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HomeMy WebLinkAboutMinutes - City Council - 1967-05-29 132 ,, .,. - . ; City_��of; Redding -;Adj;ourned-.Regular Meeting . - , , � ; . , Police Dept.: ,& Council,,Chambers:Bldg. .. . - ... . ,..- , :.R edding, . Califo rnia , , . ,._ . _: ,i .. _ . . . , May 29, 1967 ,,7:;00:;P,.M..-.,. _,. . . . The Pledge of Allegiance to the Flag was led by Mr. Grant Tilghman, Director of the Toyon Job Corp,s,Gonservation,Genter.;. ; , ; , , _. . � � . . ., � . i � The meeting,.was. called to,order ;at. ;7:00..P,,M.. .by,.Mayor Moty, with the following.�:Councilmen ;p.resent:_ Chatfield, Denny, :Doherty, .Fulton, and Moty. . . � - , . , ,.. , . � � . Also present.we,re,Gity� �Vla,nager,Cowden,; .;As,sis.tantl,`City Manager and ... -, Purchasing ;Agent Stewa,rt;.. .Cit,y. Atto,rney Murphy,, ,Finance Director and Personnel;Dir;ec,to..r,Court_ne,y„ Planning Director Harris, and Public Works Director Arness. , , . , _ . . - , _ .. _ . __ . . . . � . ,. . - COMMENDATION , . . . . Mr. Grant Tilghman, Director of the Toyon Job Corps Conservation Center, introduced Willie Hill who has been named Job Corpsman of the Month, .explaining -that:for.the,past seve,ral znonths, it ha.s .been.the policy of the Toyon Job Corps Conservation Center.to make an award each month to the Corpsman;wh.o.has,made ,the greate.st ad,.v.,ancement in; educatio.nal and vocational skills and who has otherwise contributed,,to, the C.enter. ��;� Mayor Moty read and then presented to Willie Hill a letter of commendation on behalf of the City of Redding. , .. . Willie Hill thanked Mayor-Moty,and_then .prese,nted th,e,Ma,yor with. a check from the Toyon Job Corps Conservation Center for the Ted Lyons Memorial Fund .which, Mayor Moty accepted .with; grateful appreci.ation. . COMMUNICATIONS Proposed Redding Art Gallery ,. , Communications were received from Richard B. Eaton and Jack Thompson<u.rging.;C.ouneil_ to. support a re.quest for funds..to be made by the Civic Arts Commission for an art gallery proposed to be built adjacent to the present Redding Museum. � , . .. � . . . . .. . . . �fp�j� In.a discussion of thi.s,,matter it wa,s. brought out tha.t although members of Council are .in;favor of- this .pxoje.ct,. .it is doubtful_, that there will be sufficient money in the budget this year to allow for such a.;project: :.;;Gouncil authorized Mayor Moty to write to Messrs. Eaton and Thompson advising them to this effect. SETTLEMENT OF'SMALL CLAIMS ACTION Citjr Attorney Murphy advised..Council that the Small Claims Action filed by Charles H. Swim against the City of Redding was settled in favor-of /�.3 the City. The Department of Public Works appeared in Court on behalf of the City. SETTLEMENT OF CLAIM FOR DAMAGES City Attorney Murphy advised Council that the Claim for Damages filed �� by the Saratoga Motel on April 14; 1967 was settled by the City Insurance Carrier in the amount of $22. 50• 133 APPROVAL OF ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Doherty, seconded by Councilman Chatfield that Accounts Payable Register No. 24, warrant nos. 13201 to 13203, inclusive, in the amount of $50, 543. 83 be approved and paid, jvG� Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes; Councilmen - None Absent: Councilmen - None JOINT POWERS AGREEMENT - Shasta County and Cities Area Planning Council Councilman Doherty reviewed the Joint Powers Agreement for Shasta County and Cities Area Planning Council, stating that such Council is a requirement of the Federal Government in that all applications for Federal Grants through HUD and other Federal agencies must first be screened and approved or disapproved by such Council. In this Agreement an "area planning commission" is established which consists of three members of the Board of Supervisors L,i7� of the County of Shasta representing supervisorial districts numbered 2, 3, and 4, and of one member from each City Council of each incorporated City within the boundaries of the County of Shasta who shall be appointed by the Mayor of e�.ch such incorporated City with the consent of the respective City Council thereof. After considerable discussion, Mayor Moty recommended approval of the agreement as submitted by Councilman Doherty. MOTION: Made by Councilman Denny, seconded by Councilman Chatfield approving tlie Joint Powers Agreement for Shasta County and Cities Area Planning Council as submitted by Councilman Doherty and instructing the City Attorney to prepare.the necessary resolution. The Vote: Unanimous Aye s LOCAL AGENCY. FQRM.ATION COMMIS5IQN Mayor:Moty reported that pursuant-to the provis,ions of Gove.rnment Gode Sections 54783.and 54784, ;i,e and Mayor pro tempore James, Bingham of the City of Ande rs on had met and appointed He rbe rt S. B rown, Councilman of the City of Ande rs on, to se rve the unexpi red remainde r of the te rm as �`�� LAFCO Commissioner of Rudi P. Lenser, who resigned from the Anderson City Council. Also appointed to serve as the alternate member to LAFCO was Councilman Robe rt Chatfield � . - . , , BUDGET , City Manager Cowden reported that staff hopes to present to Council at the meeting of June 5th the Capital Improvement and Maintenance and Operation porti.ons of the 1967-68. budget; however, as it may not be possible to balance the budget and therefore the salary portion of the � budget will not be ready for submission at that time, it is the recommen- dation of Mr. Cowden that Council adopt a resolution to the effect that when the budget is adopted, any salary increases granted will be retroaetive to July 1, 1967. In a discussion of this matter Mr. Cowden�stated that he j;l�� feels certain the budget will be ready for adoption no later than August lst. MOTION: Made by Councilman Chatfield, seconded by Councilman Doherty instructing the City:Attorney to.prepare the necessary resolution re any salary increases:be made effective, retroative t.o July 1., 1967 and that a time limit be placed upon consideration of the budget to August 1, 1967. . . The Vote: Unanimous ,Ayes _ 134 701 PLANNING GRANT - Reconnaissance Report Planning Director Harris submitted a Reconnaissance Report prepared in connection with the City's 701 Planning Grant Application, explaining that �this Report must be approved by Council in order that the City's application can be reevaluated within the coming year. Councilman Doherty remarked that Mr. Harris a�ppeared to have done an excellent r job in the preparation of this document. /��.J MOTION: Made by Councilman Denny, seconded by Councilman Chatfield approving the Reconnaissance Report as submitted by Planning IDirector Harris. The Vote: Unanimous Ayes REZONING APPLICATION - RZ-3-67 MOTION: Made by Councilman Doherty, seconded by Councilman Fulton `�,� that a public hearing be held at 7:30 P. M. on June 19, 1967 on Rezoning Application RZ-3-67. The Vote: Unanimous Ayes APPEAL BY ROBERT KENNICOTT - re Interpretation of Planning Commission MOTION: Made by Councilman Denny, seconded by Councilman Doherty that a public hearing be held at 8:30 P. M. on June 19, 1967 on tlie appeal by Robert Kennicott from the interpretation of the Planning Commission re /yy'� 7 unit apartment house located in the Eastside Road Annex. The Vote: Unanimous Aye s AWARD OF BID Public Works Director Arness submitted the analysis and recomrriendation for award of bid for Linden Street 8 inch Sanitary Sewer Extension, Bid Schedule No. 403, which states it is the recommendation of tlie Department ���7 of Public W orks that the �contract be awa rded to A. Teiche rt and Son, the low bidde r. MOTION: Made by Councilman Ghatfield,_ seconded by Councilman Fulton that the recommendation of the Department of Public Works be accepted and that Bid Schedule No. 403 be awarded to A. Teichert and Son on their low bid of $25, 911. 45. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None � Absent: Councilmen - None RATIFYING REQUEST OF 20-30 CL;UB City Attorney Murphy reported that a telephone poll of Members of Council was made to obtain permission for the 20-30 Club of Redding to sell beer at the Posse Grounds on May 26th in addition to May 27th and 28th for which permission had already been granted. �.�% MOTION: Made by Councilman Doherty, seconded by Counc"ilman Chatfield ratifying the action taken by Council re granting permission to the 20-30 Club of Redding to seTl beer at the Posse Grounds on May 26th. The Vote: Unanimou s Aye s SETTLEMENT OF WESTERN PIPE CASES City Attorney Murphy reported that last year the City put in some claims in a joint action in which various City Attorneys joine,d- with the Attorney General in bringing an Anti-Trust and Collusion Bid Action ,against cer- �i�,/ tain pipe manufacturers. This actiori was recently settled in the amount �.r� of $21, 275, 000, and it would appear that the City of Redding will recover approximately 9% of its provable claims, roughly estimated at between $10, 000 and $15, 000. Mr. Murphy said he would give a more complete report when he has more details. 135 LEGIS LATION City Attorney Murphy submitted a communication and a copy of Senate Bill No. 721, pertaining to modification of the Collier-Unruh Local Transportation Development Act, received from Senator Marler, Jr. , and. other documents pe rtaining .to said Senate. Bill. Public Works Director Arness commented on some of the modifications to the Collier-Unruh Act, and City Manager Cowden recommended that ��� Council support Senate Bill No. 721. City Attorney Murphy suggested that if Council chooses to support the Bill, it should authorize the Mayor to contact:Senator Marler by phone .inasmuch as the Legislators are so busy they are not opening their mail. � , MOTION: Made by Councilman Chatfield, seconded by Councilman Denny authorizing the Ma.yor to contact Senator .Marler and advise him that the Redding City Council supports Senate Bill No. 721. The Vote: Unanimous Ayes RESOLU TION - re Abatement City Attorney Murphy submitted a resolution of intention to begin legal proceedings of abatement which he said is the City's first action under the recently adopted Ordinance No. 927, providing for such abatement proceedings. Mr. Murphy explained;that exhaustive means-had been made to have the owners of the property (which is located on Eureka . Way. just west ,of Sunset Terrace) aba.te_these structures but neither he nor the Fire Mar'shal had met with any success. He further explained ���J� that prior to the abatement of the struct�ires a public hearing will be held and the owne,rs will have an opportunity to appeal. MOTION: Made by Councilman Denny, .seconded by Councilman.Fulton that Resolution No. 3899 be adopted, a resolution of the City Council of the City of Redding of intention to begin le,gal proceedings of abatement under Chapter 15 of the Redding City Code on certain real property in the City of Redding. , Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 3899 on fil.e in the office _of the City Clerk. REQUEST .FOR PERMISSION TO BUILD OVER.EASEMENT - Business from the floor Mr. .Frank Wilson appeared before Council and stated that Robert and Mrs. Leta Schuitens, Sierra Tire Service, wish to construct a building on Hilltop Road immediately north of the Redding Saw Wo rks; howeve r, the re is a 15' sewer easement on the particular_ portion of the property on which ��� they wish to locate their building. Mr. Wilson said the Schultens have agreed to adequately protect the sewer line if the City will grant them permission to construct the building over the easement. Public Works Director Arness said he would recommend that Council grant this permission if the following conditions are met by the applicants: 1. Provide an engineered spread foundation to protect the pipe. 2. That the s,ewer line be replaced in. cast iron or encased in concrete. 136 3. Provide manholes and cleanouts on either side of the. building. . 4. Record an agreement re replacement if line fails � 5. Provide for relocation of the sewer line now or comply with above conditions. MOTION� Made by Councilman•Doherty, seconded by Councilman Denny approving the recommendation of the Director of Public Works re granting permission to the Schultens to construct a building over an easement; and instructing the City Attorney to prepare �the necessary agreement, Tlie Vote; Unanimous Ayes � EXECUTIVE SESSION - re Settlement of Menning Park Golf Course Glaim Mayor Moty declared an Executive Session to discuss possible settlement of the Claiin of Menning Park Golf Course. Councilman Chatfield did not attend the Executive Session and did not vote on this matter. Members of Council returned to the Council meeting. j,;{j City Attorney Murphy recommended that the Claim for Damages fi led by the Menning Park Golf Course be settled in the total amount of $3, 500 with the City of Redding to be reimbursed 50% of this sum by the firm of Clair A: Hill & Associates. Voting was as follows: � - 1VIOTION: Made by Councilman Denny, seconded by Councilman Doherty approving the recommendation of the City Attorney re settlement of the Claim of Menning Park Golf Course.• Voting was as follows: Ayes: Councilmen - Denny, Doherty, Fulton, and Moty Noes: Councilmen - None - � Absent: Councilmen - None Abstain: Councilmen - Chatfield BUCKEYE COUNTY WATER DISTRICT - City Attorney Murphy submitted an amending Resolution of Local Agency - : Formation Commission of_the County of Shasta Resolution No. 67-1, a resolution conditionally approving a plan of reorganization for the Buckeye County Water District. Mr. Murphy _sa�id this.document represents suggested amendments to the original resolution to meet the legal objec- tions of the City of Redding to the-original resolution.� He further-stated that it is felt this does not represent any substantive changes of the `�j`� general policy evidenced by LAFCO in its original resolution. He stated tha�t this amending resolution is the joint-product of the County Counsel and himself and that Mr.- Rehberg was..of the opinion tliat all changes the rein we re legal. � � � - The amending resolution was read in its entirety, and questionning centered around the requirements that the City must establish a maxi-- mum water rate to be effective for five years and that the City must deposit a sum of approximately $185, 000. 00 prior to the dissolution election. • Councilman Denny objected to the five year maximum water rate. When it was pointed out that the rate may be increased under certain circum- stances, he argued that it would still be necessary to obtain the approval of LAFCO or go to court. 137 Both Councilmen Fulton and Denny objected to the deposit of the $185, 000. 00. It was pointed out that the amending resolution provides for the recovery of the money if the dissolution election is unsuccessful. Councilman Denny questioned, also.whetlier it is proper for the City to assume the cost of improvements or other expenses attributable to the incorporated portion of the District, as set forth on page 6 of the docu- ment. Councilman Fulton said he does not think the amended document will be acceptable to LAFCO or to the City of Redding. He questioned the con- tradiction of basic concepts caused by the imposition of a 5 year maximum water rate while at the same time providing that the system shall be operated at no profit or loss to the City. Councilman Denny indicated he.woulcl prefer annexation of the District to accepting this document, annexation being the advice of Special Counsel. Mayor Moty said he does not feel that annexation is at all feasible. It is his belief that the City would operate the system on a no-profit-no-loss basis and that the City.should either come up with a reasonable maximum water rate that the City could live with for five years or set an arbitrary maximum water rate so high that it has no meaning, but with the under- standing that .the City. would operate the system at rio profit and no loss. Mayor Moty said that although the document is not in the form he would like to see it in, he feels the City has no option but to accept or reject it as it now stands. Councilman Fulton said he is in agreement with the Mayor with respect to the maximum rate but is against the City being forced_to deposit the money and is not interested in the City taking over the sewer assessment district. Councilman Chatfield said he is basically in agreement with the Mayor but can see Councilman Fulton's point of view. Mr. Chatfield thinks the City has an obligation to the people in the Buckeye County Water District who live within the City. He mentioned that if the City annexed the Buckeye County Water District, it would assume all of the District's obligations, charge only the in-City water rate and recapture no portion of such costs. He can't see where the City will lose under the amending resolution and thinks this approach will be cheaper for the City than total annexation. Councilman Denny said he thinks it would be a most unwise move to dis- regard the recommendation of Special Counsel; that the resolution does not give the City the protection it is entitled to and that although the resolution has been modified slightly, no substantive changes have been made. Mr. Denny said if Council proceeds he would certainly want comments by competent Counsel. Councilman Doherty said he thinks it is time to take action. He feels that approval of the resolution is a proper step for the City to take. This permits dissolution of the Buckeye County Water District and removes a barrier to annexation. He believes approval of the amending resolution is in the interest of the City and in the interest of the people of the District. Councilman Chatfield further stated that approval of said resolution does not bind Council to proceed. If Council deems it unwise to pro- ceed, this can be accomplished simply by failing to deposit the required $185, 000. 00 prior to the dissolution election. 13g MOTION: Made by Councilman Chatfield, seconded by Councilman � Doherty.that Council approve the amending Resolution of Local Agency Formation Commission. of the County of Shasta Resolution No. 67-1, and that the proper persons on staff be instructed to present a maxi- mum .wate r rate at the meeting of.June 5th, author.ize the Mayor to sign. the endorsement attached to.the amending resolution, and authoriz:e the City Attorney to submit the .executed document to LAFCO. Voting was as follows: . Ayes: Councilmen - Chatfield, Doherty, and Moty Noes: Councilmen - Denny.and Eulton Absent: Councilme.n -, None ROUTINE COMMUNICATIONS . �,�,� ICCCNC Minutes of Meeting of May 16, 1967 Authorization from Division of Highways to advertise for bids ����� on Placer Street widening Shasta-Cascade Wonderland Association publi.city re Lakes in the �� � Shasta-Cascade Wonderland . ' Application for Alcoholic Beverage License - D. H. & J. M. Darrell, /���� dba Northern L,iquor . . ADJOURNMENT . � There being no further business, at the hour of 10:35 P. M. , upon the motion of Councilman Denny, seconded .by. Councilman Fulton, the meeting was adjourned. APPROVED: -_� �� f ,--, / � _ � ° _ Ma o .. � ATTEST: . �....,% / �,. � � �'"� �� /, ' . . �l s��.rl.z_.e,i%�C� //-�-����i,f.; Le'9-,�- City Cle rk �