Loading...
HomeMy WebLinkAboutMinutes - City Council - 1964-07-13 170 City Council, Adj,ourned Meeting � _ . . _ . , , ., . , Police Dept. &.,Council,Chambers_Bldg. � e . , _ � �..• � � _.� .. Redding, California July 13, 1964 12:30 P. M. Vice Mayor Chatfield called the meeting to order with the following councilmen present: Fulton, Hummel and Chatfield, Absent: Coizncilman Denny, late Mayor Moty. Also present were City Manager Cowden, City Attorney Murphy and Director of Public Works Arness. Vice Mayor Chatfield advised he would chair the meeting, but would refrain from any participation due to his firrn's interest in Chaparral Terrace. City Attorney .Murphy outlined the pro�lem, stating the matter under con- sideration concerns the agreement .between"the--sub-divider, the`City (as a . ,. ,.. public entity) and the Buckeye County Water District, a.s the�public entity whicli will serve water to the subdivision in the Chapa_rral Terrace Assess- ment District; that Sections 1010-9 through 10111 .of the Streets and Highway,s Code require there be an agreexnent among these parties. The agreement prepared by the attorney for the district was not acceptable to the City, and they had beeri in negotiation trying to resolve the problem. The issue in dispute was who shall bear the costs of the restoration of the City streets the water lines were originally in, and who shall bear the cost o� the relocating the lines, should it become necessary that the lines i�e moved as a result of ���� change of grade or realignment of the street. The la.st meeting had been adjourned to aive Edwin Ness, Bond Counsel, time for study and recommendation as to the issues, ho�vever Mr, Ness' reply had not been too iielpful as he was unable to rsnder an opinion in such a short time, other than the best, quick solutios� was probably to reserve the issue as unresolved in the agreement and settle it later by negotiation or litigatioxz. Mr. Murphy then emphasized the resolving of this issue is no� a requirement of the sections previously quoted in the Streets and Highways Co�e in both his opinion and that of Mr, Ness, Mayor Moty assumed the chair at 12:45 P. M. , and Vice Mayor Chatfield leaves the podium. Mr. Richard Asbill, 3655 Altura Avenue, attorney for the District, stated the District wanted an easement over this property in order to maintain the water lines; they were willing to repair the streets in the course of their rnaintenance of the water lines. They wanted the agreement to provide them the right to be �:ble to move facilities if required and get recornpensed for this if the City_would not give them an easement; that it-was not a matter of law requiring the District to bear this expense. The Buckeye County Wate-r District was a public entity too, and if they were required to move the facilities City shouid pay, Further, he did not think it necessary for the Buckeye County Water District to obtain encroachment permits. Mr, Magaldi was willing to grant an easement but the District did not necessarily need an easeznent if the City would agree to pay for the relocation of any lines and that no encroachment� permit would be necessary. Director of Public Works Arness stated the Code callls for encroachment permits and even the Pacific Gas and Electric �ompany is required to have a permit to maintain their repair work and service. This is done by mail, or by telephone in many cases. City's primary concern was that work he done to City's specifications, that necessary traffic safeguards be provided and the Polic� and Fire Departments be notified, Further, the street must be put back in accordance with City standards; he did not think there would be any problexn with the encroachment permit, for which there was no eharge, since they eould be mailed or telephoned in by $uckeye on mere repair situations, formal applications would only be req�zired where extensions were being made. 171 �ity Attorney Murphy advis�d it clearly Was �ity's ,responsibility fo.r.the maintenance of roads; if City permitted hazards �o be created without notice to City and adequate safeguards not maintained, that entity creating the hazards and the City will be sued and City could be secondaxily liable. That Ci:ty sriust r inspect to see if the ro�.d has been put in a safe condition upoaz completion oi the repair. Messrs. Asbill and Rogers would agree it probal�ly would never be necessary.to widen the streets or change the grade; the streets had been designed to City standards, but the issue is a precedent in regard to other areas both in this and .other �listricts; his concern is not in relation to this subdivision. If Mr, Magaldi had granted an easement prior to the filing of the map,. the City Attorney would have had to recommend that Council. refuse the offer of dedication of the streets. If City voluntarily contracts to bea.r this burden, it might be construe� as a gift of puhlic funds. The courts nave ruled consistently that the franchise holder is responsible, and he renewed his suagestion that C.ity not attempt to resolve this, but place in the agreement language to the effect that the issue is riot re'solved. In this way if Buckeye's position is so�and they can go to coart .to ?�ave the .matter resolved,: � Mr, Harley Lowden, president of the Buckeye Co�znty Water District, stated he could not. understand City's positio.n; they could fo.rce the water �district to re- lo�ate their iacilities and then force them to p�.y for the .relo�ation. He �vondered why the Divisi.on of Highways would lower facilities without any charge to the District; he thought City should recognize prior rights. At the time they asked for water, Mr.. Woods and Mr. Magaldi had stated they would meet the demands o�' the Buckeye County Water Distric�, and.he urged Council to bive serious consideration to the policies o:�' the water district. City Attoxney Murphy stated the County may lower the grades on.Lake Blvd. �Gp and it was his understanding from Mr, Chamlaerlin, Shasta County Director of Public Works, that he to�k the s�.me;positio�� o?z the �aw the City -Attorney did. He was informed the County of Shasta had not agreed to assume� the c�sts of relocating these water lines, but that this is now under negotiation. What the Division of Highways �.oes in the costs of relocation o.f their high�cuays is not material to this issue. Cities �nd Districts are suhordinate to tf�e State and if the State pays costs to the loc�.l entities, the State has the resources to absorb these costs. If the District was �on,vey.ed easements before dedication, then their easements 'oecome superior to the dedicatio�� and this is why they want such easQments. Mr. Robert Sonda.g, of the office of Clair A. Hill and Associates, representing Frank Magaldi, stated h� would like Council to ado�t a re solution toclay that would l�e an inter.im policy. If they did not want to �nake a policy dec'ision now, to instruct the City Attorney to further study this particular. problem and arrive at,so_�ne master agreernent, but in the meantime not hold up the present situa.tion. . Further, the req�zirements for a blanket encroachment permit are realistic. If streets are widened for the public good in order to serve the people, the people .receive the '�enefit and should pay the costse The de.szgn of the water lines was �3ictated by the Public Works Department, then i�vhy s�iould they (the Water District) be obliged to relorate the lines at their own expense. - City Attorney IVMurphy then advised City-did not give any ease-�nents in Lake Blv�.. No. 1 or in the Woods Subdivisi.on or to the Buckeye School, yet water is servesi in tnat area. He believed if the two public entities rexnain adamant in his judgment Mr. Magaldi could brin� a mandamus action against.the Dis- trict if Mr. Magaldi had complied with all the other_requirernents �£ the District and the courts would co�npel the District to �urnisn the subdivisioxz water, since the District had no right to imposn this conditi,o:m oxz the sub.divider. It would appear if the Buckeye County V1?ater Discrict was co�zfide�it in �their legal positiozi, they would not be before us today. The,zssjze is largely .specu- lative in this ins�ancP, however it can be very. burdensome in other .situations and a.s �. practical�matter Council might be setting a precedent that would haunt them later, He feared a great number of street widenings or grade changes 172 would be deferred or never done if the City had to pay all the utility relocations in addition to the usual construction and acquisition costs. We are arguing on an important principle and it might be that Council would like the full council to study this before rendering any deciszoxi, Mr. Frank IVlagal�di, 2`2QS Gold Street, advised tliis is boing to v�iork a'great hardship on him i�f this �o�s over much longer; the aneters are in anc� lie was ready to go to 'pond, He did not think Council snould set the policy for tHe enfire Co,.�nty but just resol_ve the pro�lem in this subdivision. It was because this was an assessment district that an agreexnent was necessary. The 'V\roods subdivision constructed the improvements without an assessment district and no agreement was �iecessary in that case, He could nor afford to take this to coart for man- 3amus �.ctio�z because o:E' the cost of delay, � C:ity Attorney then read from a portion o�' a letter to �he Buckeye County ;'Water District in relation to the Woods Subdivisio:�, dated February 21, 1963: "The Redding City Co�aricil, in directing me to contact the District re- garding the previously mentio�zed contracts also unanimously `agreed that i£ the. City were uns,uccessful in the negotiations as herein outlined, � th,at the City would i:nstail the necessary water transznisszon liries from , � 'the City's own municipal water distribution system as may be necessary ` to furnis�� water to the Lake Redding Subdivisio�z including the installation o.f the riecessary threP fire hydrants as previously mentioned''. (L;etter signed by R. C. Cowden, City Manager) � /�� C� Mr. Harley Lowden then stated if'Council follo�ved the polic�r recommended by Mr. Murphy it would be difficult to annex any areas who have £acilities such as theirs. That he felt it right for him to go before the Shasta County Bo-undary Commission and xnake them cognizant of the situation. He then s�ated he thought so�ne of Mr. Murphy's statements .regarding Mr. Chamberlin should be checked, The County was negotiating with the Buckeye County Wa.ter Dis- trict for lowe,ring the grades on Lake Blvd. He did not think they vvould have to pay,the co.sts of relocating water lines in thz Woods Subdivision: If this was �.emanded, he would take it to court to seek a decision, Any_agree:rnent would have to be approverl by ,the e�tire board o� the Buckeye Coanty.Water District. He thought it an obligation oz both entities this be settled without g�ing to court and su.gge.sted a joint committee meeting to resolve it. � Mr. Lowden then stated while he could not speak for the remainder of the Directors of the District, he would be willing to approve the language suggested by Mr, IvTurphy to the effect that issue was unresolved and that both the City and �he Distric�t reserve the right to seek a court ruling on the rnatter. He �vas willing to do this in the interest of not causing Mr, Magaldi additional delay ,in the cc�mpletion of the assessment district, That he hoped however, that council would appoint a committee to �work with a cornmittee fro�n the District on a long range solutiori o:t this probletin so that neither party would have to go to coizrt to seek a .solution. < MOTION: Mad`e by Councilman Hummel, seconded by Councilman F'ulton the City Attorney b.e authorized to draft an agreement cos�taining sucn language for pres�ntation to Mr, Asbill for execution by .the Buckeye County V!Tater District, and the Mayor be authorized to sign such an agreement �vithout further council action, if.said agreement meets with the approval of the 1Vlayor, Voting was �s fo.11ows' Ayes: Councilmen - Fulton, Hummel and Moty Noe s: Councilmen - None � Absent: Coancilmen - Denny � Abstairi:Councilmeri - Chatfield MOTION: Made by Councilman Fulton; seconde�. by Councilman Hummel that the City Attorney be instructed to prepare a Resolution of Iritent to have members o� the City Council,' Councilmen Hummel and Chatfield, tog.ether with the City Attorney; serve on a committee to meet witli a committee fro�n the District and repres�ntatives'oi the County to work out a uniform polic-y on this issue for the entire area. 173 Voting was as follows: Ayes: Councilmen - Fsulto�, Hummel and Moty Noes: Councilmen _- None Absent: Councilmen - Denny Ab.stain; Councilmen - Chatfield R EPOR T - Clairn for Damage s � � City.Attorney Murphy reported on th� suit filed against the City by F'elix � Beguin; dba Phil's Aero Service; that City,'s insurance carrier has been /�� notified. � �, . . There being no further business, ozz motion of Councilman Hummel seconded by Dr. Fulton the meeting was adjourned. - � ,_ . . � - , � , � . _ _ �_ , _ _. _ . AP�.C-7�TE_D: � - - � . , _ � � . . . � � � � � C� _� .. �r � Atte st: � � ���,���--c�. �-L�.� � --C.� City le rk � _ , r. . .