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HomeMy WebLinkAboutMinutes - City Council - 1961-02-20211 City Council, Regular Meeting Council Chambers,. City Hall Redding, California February 20, 1961 7:'00 P.M. The meeting was called to order by Mayor Pro Tempore Simons with the follow- ing councilmen present: Fulkerth, Martin, Puryear and Simons. Absent: Mayor Fleharty. Reverend Richard Walsh, pastor of the First Methodist Church, Redding, gave the invocation. Also present were City Manager Cowden, City Attorney Coshow, Director of Finance Courtney, Purchasing Agent Stewart, Planning Director Evans and Superintendent of the Electric Department Dais. The following persons signed the Register: Mrs. R. L. Birge Robert R. Hill W. H. McDaniel Elton J. Brown Jean Beauchamp Ray Hullinger Donald Boyd John F. Fitzgerald James Dotta, L. Zipfel Mrs. Ann L. Brown G. D. O'Brien Geraldine M. Clare APPROVAL OF MINUTES MOTION: Made by Councilman Fulkerth, seconded by Councilman Puryear that minutes of the regular meeting of February 6th and -the adjourned meeting of February 13th be approved as mailed to each of. the councilmen. The -Vote: Unanimous Ayes . COMMUNICATIONS Annexation - Wixson & Crowe Addition A. Ray Taylor, Shasta -County Clerk, submitted copy of the Shasta County Boundary Commissions report on the annexation of the Wixson and Crowe Addition to the City of Redding. Boundaries of the pro- posed annexation were approved, and the secretary was directed to notify parties concerned.this area lies within the Buckeye Elementary School District and the Buckeye County Water District. MOTION; Made by Councilman Fulkerth, seconded by Councilman Martin that Resolution No. 2799 be adopted, a resolution of intention to annex uninhabited contiguous territory to the City of Redding. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty Resolution No. 2799 on.file in the office of the City Clerk. Coaster Derby - Placer St. Hill William C. Lewis, 20-30 Club of Redding, requested permission to use Placer Street hill for their annual coaster derby on.May 7th; they would like to have -the following barricades - west at Orange Street, east on Court Street and at all streets intersecting with Placer Street. between these two points. They also would like to place two street signs in the approved area over Market Street and Pine Street; signs would state the name of the project, date and location. ,MOTION: Made by Councilman Fulkerth, seconded by Councilman Puryear to approve the request of the 20-30 Club of Redding to hold coaster derby 1 1 Ll 1 1 212 on May 7th using the Placer Street hill and for the erection of signs over Market and Pine -Streets. The Vote:. Unanimous Ayes. Civic Auditorium Committee Mr. E. Evans, Chairman of the Civic Auditorium Committee, requested a joint; meeting with City Council in order to present a progress report.; > they further requested permission to appoint Robert Mason of Ralph L._ Smith Lumber Company as an alternate for Mr. A. B. Hood.. A dinner meeting on Wednesday, March 15th was tentatively scheduled and action on the appointment of Robert,Mas-.onwas deferred pending this joint meeting: Department of Alcoholic Beverage Control, Hearing on the matter of the transfer of on -sale License to Jeremiah.W. Twomey and Richard L. Porterfield, Twomey's, is scheduled on March 28, 1961 at 9:30 A. M, in the Department of Alcoholic Beverage Control Office at 1824 Shasta Street, Redding. The City Attorney was directed to brief the in -coming. City Attorney on J �� the city's position on this matter, that he make his appearance.at this hearing and report back to the City Council on April 3rd. Application fo,r Alcoholic Beverage Control license, off -sale beer and wine, has been made by Raymond L. and Jane E. Haws, Redding Fish and Poultry, 1647 California Street. Purchase of Land by State City Attorney Coshow advised a summons .had been filed on behalf of .the . defendant City of Redding and the Garden -Olivia Sewer District; that property had been condemned by the State Department of Public Works in order to construct the new Highway 44. The City Attorney was directed to file answer to the complaint. Filing of Maps - The P. T. and T. Co. The Pacific Telephone and Telegraph Company, Engineering Superintendent, filed maps showing the location of underground pipes, conduits, and cables maintained by the company within the streets and thoroughfares of the City as of January 27, 1961. This is in accordance with the provisions of Ordinance No. 233 of the City of Redding. 02 1G Re City Hall Building .. . . . Letters were received from the following on the retention of the City Hall 3 /� Building as an art center and museum:"' 'A'. H. Woodford, Mrs .Amelia Daniels and Irene Collin, Delta Kappa Gamma. Request for Appointment of Committee It was requested that council appoint a.five member cultural commission to advise on the city's administration of an historical and art museum to be established in Lake Redding Park, and to advise on other matters per- taining to the cultural life of the community. Further, they requested space be made available in the Fire Cache Building on Cypress Street, stating this space would be used for storage and cata- loguing of exhibit materials.for the museum and later could be converted for community theatre use. James D.otta, Ray Hullinger, .Jane. Korn, Donald Boyd and Jean Beauchamp submitted these requests. Council concurred if there was available space beyond the City's need, the group be ,so notified; appointment of the committee was deferred until next council meeting in hopes a complete council would be present. APPROVAL OF CLAIMS AND PAYROLL _ MOTION: Made by Councilman Fulkerth, seconded by. Councilman Martin that O, 213 Warrant Register No. 15, warrant Nos. 6171 to 6260 inclusive in the amount of $102, 164. 11 be approved and paid; that Payroll Register No. 15, salaries for the first half of February, warrant Nos. 10664 to 10700 and 101 to 254 inclusive in the amount of $38, 589. 06 be approved. Total: $140, 753. 17- Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty TREASURER'S REPORT Councilman Simons, 'F'inanc'e Committee, 'advised that Treasurer's Report as of January 31st. indicated total Treasurer's accountability $1, 939, 642. 30. FINANCIAL STATEMENT - Director of Finance Financial Statement as of January 31, 1961 was submitted to all councilmen by PC the Director of Finance. RE PARKING COMMISSION RECOMMENDATIONS Councilman Fulkerth, Street Committee, advised the Parking Commission recommendations of January 24th comprised 24 items for consideration; also before council this evening was the request of St. Joseph's Church that diagonal parking be continued on both sides' of Sacramento Street between Court and Oregon Streets. Mr. J. G. Fitzgerald, representing St. Joseph's Church, stated there was a tremendous amount of parking pressure evenings and Sundays in this vicinity; that Sacramento Street dead ended at the railroad tracks and there was very little through traffic on the street at any time. The Laborers Union located at 1737 Placer Street'had greatly increased the parking problem and diagonal parking, retained on both sides of Sacramento Street between Court and Oregon .Streets, would alleviate the parking situation. The City Engineer was directed to submit figures on the estimated costs of lowering curb to the proper height on those recommendations of the Parking Commission -that state that parallel parking would be recommended but the curb is too high. Action deferred 'until Wednesday, 'March 1 st, 12 noon. PUB LIC HEARING The hour of 7:30 P.M. having arrived, Vice Mayor Simons opened the Public Hearing on the reassessment of Garden -Olivia Improvement No. 2, Assess- ment #6. 1' and'Garden- Olivia Sewer Assessment #348. The following documents are on.file'in the office of the City Clerk: Affidavit of Publication Notice of Public Hearing Assessment Split for Assessment #6. 1 Garden -Olivia Assessment District No. 2 and Assessment #348 Garden -Olivia Sewer Assessment District filed by the Street Superintendent There were no written protests to this reassessment and no one in the audience spoke for,or against, the reassessment. MOTION: Made by 'Councilman Fulkerth, seconded by Councilman Puryear the hearing be closed. The Vote: Unanimous Ayes. MOTION: Made by Councilman Fulkerth, s econded by Councilman Martin that Resolution No.1 2800 be adopted,- a resolution confirming and approving the reassessments Garden -Olivia Improvement No. 2, Assessment #6. 1 and Gar- den -Olivia Sewer Assessment #348. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None ' Abs ent: Councilmen - Fleharty 214 Resolution No. 2800 on file in the office of the City Clerk. RE REQUEST FOR LEASE - Jr. Posse, Shasta County Councilman Puryear advised the request for a temporary lease on property in the vicinity of the sewer disposal plant had been withdrawn by the Shasta County Jr. Posse, Jr. Posse Advisory Board. ��/" The City Manager was directed to advise the group that no further improvements be made in the area until City has the necessary agreement with them. REMODELING CITY HALL - Police Department Councilman Puryear submitted estimated cost for remodelling the city hall build- ing to accommodate. the police department and the cost of demolition and removal of the existing police building, paving and covering the area for off-street parking. Work requested by the Chief of Police was estimated to cost $2700, 00 ($1300. 00 for materials, $1400. 00 for labor). This would include removal of partitions, including doors, new locks"and other work related thereto, the painting (indoors) except the ceiling in the council chamber, and the installing of miscellaneous cupboards and lockers. for the squad room. The moving of telephone equipment and radio equipment would cost an additional 2q $250. 00; the demolition and removal of the police station building, estimated contract plus salvage $1, 000. 00. A memo from the City Engineer dated February 15th gave estimates of cost on curbing, replacing of driveway and paving of the police station area, the con- struction of a canopy over the parking area,the reconstruction(&,: interior doorway and the closing of exterior doorway into the old cell room. The City Attorney was directed to prepare the necessary resolution for the transfer of $3950.00 to cover work requested by the Chief of Police ($2700.00) the moving of the. telephone and radio equipment ($250.00) and therazing, ,. and removal of the police station ($1, 000.00). The City Manager and City Engineer were requested to arrange. for the letting of bids on the demolition of the police station building. REDUCTION OF ELECTRICAL RATES Councilman Puryear advised Mayor Fleharty had mailed him Mr..,Fleischmann's report and it was his recommendation that electrical rates be reduced 5% -immed- iately; after appraisal of the system is made and the final over-all program is J taken into consideration there was a possibility that a different rate structure could be adopted, however this was for future consideration. i MOTION: .Made by Councilman Martin, seconded by Councilman Fulkerth the City Attorney be directed to prepare the necessary papers to implement a 5% electrical decrease immediately. The Vote: Unanimous Ayes. YELLOW CAB CO. - Taxi Cab Permits Councilman Martin advised .that Mr. Bull was not positive just what he wanted to do with regard to his taxicab business, and for this reason it was Dr. Martin's1�� recommendation that Mr., Bull's request for transfer of his taxicab permits be denied. MOTION: Made by Councilman. Martin, seconded by Councilman Puryear that re- quest of Mr. Bull for transfer of his taxi cab permitsbe denied. The Vote: Unanimous Ayes. AWARD OF BIDS Pedestrian Signals and Accessories MOTION: Made by Councilman Fulkerth, seconded by Councilman Puryear that recommendation of the Purchasing Agent.be accepted, and_ "Bid Schedule 215 184, Pedestrian Signals and Accessories be awarded to low bidder, Econolite Corporation, in the amount of $3, 503. 01. Voting was as follows:. Ayes: Councilmen -. Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty MANZANITA' HILLS _SUBDIVISION - Set Back Restrictions A communicationrdated February 17th`to all councilmen from the Planning Director entitled "Report and Recommendations on Matters Pertaining to the Non -Com- pliance of the Front Yard Setback Requirements in the Manzanita Hills Subdivision" was read. This briefs a meeting held on February 16th with property owners residing.in the Manzanita Hills Subdivision and the owner -contractors Farley, Zipf.el and Nichols. The measures and/or alternatives to be considered were.itemized as follows: 1. That a six foot variance (14.0 foot setback) be considered for the two lots (5 and 7) presently in violation to be front yard setback re- quirements in an R-1 (Single Family) District and all remaining lots (including lot #6).adhe.re to the setback requirement of 20. 0 from property line and/or 26. 0 from the back.of the sidewalk.. 2. Deed to all property owners .on the south side of Shasta Street the 6. 0 foot strip of right-of-way lying back of sidewalk, which in turn would provide for the 20. 0 foot setback from the front property line. However,..in such an instance, the City would retain the 6. 0 foot strip of property for easement purposes. (i.e. street widening, tree planting, utility lines, etc.) 3. That an established setback of 14.0 feet be considered for all lots (lots 5 through. 12.) on the south. side of Shasta Street, - .thereby establishing a uniform distance from property line. 4. Thatthe two structures be relocated to at least the 20.0 foot setback line as required by the Zoning Ordinance. The letter concludes:. "After a thorough review of each of the four alternatives in the order listed above, it was unanimously agreed upon that alternative No. 1 be referred to the City Council for their review and consideration. Dr. Martin said he was of the opinion No. 1 be given serious consideration in view of Mr. Evan's memo; that council perhaps should consider punitive action, possibly a fine, against the contractors and monies gained'ther'eby-used to improve the subdivision. That it was the, responsibility of the contractor to observe the law. 1 1 Traffic Signals and Accessories MOTION: Made by Councilman Martin, seconded by Councilman Fulkerth the recommendations of the Purchasing Agent be approved, and Bid Schedule r/ s No. 186, Traffic Signals and Accessories be awarded to low bidder Econolite Corporation, in .the amount of $3,223.29. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, . Puryear and Simons Noes: Councilmen - None Absent: Councilmen -Fleharty Full Treated Fir Poles MOTION: .Made by Councilman Fulkerth, seconded by Councilman Martin the recommendations of the Purchasing Agent be approved, and Bid Schedule No. 187, Full Treated Fir Poles be awarded to low bidder, Koppers Co., Inc. , in the amount of $2, 484. 04. Voting was as follows: Ayes: Councilmen -'Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty MANZANITA' HILLS _SUBDIVISION - Set Back Restrictions A communicationrdated February 17th`to all councilmen from the Planning Director entitled "Report and Recommendations on Matters Pertaining to the Non -Com- pliance of the Front Yard Setback Requirements in the Manzanita Hills Subdivision" was read. This briefs a meeting held on February 16th with property owners residing.in the Manzanita Hills Subdivision and the owner -contractors Farley, Zipf.el and Nichols. The measures and/or alternatives to be considered were.itemized as follows: 1. That a six foot variance (14.0 foot setback) be considered for the two lots (5 and 7) presently in violation to be front yard setback re- quirements in an R-1 (Single Family) District and all remaining lots (including lot #6).adhe.re to the setback requirement of 20. 0 from property line and/or 26. 0 from the back.of the sidewalk.. 2. Deed to all property owners .on the south side of Shasta Street the 6. 0 foot strip of right-of-way lying back of sidewalk, which in turn would provide for the 20. 0 foot setback from the front property line. However,..in such an instance, the City would retain the 6. 0 foot strip of property for easement purposes. (i.e. street widening, tree planting, utility lines, etc.) 3. That an established setback of 14.0 feet be considered for all lots (lots 5 through. 12.) on the south. side of Shasta Street, - .thereby establishing a uniform distance from property line. 4. Thatthe two structures be relocated to at least the 20.0 foot setback line as required by the Zoning Ordinance. The letter concludes:. "After a thorough review of each of the four alternatives in the order listed above, it was unanimously agreed upon that alternative No. 1 be referred to the City Council for their review and consideration. Dr. Martin said he was of the opinion No. 1 be given serious consideration in view of Mr. Evan's memo; that council perhaps should consider punitive action, possibly a fine, against the contractors and monies gained'ther'eby-used to improve the subdivision. That it was the, responsibility of the contractor to observe the law. 1 1 216 Councilman Puryear said he did not thix-* it right to fine these men; an honest mistake had been made, unwittingly and unknowingly; the -committee had spent a great deal of time working out a solution that would be acceptable. That council action was to relieve the problem and act in the best interests of every- one concerned. He favored adoption of alternative No. 2; with the City Attorney preparing the necessary papers. Councilman Fulkerth favored alternative No. 1. Councilman Simons spoke in favor of alternative No. 3, establishing a setback of 14 feet on lots 5 through 12 in order to give a uniform distance from property line (south side of Shasta St.). M. Parker, First Western Bank,' advised granting a deed to the 6 feet would be more effective than granting a variance, and to establish F. H. A. financing on home construction, alternative No. 2 was preferred. City Attorney Coshow stated if City granted a variance, it would have to be referred back to the Planning Commission; in his opinion alternative No. l was not as pre- ferred as the technic of No. 2. That due to a misunderstanding, the _Planning Director had ,at first recommended alternative No. 1, however there had been modification of his thinking and he now saw the advantage of No. 2. Planning Director Evans stated that it was true he had discussed at great length right-of-way and easement differences, and he did not now have any objection to alternative No. 2. Mrs. Elton Brown said she thought council was only trying to evade the ordinance; Mr. Elton Brown said that council apparently was worried about prior violations of the zoning and subdivision ordinances, however there was a one-year statute of limitations on violations. Mr. Robert Hill stated the committee had spent considerable time in working out a solution to this problem, and in all fairness to Mr. Zipfel and Mr. Farley and the Planning Director, council was not "doing right by themselves. " MOTION: Made by Councilman Martin, seconded by Councilman Fulkerth the problem of the violation of the setback ,restrictions in the Manzanita Hills Sub- division be referred back to the Planning Commission with the recommendation they read the ordinance. Voting was .as,_follows: . Ayes: Councilmen - Fulkerth, Martin and Simons Noes: Councilmen - Puryear Absent: Councilmen - Fleharty Action Reconsidered (Page No. 218 and No. 219) AWARD OF BID - California St. Storm Drain MOTION: Made by Councilman Fulkerth, seconded. by Councilman Martin that recommendation of the City Engineer be accepted, and bid for the construction of the California Street Storm Drain, Schedule No. 183, be awarded to C. L. Fogle, Inc. in the amount of $24, 978. 60 and the Mayor be authorized to sign said contract on behalf of the City. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty EMPLOYMENT- J. Slater, Redding Industrial Electric Co. City Engineer Ward said that representatives of the various. contractors of the Water Treatment and Pumping Plant had given untold aid in solving some of the problems, and he did not think it would be necessary to enter into a long term contract with Jack Slater of the Redding Industrial Electric Company. It was his recommendation that Mr. Slater do the maintenance work as it occurs at $8. 00 per hour, working through the City Manager and the budget. 217 MOTION: Made by Councilman Martin, sbconded.by Councilman Fulkerth that we enjoin the City Manager and City Engineer to call on Mr. Slater as necessity provides. The Vote: Unanimous Ayes. RE CITY STREET & COUNTY ROAD DEFICIENCIES City Manager Cowden submitted his Statement as -a member of the Streets and Highways Committee; League of California Cities, presented at the monthly meeting of the Cities and County of San Joaquin Association at'Escalon, on February 9, 1961. A memo to councilmen dated February 3rd states: "I think it is obvious that it is no longer possible for California cities and counties to meet these critical deficiencies from existing revenues received in the form of subventions from the State or from local tax .sources. As I pointed out in my statement, the matter of increasing these highway user taxes isnot a popular one and will have no success at the legislative level unless cities and counties support it widely. " ' - He then suggests that City :Council take one of two of the following courses of action: 1. Pass a resolution in support of the program as outlined, asl this will be necessary if the program is to succeed or 2. If you feel these critical deficiencies require additional financing from sources as suggested at the State level but due to economic conditions as they currently exist the demand for increased taxes for other pur- poses at the State level will preclude logical State legislation to correct these deficiencies in the current Session, then I hope you will pass a resolution pointing out your support of the program with an observation to the effect that the State Legislature should correct them at the earliest .possible time compatible with.the demand for increased taxes for other vitally .needed purposes. i MOTION: Made by Councilman Martin, seconded by Councilman, Fulkerth the City Attorney be directed to prepare the necessary resolution embodying the suitable combination of 1 and 2 for additional revenues for street construction program. The Vote: Unanimous Ayes. RESOLUTION --Transfer of Funds City Attorney's Budget MOTION: Made by Councilman Fulkerth, seconded by Councilman Martin that �. Resolution No. 2801 be adopted, a resolution of the City Council of the City of y Redding providing for a transfer of funds in the budget from Account -No. GA -270, Unappropriated Surplus, General Fund to Account; GA=285 Appropriations, Accounts GA -449-11, Salaries and GA -449-67, Conference and Travel Expense. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty Resolution No. 2801 on file in the office of theCity Clerk. RESOLUTION -'Approving Master Agreement (State Div. of Highways) MOTION: Made' by Councilman Fulkerth, seconded by Councilman Martin that Resolution No. 2802 be adopted, a resolution approving master agreement for the budgeting and expenditure of funds allocated from the State Highway Fund to Cities. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen _ Fleharty City Engineer Ward advised this Master Agreement was for five years. r LEASE RENEWAL - Pacific Air Lines' / Deferred onrequest of Councilman Puryear and City Attorney. 1 1 1 aj BROWN ACT & PUBLIC MEETINGS City Attorney Coshow briefed council on AB 127, heard before the Assembly Committee on Government Efficiency and Economy. This bill, if enacted will require all meetings of local legislative bodies to be open, even if held solely for the purpose of discussion and no action is to be taken or no decision is to be made on the subject under consideration; further, it would -.also require open meetings' to discuss pending, proposed or anticipated litigation with the % city attorney. Any member of a local legislative body who attends a meeting held in -violation of the proposed act would be guilty of a misdemeanor. Mr. Richard Carpenter, Executive Director and General Counsel for the League of California Cities had spoken on the Cities' position, Mr. Coshow advised, and "the matter was well under control". GLENMORE SUBDIVISION Alvin M. Cibula, speaking on behalf of Mr. F. O. Beutke and his corporation Glenmore Developirn'ent Company, advised they were in the process of sub- dividing a portion of that property owned by Mr. Beutke at the southwest city limits. At a meeting of the City Planning Commission held on January 24, 1961, a tentative map'of the proposed Glenmore Subdivision was approved, with a stringent requirement that would make it necessary for Mr. Beutke. to grade, J, pave and install curbs and gutters on a street known as Shasta View Drive, from Nest Street to the top of the hill site of the proposed new subdivision. A communication from Mr. Cibula dated February. 20th, reads: "This letter is written and presented in the nature of an appeal to your body from the action and determination of the Planning Commission as itis presently under- stood by Mr. Beutke. This letter may also be considered to be in the nature of a petition through you for reconsideration of .this matter by the Planning Commission, as it is believed that the action -of the Planning Commission in making the requirements may have: been rather hasty and without full knowledge of the true- facts and feasibility of the requirements. " Glenmore Subdivision would comprise about forty lots and because Shasta View Drive is entirely out of the subdivision, only the approach street to the sub- division, other people would be the benefactors. That were it necessary for the street to conform to the present standards, it would not be economically feasible for :the contr-actor- to develop .the area. City Manager Cowden advised he had attend:ed__ the meeting of the Planning Commission. The street was virtually impassable, and he was of the opinion the requirement of curbs and gutters were excessive. City Engineer Ward said the extreme grade of this street made it in excess of city's standard; that city has a responsibility to the purchasers of the lots and must look out for their interests. That if a good job of paving was not done the street would not hold up. MOTION: Made by Councilman Martin, seconded by Councilman Fulkerth .this subject be referred back to the Planning Commission, the City Engineer and the City Manager for further study. The Vote: Unanimous Ayes. RE MASTER PLAN = Lake Redding Park Acting on a recommendation of Councilman Martin, Council scheduled a meeting of the Parks and Recreation Commission', Mr. Dick Wood, landscape. designer and councilmen for Monday', February 27th, at 12 noon, for further discussion on the Master Plan for Lake Redding Park. MANZANITA HILLS - Setback- Restrictions Vice Mayor Simons, attempting to pin point responsibility on the setback violations in the.Manzanita Hills Subdivision, spoke at length;on-the job -description of the S,% Building Inspector, asking if a detailed list of duties and requirements of the job were available. 219 That it should be possible to have laws enforced by.the officials employed in that capacity; when the violation was initially discovered, then someone should have stopped it. With a little bit of effort, when the forms were in this error could have been corrected - in black and white, whose responsibility was it. City Attorney Coshow stated the Building Inspector had said to him "Are you going to instruct me to issue a stop order". That as City , Attorney he only answered such questions as to whether something was, or was not legal. As to whose responsibility, the Building Inspector felt it was the City Attorney's. However, as City Attorney, he would say this was not his responsibility, he gives legal opinions •only, does not issue orders. The Building Inspector apparently did not understand this. In answer to a question from Councilman Puryear that if a similar circum- stance came up the next day, -at the same stage of the game,. what would the City Attorney's action be, Mr. Coshow emphatically stated "Exactly the same. I do not recommend what the Building Official should.do." He then added "I think this is an administrative matter. " MOTION: Made by Councilman Martin, seconded by Councilman Fulkerth to rescind previous action of council in referring the setback violation in the Manzanita Hills Subdivision back to the Planning Commission. Voting was as follows: Ayes: Councilmen - Fulkerth, Martin, Puryear and Simons Noes: Councilmen - None Absent: Councilmen - Fleharty MOTION: Made by Councilman Puryear, seconded by Councilman Fulkerth that we accept alternative proposal No. 2; after much discussion with the Planning Director and citizens, this is the best possible solution to a most miserable problem and we trust it does not happen again: (Lois`5 and 4, only). Councilman Martin stated this delayed action may not be the most democratic as many interested persons had already left the council chambers, and asked if action at this time was legal. The City Attorney stated it was, as this was not a public hearing. In answer to protests of Messrs. Brown and Hill who had made a hurried re- appearance; Dr.' Martin then continued that in fairness to all we are agreed we have done a fruitless thing; to preserve the integrity of the council, he had rescinded his motion. Mr. Elton Brown questioned the feasibility or legality this would have on tract restrictions, and was assured by the City Attorney that nothing the city had done would affect the tract restrictions. Voting was as follows: Ayes: Councilmen - Fulkerth and Puryear Noes: Councilmen - Martin and Simons Absent: Councilmen - Fleharty In explanation of their "no" votes, Councilmen Martin and Simons stated it was because some people had been in attendance at the first portion of the council meeting, were not present at this time to voice their opinion. MOTION: Made by Councilman Martin, seconded by Councilman Fulkerth action be deferred until the next regular meeting of the City Council. The Vote: Unanimous Ayes. RE KIMBERLY-CLARK PULP MILL City'Attorney Coshow was directed to prepare a resolution announcing the -'� support of the City of Redding on the proposed Kimberly-Clark Pulp Mill. 1 1 1