reading of Ordiriance'No: 926 be waived, `and the City Attorney be insitructed�to��scan same.' The Vote: Unanimous Ayes MOTION: Made by Councilman Denny, 'sec'onded by Councilman Chatfield that Ordinance No. 926 be adopted, an ordinance of the� City Council of the City of Reddirig amending the Redding' City Code, 1959, as amended, by adding Chapter 27. 1 thereto relating to the designation and establishment of unde rg round utility districts whe reiri ce rtain pole s and ove rhead wi re s j��' and associated overhead structures are and shall be prohibited, and from which certain existing poles and overhead wi'res and associated overhead structures must be removed; relatirig� to tlie procedure for the removal of such poles and overliead wires and associated overhead structures; and otherwise relating to such districts and the existence, maintenance, use, removal and prohibition of poles and overhead wires and associated overhead "st"ructures therein. � • ' Voting was as follows: Ayes: Gouncilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None - � "' Absent: Councilmen - None Ordinarice No. 926 on file in 'the office of the Cit�y Cle rk. ORDINANCE - re Unsafe or Dilapidated'Buildings MOTION: 'Made by Councilman Chatfield, seconded by Councilman Doherty that full read-ing'of O'rd`inance No. 927 be-waived, and the City Attorney be instructed to scan same: The'Vote: Unanimous Ayes MOTION:� Made by Councilman Chatfield, seconded by Councilman Doherty that Ordinance No. 927 be adopted, an ordinance of the City .���� Council of the City of Redding amending Chapte r 15 of tFie Redding City Gode, 1959; as amerided, by adding Article V, Section 15-22 to Section 15-33, inclusive, pertaining to health and sanitation, abatement of unsafe or dilapidated buildings. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmeri = None " � Absent: � Councilmen - None ' � ' ' - ' r Ordinance No. 927 on file in the office of the City Clerk. 51 RESOLUTION - re Legislation City Attorney Murphy submitted a resolutiori opposing Section 131(g) of Public Law 89-285 re Highway Beautification Act of. 1965. Mr. Murphy indicated that.this resolution was requested by the California Roadside ���� Council. After discussion, action on this resolution was tabled and the City Manager was requested to check with the League of California Cities with regard to their position on this legislation. RESOLUTION - Shasta Regional Area Planning Commission . MOTION: Made by Councilman Denny, seconded by Councilman Doherty that 7.2esolution No. 3839 be adopted, a resoiution of the City Council of the City of Redding recommending the formation of a Shasta Regional �%� Area Planning Commission pursuant to Gove.rnment Code Section 65600 through and including Section 65604. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: . Councilmen - Norie Absent: Councilmen - None . Resolution No. 3839 on file in the office. of the City Clerk RESOLUTION - Ratifying Council Action re EDA Application MOTION: Made by Councilman Doherty, seconded by Councilman Fulton that Resolution No. 3840 be adopted, a resolution of the City Council of the City of Redding ratifying the authorization given to the City Manager ��.� to amend the application he retofo:re filed with the Economic Development Administration, United States Department of Commerce, for a Grant under the terms of Public Law 89-136. Voting was as follows: � : . Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None . Absent: Councilmen - None . _. Re s olution No. 3840 on.file in the office of the.: City Gle rk. , LINDEN AVENUE . Councilman Chatfield gave a progress report re Linden Avenue, stating that the Committee has pretty _well determined the feelings of the people in the area that they would like to proceed with.the sewers and ditch. He referred to the report already presented regarding sewers and said that agreement has not yet been reached as to.the .amount of City participation regarding�the�ditch. It is the intention of the Committee to have a recom- �-/(,,7 mendation.with regard to .the ditch at the next Council meeting. Mr. Chatfield said it seems economically impossible to consider street im- provements at this time; however, the Committee would recommend the City proceed with improvement of West Street as previously discussed. APPROPRIATIONS AND EXPENDITURES Finarice Director Courtney submitted for information only a Statement of Appropriations and Expenditures as of January 31, 1967. y7� ACTIVITY REPORTS - Engineering and Street Divisions Finance Director Courtney submitted for information only Activity Reports for the Engineering Division and Street Division as of January, 1967. �/p PERSONN�EL CLASSIFICATION CHANGE Personnel Director Courtney submitted a recommendation dated February 15th that the clas_sification for Building Maintenance Electrician and Electronic Technician be consolidated into a new clas sification entitled `���' i 52 "Electrician" and that the salary level for the� "Electrician" position be established-at the same� level now au�thorized for the Electronic Technician and Lineman positions�..: Mr. .Courtney said that members of the Ernployer-Em,ployee Committee had been polled and approval had been. received from Councilman. Fulton.with.. conditional .approval from. Councilman Chatfield. A.discussion.en�sued .and it was the..con- sensus of Council that if this were a salary adjustment they would not be in favor of it; howeve r, if it is a change of clas sification they would favor it. It was determined that.primarily:it.is a :change of classifica.tion. MOTION::. Made by Gouncilman Denny, seconded by Councilman Fulton approving.the recommendation of.�the Personne.l ,Dire_ctor and:instructing the City. At�to.rney to. p�repare�the necessar.y document. _The Vote:: .Unan- imous Ayes . , . , . . . . CAPITAL �IMP.ROVEMEN:T .PROG.RAM AND. WORKABLE. PROGRAM Planning Director Harris reported that a letter had been�:receive.d from the Regional Office of HUD in which they said they: would..ancept the 1964 Capital Improvement Program as part of the Workable Program if Council would adopt both programs .by minute order. The relationship of the Workable Program to the Survey and Planning Application was explained and Mr. Harris pointe.d .out..the.major. sec.tions of the Workable . ��ri. Program and..recommendedthat Council adopt both pr.ograms. by minute � orde r. . �-r� - � - � MOTION:.- Made iby Councilman Ghatfield,. .seconded by Councilman , . _ . . Doherty a:pp:roving the. recommendation of the Planning Director re.. adopting the 1964 Capital Improvement Program and the Workable Program. The Vote: Unanimous Ayes , ' . . , . . � EASTSIDE ROAD ANNEX NO. 1 - Request for Interim Zoning This matter was declared an urgency item. � ��� A communication:.dated Februa�ry 20th was received.from Stuart and Mary Oliver requesting immediate interim zoning in Eastside Road Annex No. l. During a discussion of this matter it was pointed out that the City has no jurisdiction in this area until Eastside Road Annex No. 1 is officially made a� part of the Gity of �Redding�, which will be some time after March 6th. At the present time much of the area in Eastside Road Annex��No. 1 is unzoned which allows buildings of almost any nature. It was suggested that the City Attorney be authorized to write.a letter to the .Board of Supervisors suggesting consideration of interim .zoning from "U" unclassified to R-1, pointing out that the area will be annexed to the City.of Redding�in approximately three weeks. LAKE REDDING PARK - Tot Lot Parks Superintendent Smith submitted the recommendation of the Recreation and Parks Commission that Council accept the offer of the Metropolitan � �G� Kiwanis Club to develop a "Tot Lot" in the vicinity of the swimming pool at Lake Redding Park. ,The Kiwanis Club is prepared to spend approxi- mately $700 for fencing the area and to provide play apparatus. City participation will be approximately $200 for materials, plus some assist- ance from the Parks Department work force, Mr. Smith said there was money availa�ble in the Parks Improvement Fund to cover the expenditure. MOTION: Made by Councilman Chatfield, seconded by Councilman Fulton approving the recommendation of the Recreation and Parks Commission re the offer of th�e M�etropolitan Kiwanis Club to develop a "Tot Lot" as out- lined heretofore: The�Vote: Unanimous Ayes 53 WATER POLLUTION.CONTROL.REPORT . Pub'lic Works Director Arness submitted'for information only a report from the Regional Water..Quality.Control Board, dated February 2, 1967, ���' covering a r.ecent inspectiori .of.Redding's was.te disposal facilities. SIDEWALK CONSTRUCTION - Schools . ,��/ This item was tabled until the meeting of March 6th. � a SEWER STOPPAGE - Ruth Alien.Claim for Damages Public Works Director Arness submitted, for information only, back- , ��.�' ground data concerning the claim for damages filed by Ruth Allen. . .. _ i . . . , . � . SUMMONS AND COMPLAINT=- -Redding. Steel and Supply - City Attorney Murphy advised Council that the City has been served with a Summons and Complaint in the case Redding Steel and Supply vs. the ��� City of Redding. Mr. Murphy stated he will represent the City and has obtained.a time extension to March 7th. . LEGISLATION.`- re'B rown Act City Attorney Murphy submitted a memo to Council ,dated February 1.5th outlining the proposed amendments to the Brown Act as contained in SB 133 �7� and AB.245 arid recommending opposition to the legislation.. . Mr. .Dave Levinson, Managing Edit�r of, the Record Searchlight, ap.peared before Counc�il anc� submitted the -following .statement pertaining to the pro- posed amendments to the B rown Act. "I should like to make a statement for the Record-Searchlight on . the p.roposed amendments to the B rown Act. I hope the statement . will be.helpful, to you in. considering� any position you may take on the amendme�nts: , _ -� . - .- - . . "We think you will agree that the intent of the Brown Act, as spelled out in the act itself, is a good.one. The explanation goes like this: i , � 'In enacting this chapter, :the legislature �finds and. decla.r.es tha.t the -public commissions, boards and. councils and the .other _public agencies in tlii.s .state exist .to.aid.in �the conduct of�.the _people'.s business. It is the intent, of the' law that�their 'actions be taken openly and tha:t their deliberations be conducted openly: ' "fihe.chapte r,. 54950 :of the Gove rnment �Cod�e, goes on to 'say this: . . . . _ , - ... : , - ''The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their_publ�ic servants .the�right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining. informed 'so that they may retain control over the instru- �ments they have created.''' . -- . . .� - - , . "Those are fine words. They will remain only fine 'words unless you and the. courts and�the legislature .act in. their. spirit. Blanket oppositi�on to.these'p�ropo:sed-amendments• would be.a repudiation.:of that spirit:. =.:+� � . . : . . , "Most of the �provi�sions of these arriendments are'essential to restore to the Bxown Act the .power the legislature intended it to have. � . . ... .: ,.. . ::: : . . . . 54 "It is essential that courts constrtie:_the Brown Act� liberally��to: : accomplish the.purpos.es of the act. Otherwise it.may often happen that California cou�rts will�follow:the. lead of courts in less enlightened state�s and r.ule that. mee.tings:are not me:etings; unless vote.s are��taken: The courts may even decide that deliberations are not deliberations unle s s they end in a vote, . .: . , . • , � "Points 1 and 6 in the amendments, as listed in the League of California Cities memorandum, therefore seem to us to be of critical •importance. "The fifth point is partly a restatement of the law as it now stands. The law was changed.to include .this_provision..af.ter the_ attorney:. , - generaT held in 1.959 that no notice:.of.an executive�:,se.s.si�on�was. xe- . qu�i red. � . : .. �._ .. . .. ,_: . , .. . . . � .. . ��_ . . . . . .... . ....� . . . i�}.n�i .. _. : . . � . . ��..y . _ � .. "The legislature then amended.the law specifically to �over.come that attorney general's opinion. The amendment inserted the requirement that the executive session take_place 'during a regular or special meeting. ' ' :. '� - : _ : - . ,_, � . : . "In 1964 the attorne,y gene ral, noting this� legislative.acti.on•,. con- cluded that the 1959 attorney general's opinion was no longer valid. The�•'attorne}r general held in. 1964 tha�t the same notice is required . �• for an executive session.as for any.othermeeting:because_the : . ,, executive session must by law take:pla.ce. in_:a regular or special meeting. "We do n�ot see why there shouldi be �any obje.ction .to this requir.ement. It does:not op�en the.doo�rs �of exe:cutive-.sessions to:pr:ess and public. It simply requires that they be notified when executive sessions are held. ., � , . , _ _ . '.'The�proposed amendments would. add.a requir.ement.that;the sub- ject of the executive session be announced. Such an announcement would �make it clear to the public that the B rown Act was not being abused. 5uch announcements are now not usually made. This leaves th� way open, particularly where public :officials are inexperienced, for accidental abuse of the. Brown Act provisions that allow closed sessions for certain special purposes. "We would not insist .that precise details of the topics to:�.be. discussed at executive sessions be made public. But it seems reasonable that the public should know the gene�ral nature of. these. topics, . . : :�� . .... . _ . : . . . "The �four-th�point listed:in.tYie -League.rnemorandum also seems to us to be an`e s s ential ane if� the pu rpos es of'the. B rown Act:a re �not to be evaded;- �If consultation wi-th 'courisel is .a valid _reason'for_a closed meeting, with few restrictions, it obviously becomes ver.y easy to hold closed meetings on a wide variety of subjects. "Most matters with which you and other publie agencies.deal have � 'legal ramifications: Cou�ncilrrien, . .s:chool trustees and district directors must often wish to discuss these with their attorneys. : But if they are allowecl to do so without clear-cut restrictions the Brown 'Act will be negated. It would be easy for elected public officials to eonduct .many discus.sions in private with attorneys and `� argue that an attorney-client relationship made it unnecessary to hold the discussions in public. 55 "The amendments se'erri .to us to a11ow adequate -oppor..tunity for the city�attorney to meet in� confidenc'e witlz councilmen where that is neces.sary to discuss legal �strategy. •.. �_ . . . . ' - ; , ,, "The amendments would not allow executive. sessions to discuss.::.. anticipated litigation. This seems to us to be an unnecessary restriction. • We think�the city:attorne.y. -- and other .attorneys for government agencies -- can be relied on not to abus.e the privilege of suggesting closed sessions to diseuss impending liti- gation. "The third amendment provision listed in the League memorandum seems to us to be a reasonable one. Public officers and employees now have the right to a public hearing. Surely it is proper.to protect that •right by -requiring the publ=ic agency to give .the individual 24 _ hours written��notice of�_h�is right to a .publi�c hearing. . "The-second arnend-ment.provisi�on 1i.s.ted in.the. memorandum does not �seem bo us to be�a necessary one for those government agencies we cover. We recognize that public officials. .who.cannot dev,o.te full time to public service frequently find it necessary to get together when time permits-.• We agree with you that impositi.on.of a require- ment of 24 �hours' advance notice .of.commi.ttee meeting.s. mi.ght often work a considerable hardship._ . � • . � � � "In recommending that the City Council go on record. in opposition to the proposed arnendments, the ci.ty attorney has:not .mentioned that . the amendments-are. also des,igned to .extend to sta�te agencie.s the . Brown Act requirements that now apply to you. . . - . "I am sure you will agree that the state's business is as.much a matter of interest to the public .as rthe city's busine.ss. .A:major . purpose of the amendments is to extend the public's r.ight to know activities of state agencies that are now too often conducted in secret. "In this matter, your interests are precisely the same as those of the general public. We would�hate to see you oppose. amendments designed to protect those interests. " . . i: After Mr. Levinson had read the.above s.tatement, the matter was tabled until the meeting of March 6th and the City Attorney was instructed to obtain a copy of the proposed legislati_on on this. issue for.consideration at that time. - RESOLUTION - re�Hiring Standards,for, Fir.efighting.Personnel City Attorney Murphy submitted a memorandum outlin�ing. proposed legislation pertaining to mandatory hiring standards for firefighting ��"Z pe rsonnel and recomm�ended that,Council adopt a res.olution:o.pposing said legislation as it removes local control. , . . . - .:i�. ;. MOTION: Made by Councilman Doherty, seconded by Councilman. . �. Chatfield tHat�Res olution�No. 3842 be. adopted, �a re solution�of the. City�:� Council of the�City of�Redding opposing AB 127,� and authorizing the Mayor to sign said Resolution, subject to the Mayor's approval of the specific language contained �therein. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and M'oty Noes: Councilmen - None Absent: Councilmen - None` ' ' Resolution No. 3842 on file in the office of the City Clerk. 56 RESOLUTiON = re Surve'y and Planning Application . � MOTION: -Made by Councilrrian D.oherty, seconded by Councilman Fulton that Resolution No. 3841 be adopted, a resolution of the City Council of the City of Redding approving the undertaking of surveys and plans for an Urban"Renewal Project and-filing an application therefor. Voting was as follows: ° - - Ayes: Councilmen !-Chatfield, Denny, Doherty, Fulton, ,and Moty Noes: Councilmen - None - . - Absent: 'Councilmen'- Norie - - ��� - Resolution No. 3841 on file in the office of the City Clerk. Cypress Street Bridge Widening.- continued Mayor Moty commented that it might be more de�sirable to make a definite commitment re-th'e City's share towa'rds the widening of the Cypress Street Bridge and for Council to adopt a resolution to transfer the funds. �He also stated that, upon further consideration, he.believes the proper approach• would be for the City and County to split evenly the additional $150; OOO needed. - , I MOTION: Made by Mayor-Moty, seconded by Councilman Doherty that f7��' Council reconsider the pr,evious _motion regarding this_matter (see page 48 of Minutes). The Vote: Unanimous Ayes MOTTON: Made by Mayor Moty, seconded by Councilman Doherty that the City'participate in the widening of the Cypress Street Bridge in the total amount of $175, 000, and the City -Attorney be instructed to prepare the necessary document. ' - Voting was as follows: Ayes: rCouncilmen = Chatfield; Dohe rty, •and Moty' . Noes: Couricilmen =� Denny and. Fulton Absent: Councilmen -' None _ � , ROUTINE COMMUNICATIONS /7�` City of Redding Fire�Department Report for January, 1967 Application for Alcoholic Beverage License - Ri cardo's (Orvial ��L� � Sherrnan) 132i Rlace'r -Street;- Redding , ��� Communication from Department of Water,Resources re water s tanda rd s �� Communication from State Department of -Public F-Iealth re ��� Rabies �Region VI ` ' Shasta-Cascade Wonderland Association publicity re Trinity /,�'% Divide Country . - ' ' - ADJOURNMENT . ` There_being no further business, at the hour of 2:05 .A. M. , upon the motion of Counci'lman Chatfield, seconded by'Councilman Denny, the meeting was adjourried. A OVED: ATTEST: . � .. �,�� � �� a r � ( /VlO�f�'!.�G�//� //-;A„�r.�/.r,�-� `-City Cle rk" ' �/ ' �