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HomeMy WebLinkAboutMinutes - City Council - 1967-06-19 150 City Council, Regular Meeting � Pol'ice Dept. & Council Chamb'ers Bldg. Redding, California � � • June 19, 1967 7:00 P.M. The Pledge of Allegiance to the Flag was led by Bob Courtney, Director of Financ e. Major Ben Pollgreen of the Redding Salvation Army offered the invocation. The meeting was called to order at 7:00 P. M. by Mayor Moty�with the following�Councilmen present: Chatfield, Denny, Doherty, Fulton, and Mayor Moty. Also present werer:City Manager Cowden, Assistant City Manager and Purchasing Director 5tewart, City Attorney Murphy, Finance Director and �Personnel Director Courtney, Planning Director Harris, Public Works Director Arness, Airports Mariager McCall, and Recreation � Director Nelson. � A PPRO VA L OF MINUTES It was noted that there is an error in the Minutes of the meeting of June ?th which should be corrected. Page No. 148, the next to the last paragraph should read as follows: � "In answer to an inquiry of Mayor Moty, Mr. Courtney said he had allowed 3% per year for inflation of labor costs in developing the water rate. " • MOTION:� Made by Councilman Chatfield, seconded by CounciTman Fulton that the�minutes of the regular meeting of June;5, 1967 be approved as mailed to each Councilman, and tliat the minutes of the adjourned regular� meeting of June 7, 1967 be approved as corrected above. The Vote: Unanimous Ayes COMMUNICATIONS � Family of Ted Lyon A letter dated June 7, 1967, was received from the family of�Ted Lyon expressing gratitude to the City Council for their concern in behalf of Ted Lyon after his tragic mishap., The letter stated; � "We would appreciate your expressing our sincere thanks to the ��� many City and County bodies that joined together for first of all, donating blood toward Ted's recovery and secondly, tlie respect ' and consideration at his funeral and the Legal Holiday declared in his honor. " City Manager Cowden submite'd:copies of his reply to Mr. and Mrs. Herbert Lyon and Family and to Mrs. Roena Callison and Family. Resignation'from Planning Commission In a letter dated June 14, 1967, James Hull resigned as a member of and Chairman of the Redding Planning Commission effective June 30th, 1967. In his letter Mr. Hull explained that this action is taken upori th�e advice of his physician. He said that he has enjoyed ��� the cooperation extended by the Council and all other officials of the ��,� city and it has been a real pleasure to work under these conditions. Mayor Moty spoke of the outstanding service Mr. Hull has provided in a diffi.cult and trying position and on behalf of the City offered � sincere thanks and regrets that he must resign because of his health. MOTION: Made by Councilman Chatfield, seconded by Councilman Denny that the resignation of Mr. Hull be accepted and that he be presented with an appreciation plaque. The Vote: Unanimous Ayes 151 Planning Director Harris invited Council to a luncheon honoring Mr. Hull on June 27th at the Bonanza. Soroptimist�Club - Senior Citizens Building In a communication dated June 15, 1967, the Soroptimist Club of Redding requested a statement of availability of building site for a Senior Citizens Building and the value of that site to support an L���fC application that the Club is making to the Soroptimist Foundation for additional funds to assist them in their project of a Senior Citizens` Building for Shasta County. Mayor Moty reported that the site which has been chosen for the project is along the river front between Benton Drive and the Elks Club. Councilman Doherty raised the question of establishing archi- tectural control.of the building and approval of the general design and location of the building by the Planning Commission. City Attorney Murphy reported that the finality of plans is dependent on the availibility of funds. He said that it is intended that the building be 7000 square feet in size and that it be of appropriate wood architectural design. He said the preliminary plans and front elevations w:ere submitted to the Planning Department months ago. � C.ouncil concurred that the plot plan showing the building location, parking lot, front elevations and general architecture should be submitted to a committee made up of inembers �of the Parks and Recreation Commission and the i raffic and Parking Commission and the Civic Arts Commission `for review and recommendation to Council. MOTION: Made by Councilman.Doherty, seconded by Councilman Denny that the Mayor be authorized to sign a letter of intention to the Redding Soroptimist Club indicating the willingness of the City to provide an appropirate site for the 5enior Citizens Building. The Vote: Unanimous Ayes Appeal by Riverside Park - UP-41-67 � In a letter dated June 14, 1967, John A. Spann representaing Riverside Park requested reconsideration of the action of the Planning Commission on their conditional approval of UP-41-67, an application for permission ��y� to remove dredger tailings from the Benton property north of the Sacramento River east of Market Street. � � MOTION: Made by. Councilman Fulton, seconded by Councilman Doherty that a public hearing be held at 7:30 P.M. on July .10, 1967 on the appea.l by.Riv.erside Park. The Vote: Unanimous Ayes Redding Police Association - re Salary & Working Conditions A statement from the Redding Police Association requesting changes in salary and working conditions was referred to the City Manager ��� and Finance. Director for study and referxal back to Council as soon as possible. APPROVAL OF CLAIMS AND PAYROLL . MOTION: IVlade by Councilman Doherty, seconded by Councilman Chatfield that Accounts Payable Register No.. 26, .wa:rrant nos. 13359 to 13555, .inclusive, �v� in the. amount of $147, 438. 25 be approved and paid, and Payroll Regis:ter No. 25, warrant nos: 960? to 9850, inclusive, salaries 'in the amount of $64, �324, lq � _ for the period May 28, 1967 through June 10, 1967 be approvecl. Total $211, 762.44 � 152 Voting was as follows: ' Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None � TREASURER'S REPORT Councilman Doherty, Finance. Committee, submitted a report showing �`�� Total Treasizrer's Accountability for the month ending May 31, 196.7. to be $3, 472, 175. 87. CLAIMS FOR DAMAGES - lst hearing Dennis Parker - Claim filed 6/15/67 MOTION: Made by Councilman Doherty, seconded by Councilman Fulton that the Claim for Damages filed by.Dennis Parker on /�,� June 15,' 1967 be referred to the City Attorney and the Insurance Carrier, and the City Clerk be instructed to reset the claim on the Agenda for July. 17, 1967. The Vote: Unanimo.us Ayes CLAIMS FOR DAMAGES - 2nd hearing Raymond E. Harwell - Claim filed 5/ 11/67 MOTION: Made by Councilman Fulton, seconded by Councilman Denny that the Claim for Damages filed by Raymond E. Harwell on ��3 ' Ivlay 11, 1967 be denied, and the City Insurance Carrier be advised of Council action. The Vote: Unanimous Ayes Merna Stout - Claim filed May 5, 1967 MOTION: Made by Councilman Fulton, seconded by Councilman Denny that the Claim for Damages filed by Merna Stout on May 5, 1967 be denied, and the City Insurance. Carrier be advised of Council action. The Vote: Unanimous Ayes Max B raun - Claim filed 5/4/67 . MOTION: Made by Councilman Fulton, seconded by Councilman Denny that the Claim for Damages filed by Max Braun on May 4, 1967 be denied, and the City Insurance Carrier. be advised of Council action. The Vote: Unanimous Ayes � PUBLIC HEARING - Rezoning Application RZ-3:-67 - Bechelli Lane The hour of 7:30 P.M. having arrived, Mayor Moty opened the Public Hearing re Rezoning Application RZ-3-6? - Bechelli L,ane The following documents are on file in the office of the City Clerk: Affidavit of,Ivlailing - Notice of Public Hearing /`�`/ Certificate of Publication - Notice of Public:.:,Hearing Planning Commission Recommendation dated June 14, 19.67 The City Clerk advised no written protests had been filed. Planning Director Harris briefed members of Council on the recommendations of the Planning Commission to rezone area shown on Exhibit PC- 1 from R-3- 15-B-4 (General Multiple-Family Residential' requiring a minimum building site area of 40, U00 , square feet and side yards of 20 feet) District to R-3- 15-B- 1 (General Multiple-Family Residential requiring a minimum building site area of 10, 000 square feet and side yards of l0�feet) � District. The property is located on the west side of Bechelli Lane, 2400 feet north of Grove Avenue. 153 Mr. Harris explained the property owner originally requested the R-3- 15 zoning for the property. After considering the application�ori�.nally, the Council approved the R-3- 15-B-4 upon the recommendation of the Planning Commission. The purpose for the B-4 designation was to ensure a 20-foot buffer along the north property line adjacent to R- 1, 5ingle Family properties. Since this action, the property owner suggested the use of a 20-foot easement to satisfy the buffer area which the Commission felt was desirable:. The Commission �then initiated action to rezone the property, assuming tliat an easement would be provided. Mr. Joe Gregory, owner of adjoining property on the north, requested further explanation of what had transpired in the past year regarding the 20-foot buffer strip and building height restrictions. City Atto�ney Murphy informed Mr. Gregory that the 20-foot buffer strip wiTl be guaranteed by the acquisition of a 20-foot permanent easement. He explained that lot sizes are controlled by B- 1 or B-4 zoning. The building height restrictions will be the same as in an R-3-15 zone and buildings cannot be built above a certain height unless a variance is granted. � Mr. Murphy advised that the attorney for the property owners has delivered an easement to him and he is holding the same in trust, to be recorded when the R-3- 15-B-1 zoning becomes effective. Mr. Harris stated his reason for recommending B-4 zoning is that he feels the larger lot size is more compatable to the area: MOTION: Made by Councilman �Doherty, seconded by Councilman Fulton that the hearing be closed. The Vote: Unanimous Ayes Councilman Fulton offered Ordinance No. 931 for first reading, amending Section 30-3 of the Redding City Code, 1959, as amended, relating to the rezoning of certain real property in the City of Redd'ing. ' PERMIT TO CONSTRUCT 'OVER SEWER EASEMENT MOTION: Made by Councilman Doherty, seconded by Councilman Chatfield approving a permit issued to Robert Schultens and Leta Schultens, granting them permission to construct a commercial building over a 15-foot easement J�/ for sewer immediately East of the easterly line of Lots 6 and 7, Block F, of the Ottonello Subdivision, and authorizing the Mayor to sign. The Vote: Unanimous Ayes. LEGISLATION City Manager Cowden submitted a memo dated June 13, 1967 containing recommendations relating to AB No. 901 and AB No. 902 that they both be opposed. � �02 MOTION: Made by Councilman Chatfield, seconded by Councilman Doherty that our State Senators and State Assemblywoman be notified that the City Council opposes AB No. 901 and AB No. 902�. The Vote: Unanimous Ayes CIVIC�AUDITORIUM-CONVENTION HAL,L-TRADE CENTER - Grant City Manager Cowden submitted a recommeridation dated June 19, 1967 that Council authorize the Mayor to execute an Offer of Grant, dated . June 9, 1967, between �the United States Department of Commerce, ,�:/�� Economic Development Administration and the City of Redding for Project No. 07- 1-00259, on our New Civic Auditorium-Convention Ha11-Trade Center Complex. 154 MOTION: Made by Councilman Denny, seconded by Councilman Chatfield that. the Offer of Grant be accepted together with the special conditions and standard terms of conditions in the Offer of Grant, and the Mayor be authorized to sign. The Vote: Unanimous Ayes PRELIMINARY BUDGET - Schedule City Manager Cowden submitted a recommended schedule for consideration of Preliminary Budget.for Fiscal 1967-68 and setting of date for Study Session on Resolution and Ordinance pertaining to a Personnel System. Council agreed to meet on June 21st and 22nd from 7:00 P.M. to 9:00 P.M. ��.�J to consider the M & O and Capital portions of the budget and to adjourn the meeting tonight to June 30th for the purpose of adopting the afore- mentioned portions of the budget. The study sessions on the Personnel portions of the budget will be postponed until July. CONTINUED PUBLIC HEARING - Rezoning Application RZ-2-67 - South City Councilman Doherty abstained from discussion and voting on this item.� The hour of 8:00 P. M. having arrived, Mayor Moty conti:nuecl�the ��� Public Hearing re Rezoning Application RZ-2-67 - South City Area. The City Clerk advised no written protests had been filed. � Planning Director Harris briefed members of Council on the recommendations of the Planning Commission date.d June 14, 1967. In reconsideration of this rezoning, the Commission concurred with the request to leave Area 1 and 2, shown on Exhibit PC- 1 in the "U" UncYassifiedt District as these properties are prirnarily steep hillside area�s which could not feasibly be developed. The Commission confirmed their previous recommendation for the area south of El Reno Lane.as follows: Area 3, shown on Exhibit PC- 1 is proposed to be rezoned from "U" Unclassified to: Area between Riviera Drive and El Reno on the west side of Cedar Road - R-2 ' Axc�.on west side of Cedar between Riviera Drive and Riding Club - R-2 Area on east side of Cedar Road about 300 ft. north of Keny�n Drive to be zoned R- 1 Remainder of, "U" District from the Riding Club south - R-3-15 Councilman Chatfield inquired about the area to the right and south- east of Area 2 which is a large "U" parcel. Mr. Harris advised that the department is interested in establishing , an area for trailer parks, The only type of zoning wh ich allows� trailer parks is Industrial. Mr. Harris hopes the area mentioned by Mr. Chatfield will be considered for a Trailer Park Di�strict. MOTION: Made by Councilman Fulton, seconded by Counci�lman Denny the Public Hearing be closed. The Vote: Unanimous Ayes Councilman Denny offered Ordinance No. 932 for first reading, amending Section 30-3 of the Redding City Code, 1959, as amended, relating to the rezoning of certain real property in the City of Redding. 155 y RE.ZONING APPLICATION RZ-4-67 - ptn Freebridge & Eastside Road Annex City Attorney Murphy advised that due to an article in the Record Searchlight, several people are at the meeting expecting a Public Hearing this evening on RZ-4-67. The people were told that the item is on the agenda for the purpose of calling a Public Hearing. MOTION: Made by Councilman Chatfield, �seconded by Councilman Denny jyy that a public hearing be held on July 10, 1967 at 8:00 P.M. on Rezoning Application RZ-4-67, Planning Commission initiation re a portion of Freebridge and Eastside Road Annex. The Vote: Unanimous Ayes SUPPLEMENTAL APPROPRIATION5 - Fiscal Year Ending June 30, 1967 Finance Director Courtney submitted a request for Supplemental Appropriations for the Fiscal Year ending June 30, 1967. He also submitted a Summary of Appropriations Adjustments dated June 15, 1967�<:.and a proposed resolution authorizing appropriations adjustments. He requested ��� that action be deferred until June 30th, after the Council has reviewed the Summary in detail. AWARD OF BID - Standard Steel Utility Building Purchasing Director Stewart submitted the analysis and recommendation of Bid 5chedule No. 406 for Standard Steel Utility Building which stated it is the re`commendation of the City Manager ��.:and the Purchasing Director that the bid be awarded to Robert S. Bryant, the low bidder. ��G MOTION: Made by Councilman Denny, seconded by Councilman Fulton accepting the recommendation of the City Manager and the Purchasing Director that Bid Schedule No. 406 for Standard Steel Utility Building be awarded to Robert S. Bryant on their low bid of $3, 890. 00, tax included. Voting was as follows: Ayes: Gouncilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: � Councilmen - None Abs:ent: Councilmen - None AWARD OF BID - Tractor Loader Purchasing Director Stewart submitted the analysis and recommendation of Bid Schedule No. 407 for Diesel Powered Industrial Tractor Loader With Scraper-Scarifier Front End Loader With Side Mounted Mower, which stated it is the recommendation of the City Manager and the Purchasing Director that Bid be�.awarded to International Harvester Tractor, the low bidder. � . ��� MOTTON: Made by Councilman Chatfield, seconded by Councilman Doherty accepting the recommendation of the City Manager and the Purehasing Director that Bid Schedule No. 407 for Tractor Loader be awarded to Internati�onal Harvester Tractor on their low bid of $5351. 32, tax included. Voting was as follows: Ayes: G:ouncilmen - Chatfield, Denny, Doherty, Fulton,. and Moty Noes: Councilmen - None Absent: Councilmen - None REZONING APPLICATION RZ-5-67 MOTION: .Made by Councilman Doherty, seconded by Councilman Chatfield that a public hearing be held on July 10, 1967 at 8:30 P.M. on Rezoning Application RZ-5-67, requesting a change from R-3-15 to CO-BR on the /�-/�� east side of Park Marina Drive between Rome and Olympus Avenues. The Vote: Unanimous Ayes GENERAL PLAN AMENDMENTS - GP67-l, 2, and 3 Planning Director Harris submitted the. Planning .Commission Recommendation.;:; dated June 15, 19.67, that the Master Water Plan- 1966 and the two Airport Master Plans be adopted as a part of the General Plan of the City of Redding. �{y� 156 MOTION: Made by Councilman Denny, seconded by Councilman Fulton that a public hearing be held on July 17, 1967 at 7:30 P.M. on General Plan Amendments GP67- 1, 2, and 3. The Vote: Unanimous Ayes PUBLIC HEARING - Appeal re 7-unit apartment house, Wyndham Lane The hour of 8:30 P.M, having arrived, Mayor Moty opened the Public Hearing re the Appeal�from Planning Commi;ssion action re the 7-unit apartment house located at the east end of Wyndham Lane. � The following documents are on file in the office of the City Clerk: Affidavit of' Mailing - Notice of Public Hearing The City Clerk advised that no written protests had been filed,. and the IVIa.y_or�ascertained there were no protests from the floor. Planning Director Harris submitted the following documents: Opinion of Judge Abbe, clated March 30, 1967, #35531 Letter from Jae:re E. Hurley, Jr. , tia City Planning Dept:, dated April 6, 1967 Letter to 1VIr. Robert Kennicott from Bldg. Official, dated April 18, 1967 Memo to City Council from Plannin'g Director, dated April 21, 1967 Stop-work Order to Mr. Robert Kennicott from Bldg. Official, May l, 1967 Minutes of City of Redding Planning Commission, dated May23, 1967 Mr. Harris reported that the Planning Commission, by a vote of 4 to l, ruled on May 23, 1967, that there had not been sufficient construction of the apartment building to qualify it as a lawful nonconforming use. The Commission was advised at the Public Hearing that only site clearance and partial construction of forms had taken place prior to annexation. It was their decision that this was not substantial�in comparison with the total project. �y"�� The matter was brought to the Commission as a result of a stop- work order issued by the Building Official. Mr. Kennicott asked the Commission to rule on the question of whether sufficient const- ruction had taken place to qualify the building as a nonconforming use. The question of whether or not the extensions of the building permit were valid was not considered. by the Planning Commission. The question before the Commission and now before Council on appeal concerns only whether construction of the building wa�s sufficiently under way to qualify it as a lawful nonconforming use. He subrrii.tted photos which were offered as evidence at the Planning Commission meeting by the Olivers and which showed progress of the construction as of March l l or 12, 1967. Mr. Harris reported that the newly annexed area is a "U" Unclassified Zone and that neighbors in the area had protested the construction and a stop- work order was issued by the City Building Official on May lst, 1967. At the request of Mayor Moty, City Attorne'y Murphy briefed Council regarding the'determination to be made. He stated the purpose of the Public Hearing is to hear the appeal of R. M. Kennicott from the interpretation of the Planning Commission that an insufficient amount of work toward completion of an apartment building on this site had been completed prior to the time the area annexed to the City of Redding. He advised that prior to annexation, the Shasta County Building Department had issued a building permit for a 7-unit apart- ment on the site; demolition ofc an old building had started and that two extensions of the permit were requested from and granted by the County. In the meantime, the area was zoned Residential `::- 157 by the County which made the apartment house a nonconforming use. The County Planning Commission ruled that the extensions of the building permit were validly granted. Upon appeal, the Board of Supervisors sustained the action of the Planning Commission. The Olivers brought an action before the Superior Court and were granted a temporary injunction but later were refused a permanent injunction. The trial on the issues has not yet been held. . Mr. Murphy stated his opinion is the issue is not�the validity of the extension of the building permit but the issue is "Was there a sufficient degree of construction prior to annexation to qualify the apartment house as a nonconforming use ?". Tn answer to a question from Mayor Moty, City Attorney Murphy advised the Council should be concerned with events prior to the annexation such as evidence as to the nature and extent of construction, demolition, site preparation, etc._, that went on in relation to the apartment building prior to annexation and at the moment of annexation. He, said the validity of.the permits and extensions granted by the County are not issues at this Hearing. Clyde Small, Attorney representing Mr. Kennicott, stated that Mr. Kennicott had performed the following work prior to the adoption of the Ordinance of Annexation: Demolished old building Graded proper.ty Laid forms He stated a crew was working at the time the temporary injunction was issued on March 13th and that the area ca�me into the City on March 14th. He read the following section of the City Code: Sec. 30-1. Def initions. 55. Nonconforming structure. A structure or portion thereof law- fully existing at the time this chapter became effective and which was designed, erected or structurally altered for a use which does not conform to the use of the zone in which it is located, or which does not comply with all the height and area regulations of the zone in which it� is located. 56. Nonconforming use. A use of a structure or land existing at the time of the adoption of this chapter which does not conform to the regulations for the zone in which it is located, as set forth in this chapter. Mr. Small said that the word "erected" as defined in the code does not mean the amount of work done. He said the Planning Commission questioned how much work is a substantial amount of work. He advised that as soon as the temporary restraining order was removed, Mr. Kennicott resumed work until he was stopped by the City. He concluded that the Ordinance, reading as it does, requires that as a matter of fair play, Mr. Kennicott should be permitted to continue with the construction of the apartment house. :Jere Hurley, Attorney representing Stuart M. & Mary H. Oliver, adjoining property owners,ca-11ed:1Vlr. Kennicott as a witness. Mr. Hurley stated he wanted to clarify Yiiatory which had been inadequately or inaccurately stated. , - Mr. Hurley: Q Mr. Kennicott, was there an existing building on the property? A Yes. 158 � Q It was on :a,lo_t..3'00','. by .100',;.was;:i:t not? A Yes. Q This building was finally burned on February 9, 1967, was it not? A Yes • Q It'is your int�ention to construct a 7 unit apartment house• on this � site ? A Yes. - Q Back 5' from the rear lot line of the Olivers ? Have you cal- culated the cost of the building per square foot? A Side lot line, not exactly.• Q You testified before the Commission that $3, 000: was spent on grading mostly? A For grading, plans,� engineering, form work; this was actual ' cash outlay. ' In addition, lots of time was spent by myself and staff. The total amount would exceed $3�, 000. ' Q Your building permit is for $79, 000? A The County established the amount of the permit from their own estimate. Q At the Planning Commission Hearing, you stated the cost at about $80, 000? A Yes. Q Your plans could be used on any level lot ? A Yes. Q The grading is equally usable for Single Family Residential development? A No. Trees were removed and the lot wa's cut to a different degree. Not as much grading would have been done for Single Family Residential. � Q At•the Planning Commission, you testified forms were installed on March lOth? A No, March 8th. Q Have you reviewed the Minutes of the Planning CommissionY A No: Mayor Moty read the Planning Commission Minutes that'�.bout March 8th, construction was started; that March lOth, forms were installed'!:� A Excavation and construction of forms was started on March 8th. The building Inspector was requested to make inspection on March lOth and forms were partially complete at that time. Q The forms were put up in the rain, were they not? 159 A I don't know. Q It rained from the lOth to the 14th that month. The pictures taken March llth shc�,w a lot.of water on the premises. � A . We wern't stopping for that kind of weather. Q What happens to fonms put in in the rain? A We put forms in all winter. Q Since the annexation, you have removed the forms ? A . They have been partially removed by the .subcontractor to use c� on another job. Q That partial r.emoval caus ed additional expens e ? � A No, the job was contracted by a subcontractor. He removed the forms without my knowledge. Q You didn!'t me�nition a 's;ubcontractor to the Planning Commission? A There was no need to. Q According to the minutes of the Planning Commission, you stated the forms were needed on other jobs. A They were used by the contractor who works for me on a contract , basis, not on payroll. Q Would your testimony be the minutes of the Planning Commission , * . are in error ? A I wouldn't testify where the forms were used.. I didn't know they were taken out until days after they were removed. Q That will be all for now. � In answer to a question from Mr. Small, Mr. Kennicott stated the forms were returned to the Job after the restraining order was dis'solved. Mayor Moty asked for.comments from the floor.. Frank M. Kbhl, Architect stated he resides in the Freebridge-Eastside Road area. He .said, property owners had.been advised the zoning for the area was to be R- 1 and as a home owner in the area, he wished to protest the location and erection of an apartment house in that area. Maurice Johannessen stated he lives in the area. He said the area has some of the most valuable residential property now being developed in the City and he wants to protect it. He further said that due to an industrial core being developed west of the ACID canal, feeder roads through the area and dangerous corners are going to be a problem. Any multiple construction will worsen the,traffic condition. Dr. Dixon, 3188 Wilshire Drive stated he lives across the river from the proposed construction: that he spends a lot of time in hi's backyard and patio and it i.s ;not desirable to look across the river to an apartment. The_ area should be R- 1. He reported that the Record Searchlight for tonight. listed 101 apartments, 59 furnished and 42 unfurnished. He �60 stated this is a sizeable vacancy factor and this should be considered before further zoning for apartments is adopted. ' Dr. David Gasman, 310 Weldon St. , said he wished to defend his interests which would not be served by the erection of a multiple dwelling unit. He said he intended for the home he purchased in the area to be his home for the rest�of his life and that one or more multiple dwelling units in the area would be a threat to him. Mr. Hurley said he now wants to skip past history and deal with what happened a few days before annexation. He said the basic theory of Zoning is for the highest and best use of the land unless developed for a different use before zoning is applied. If a structure is already built, it can't be forced to be torn down but it can be condemned. He again read the definition of "nonconforming use" and questioned if "structure" meant totally constructed? He said the provision c>f Sec. 30-2 should not be overturned; that the provisions of this chapter should control. He then read "Zoning Concepts in California" re non- conforming use. He stated that all Mr. Kennicott has done is preparatory work which doesn't count; that actual permanent construc- tion needs to be in place. � In review he said, nothing but preparatory work was done before annexation, that it was raining and the ground was wet when the forms were placed and that such forms get out of line and are no good. He said that 3. 7% of the total cost does not represent a substantial amount and that the plans can be used on any level lot, the grading is not a total loss. He said the application of Sec. 30-22 re interpretation should be considered in the interpretation appealed from. Mr. Hurley stres:sed that this issue should not be decided as one case, but that the. Council will be setting a precedent for the future; that if 3% of preparatory work is to be treated as sufficient construction to f-:. ` establish nonconforming use, that people will be out getti�ng that 3% constructed before future annexations. He concluded that the� Planning Commission action should not be overruled: Mr. Small expressed sympathy for the property owners who want R- 1 zoning but said this is a legal question. He said the City Code does not use the word substantia�l and that the word "erected" as defined in Sec. 30-. #33. includes built,� constructed, reconstructed, moved upon or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of the erection. He stated that if that is the standard laid down by the City, that is the standard to live by. He reported that Mr. Kennicott has tried to get the apartment going fo.r a'year. ' He stated that .the Planning Commis sion didn't- take the wording of the Ordinance into consideration. � At the request of Councilman Denny, Mr. Murphy again read,pertinent sections of the code re basic rules for nonconforming use,. definitions re nonconforming use and nonconforming structures and the purpose of adoption of a zoning plan. Councilman Chatfield inquired, what is a conforming use _in a "U" zone ? 1VIr. Murphy replied, anything for which the applicant obtains a Use Permit for a new use or new construction. He read a.portion of Sec. 30- 13 of the City Code re Unclassified "U" District: "Any land within the incorporated limits of the city, now or in the future, and not otherwise designated or indicated on the zoning map, shall be in the unclassified or "U." IDYstrict; also, any land hereafter annexed to the city shall be in the unclassified or "U" District until given a definite classification". 161 Mr. Chatfield questioned whether there was such a thing as a lawful nonconforming use in a "U" Unclassified Zone. He �pointed out that any new use in such a zone required a use permit, while a nonconform- ing use could only be commenced or enlarged in any other zone within the city by means of a variance. Mr. Small stated that if the nonconforming use is valid, Mr. Kennicott can proceed with construction without a use permit. Councilman Chatfield pointed out that in thi=5 case, a building permit had been issued by the County before R- 1 zoning took place. Mr. Murphy reminded Council that the validity of the use permit is not the issue. The issue is whether or not under the language of our code, and the general laws of the State, in balancing competing equities, did enough construction occur prior to annexation to qualify the use as a lawful nonconforming use entitled to be completecl. MOTION: Made by Councilman Denny; seconded by Councilman Doherty that the public hearing be closed. The Vote: Unanimous Ayes Mayor Moty expressed his opinion that the word "erected" as used in Sec. 30- 1, means completed, in the past tense; that excavation is not �included as a part of the structure. Councilman Doherty commented that the determination must be made on the merits of a narrow legal question. He was advised by Mr. Murphy that there have been no prior cases of interpretation of this portion of of the code. . : . ,. Councilman Denny said there is a.weakness in the Ordinance as it does not say what portion of a structure is sufficient to e;_s:tablish a nonconforming use. He stated that to prevent futu�re abuses, the City should indicate a more precise ratio for a percentage of completion relative to a plan of record. He said he takes exception to the wording of the Planning Commission motion; +."that:based on the testimony presented there was not substantial construction prior to annexation". He said substantial should not have lieen considered because the wor.d is not us.ed in the Ordinance. .. . � , . _ . . . The question was raised, "why was the stop-work order issued?" At whose'sizggestion?" c Mx. Murphy:said that:he had-.advised the Building , Official to issue the stop-work order because he felt a ruling bn the question of whether or not a lawful nonconforming use had proceeded to a sufficient degree prior to annexation was necessary and should. not be rriade by staff. . . . � . . MOTION: Made by Councilman Fulton approving the� decision.of the Planning Commission. The motion died for lack of a second. - .. Mayor..Moty. again stated the O.r.dinance is ambiguous; that the definitions of "constructe`d°1 and "structure" can be interpreted two ways. He said the Council must make up their own minds as to th�e intent of the Ordinance. MOTION: Made by Couneilman Denny,.:seco,nded by Gouncilmari Chatfield that Council finds under the provision of the Redding City Ordinance, that the applicant had established a nonconforming use at the time of annexa- tion of the property to the City of Redding.and therefore the action of the Planning Commission be reversed. 162 Mayor Moty again stressed that the decision must be made on the evidence and the code as it is written and the intent of tlie code. must be considered. . Councilman Doherty concurred and also said equity to the applicant and to the general public must be considered. ' He stated the land preparation was too inconsequential to qualify as a use or substantial investxnent;,under the language of the Ordinance. . Councilman Denny said if he felt the language was ambiguous, he would vote to uphold the action of the Plarining Commission because it is not a compatible use, but, the language of the code says a portion of the structure is sufficient and although what is defined as constituting construction is unusual, the language is explicit. Voting was as follows: Ayes: Councilmen - Chatf„ield, and Denny Noes: Councilmen - Doherty, Fulton, and Moty Absent: Councilmen - None � Councilman Chatfield stated that he feels :�.this has been a prolonged discussion as to whether, construction had been started.. He said it is inconceivable to have a restraining order to stop all work if.work had not been started or that an Inspector would waste time inspecting if the building were not under construction. MOTION: Made by Councilman Fulton, seconded by Councilman Doherty tliat the appeal of the applicant be denied. Voting was as follows: . ' Ayes: Councilmen - Doherty, Fulton, and Moty Noes: Councilmen - Chatfield, arid Denny Absent: Couricilmen = 1Vone CAMP FIRE GIRLS -. Request for Land Recreation Director Nelson submitted the recommendation of the Recreation & Parks Commission dated June 13, 1967 =:'re�;. the request of the Camp Fire Girls that:the'.C.ity acq.uire property froin the Bureau of Land Management, North of Redding Heights, for public use by organizations, and granting the Camp Fire Girls priority use and the right to make improvements that would make the area useful as a day camp in the Spring of the year, also ��� useful for overnight campouts and useful as an overall nature center. There is to be no cost to the City of Redding as the Camp Fire organization will pay acquisition costs and make their own improvements. Mr. Bill O'Lea.r.'y.., �, President of the Camp Fire Council said the land is available for $75. 00, and he submitted a check from the organization in that amount, and urged that the City acquire the property. He asked that a five year lease permitting the local Camp Fire Girls use for camping be approved. Council concurred that compatable usage by other organizations shoizld be permitted. MOTION: Made by Councilman Doherty, seconded by Councilman Fulton that the City negotiate for the acquisition of the 30 acres of land immed- iately north of Redding Heights; that the $75. 00 for reimbursement from the Camp Fire Girls be accepted and the agreement for five year, non- exclusive use be prepared. The. Vote: Unan��mous Ayes BUDGET - Recreation Request The recommendation of the Parks & Recreation Commission dated June 13, 1967 for an increase of $2, 902 for part time personnel in the 1967-68 j recreation account was referred to the budget study session on Wednesday. �;�`" 163 JUNIOR TENNIS CLUB - Request Clubhouse Recreation Director Nelson submitted the recommendation of the Recreation & Parks Commission dated June 13, 1967�, that the Redding Junior Tennis Club be granted summer use of a storage building.(the former Tiger Field Concession Stand) for use as a clubhouse. City Manager Cowden reported that a Tennis Pro is employed by the Junior Tennis Club and•he requested a �policy from Council re the u'se of City property by a Pro for.? profit. ��� Mayor Moty advised that the students pay the��Tennis Club and the Club pays the Pro. He said that the situation is cornparable to the Swim Club using the Plunge. MOTION: Made by Councilman Doherty, seconded by Councilman Cliatfield that the request of the Recreation & Parks, Cornmission�be approved and the Redding Juniar, Tennis Club be permitted use:`:of storage building as a clubhouse subject to their filing of a Certificate of Insurance. The Votet Unanimous Ayes " , , . ,. ... , BUTZBACH LEASE - Redding Muriicipal Airport " Airpo'rts"IVIanager McCall submitted� the recommendation o'f<th°e�Air.ports Commission 'dated June 14, 1967 that because of the death of M'r. I.. A. ����/ Butzbach, the lease of grazing land at Redding Municipal Airport be cancelled as of June 30, 1967 and a refund of $62. 50 be made'to the . Estate of Mr. L. A: �Butzbach. " ' MOTION: Made by Councilman Chatfield, seconded by Councilman Denny that the recommendation of the Airports Commission be approved and the Leas'e with Mr.- L. A. Butzbach be cancelled. The Vote: Unanimous Ayes CITY'HAL;L REMODELING - Notiee:-> of Completion� � � � � MOTION: Made �by Councilman Chatfield, seconded by Councilman Doherty that the contracts for Remodeling of Redding, City Hall, Bid Schedule Nos. 389, 391 and 395� be' accepted'as satisfactorily completed and that the City Clerk be authorized to file the .Notice of Completion. ��7 � Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doher�y, Fulton, and Moty Noes: Councilmen - None ' Absent: Councilmen - None • AWA:RD��OF .'B�ID_'=.�. New:'Street Construction Director of Public Works Arness subrriitted the� analysis and recommendation of Bid Schedule No. 405 for New Street Construction which stated it is the recommendation of the Department that the contraet of the new s-treet construction of Placer 5treet between San Francisco Street and Wisconsin Avenue be awarded to A: Teichert and Son, Inc. ; the low bidder. MOTTON: Made by Councilrnan Doherty, seconded by Couricilman Denny accepting the recommendation of the Director of Public W orks that Bid `��"Z Schedule No. 405 for New Street Construction of Placer Street between San Francisco Street and Wisconsin Avenue beawarded to A. Teichert and Son, Inc. , on their low bid of $106, 280. 32, tax included. Voting was as follows: Ayes: -Councilrrien - Chatfield, Denny, IDoherty, Fulton, and Ivloty Noes: Councilmen - None • � Absent: Councilmen - None � AWARD OF BID = Rock and Mineral Products � Director of Public Works Arness submitted the analysis and recommendation of Bid Schedule No. 404 for Roc.k and Mineral Products which stated; his� ���i 164 recommendations are as follows: Items 1, 2, and 3, and 5 through 11 be awarded to Shea Sand and Gravel Company. Items 4, and 12 through 17 be awarded to Morgan Paving Materials Co. Item 18 be awarded to Oaks Sand and Gravel Company. MOTION: Made by Councilman Denny, seconded by Councilman Chatf ield accepting the recommendation of the Director of Public Works that Bid Schedule No. 404, Items 1, 2, and 3, and 5 through 11 be awarded to 5hea Sand and Gravel�Co. , on their low bid as outlined on Tabulation Sheet dated June 7, 1967. Voting was as follows: Ayes: Councilmen = Ghatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None • Absent: Councilmen - None �� MOTION: Made by Councilman Denny, seconded by Councilman Chatfield accepting the recommendation of Directo:r. of Public Wor�ks that Bid Schedule �No. 404, Items 4, and 12 through� 17 be awarded to 1VIo'r:gan.YP'aving Naterials Company, on their low bid as autlined on Tabulation Sheet dated June 7, 1967. � Voting was .as follows: . Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton,, and Moty Noes: Councilmen - None Absent: Councilmen - None � � MOTION: Made by Councilman Denny, seconded by Councilman Chatfield accepting the recommendation of Director of Public Works that Bid Schedule No. 404, Item 18 be awarded to Oaks Sand and Gravel on their low bid as outlined on Tabulation Sheet dated June 7, 1967. � Voting was as follows: � Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None AWARD OF BID - Street Improvement Director of Public Works Arness submitted the analysis and recommendation of Bid Schedule No. 409 for Street Improvement along West Street between Linden Street and Eugenia Avenue, it is.-the recommendation to aw�ard�the bid to A. Teiche rt and Son, Inc. , the low bidde r. � � � . ��� MOTION: Made by Gouncilman Chatfield, seconded by Councilman Fulton accepting the recommendation of the Director of Public Works that Bid Schedule No. 409 be awarded to A. Teichert and Son, Inc. , on their low bid of $4, 889. 05, tax included. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None AWARD OF BID - 5unset Terrace Street Improvement , � Director of Public Works Arness submitted the analysis and recommendation of Bid Schedule No. 410 for Street Iinprovement in Sunset Terrace Subdi- vision, Units, Nos . 1, 2, 3, and 4 which stated it is the recommendation �-�� of this Departme� that the contract fo'r Street Improvement, Bid Schedule No. 410 be awarded to GilsaBind Contractors, the low bidder. 165 MOTION: Made by Councilman Doherty, seconded.bg `Couricilman Chatfield accepting the recommendation of the Director of Public ;1�1�o;r-.ks that a Bid Schedule No. 410 be awarded to GilsaBind Contractors, Inc. , on ' their low bid of $4, 515. 80, tax included. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None AWARD OF`BID - Resurfacing of Var.ious Streets � Director of Public Works Arness submitted the.analysis and recommendation of Bid 5chedule No. 411 for resurfacing of various streets which stated it is the recommendation .of this Department that the contract be awarded � to J. F. Shea, Inc. , the low bidder. /,�� MOTION: Made by Councilman Denny, seconded by Councilman Chatfield accepting the recommendation of the Director of Public Works that Bid 5chedule No. 411 be awarded to J. F.. Shea, Inc. , on their low bid of $13, 410. 00, tax included. Voting was as follows: Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty Noes: Councilmen - None � Absent: Councilmen - None � WATER MAIN - Overhill Drive � Director of Public Works Arness submitted a request for permission to a � replace 500-feet of 6-inch steel water main in the 500 and 600 blocks of ' Overhill Drive. The estimated cost of this project is $2200. � �y� � MOTION: Made by Councilman Chatfield, seconded by Councilman Doherty approving the request of the Di�rector of Public Works for permission to replace 500-feet of 6-inch steel water main in the 500 and 600 blocks of • Overhill Drive, at an estimated cost of $2, 200. Voting was as follows: ' Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty , Noes: Councilmen - None Absent: Councilmen - None i RESOLUTION - Rolling Hills Assessment District i MOTION: Made by Councilman Denny, seconded by Councilman Fulton � � that Resolution No. 3907 be adopted, authorizing payment into the Bond Interest and Redemption Fund of the Rolling Hills Assessment District � of the sum of $3, 430. 00. � Voting was as follows: � Ayes: Councilmen - Chatfield, Denny, Doherty, Fulton, and Moty � ��' Noes: Councilmen - None Absent: Councilmen - None Resolution No. 3907 on file in the office of the City Clerk CITY CODE - Extension Agreement MOTION: Made by Councilman Doherty, seconded by Councilman Chatfield � that the Agreement with the Michie City Publications to prepare annual �,�U; ordinance substitution supplements to the City Code be extended for an additional one year term ending June 1, 1968. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Fire Department Report for the month of May, 1967 ���� Minutes of Economic Development Corporation of Shasta County �Sf� 166 �.,,—� Shasta-Caseade Wonderl�and Association publicity re Hous eboating - Shasta Lake � � Whiskeytown Lake �7 � ICCCNC notice of ineeting to be held in We'ed on Tue�sday, � ' Jurie 20th � � � ADJOURNMENT � - � � There being no further business, at the hour of 11:55 P.M. , upon the motion of Councilman Denny, secbnded' by Councilman Chatfield, the meeting was adjourried' to 7:100 P.M: , June 3�0, 1967 ` ' � . .. APPROVED: . .. .. .. . , , � -0 . a �r . . � ATTEST: . � . . �� ` � - -- . . .. � � � / (�I.,r'����2��a(.�1`,c- .itifc_r-s �y-, City Clerk � � . ..� .. . .