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HomeMy WebLinkAboutMinutes - City Council - 1950-11-20 <'�.. a�'p�q` � Gity Council9 Regular IVleeting Council Chambers, City Hall IVovember 20, 1950 �:00 P.�i. '1'he meeting was called to order by i�layor Simons and upon roll call. the following counci'lmen were present; i�iorrison, Swarts and �imons. Late; Councilmen Anthony and Williams. City Attorney Carlton was present. 1�lINUTES-PREVIOUS N�Eri'ING lvlOTION: Made bfy Councilman Swarts and seconded by Councilma.n iUlorrison that the minutes of the meeting of Nov. 6th be accepted as nlailed to each councilman. Voting was a� follows: J Ayes: Councilmen - Morrison, Swarts and Simons Tdoes: Councilinen - None Absent: Councilmen - Anthony and �Tilliarns i�Sayor Sinzons asked if anyone present had any problems to present befare the regular meeting of the council. lUlr. Denny of the Shasta Union High School faculty inquired if drainage of i�iagnolia �treet opposite the high school was on the agendae Ivlayor Simbns replied that City Engi�zeer Hill has the problem under consideration. Councilrnen Anthony and Williarns arrive. CI�AIM-D. H o FADO - 'l:`he City of Kedding has received a release from further responsibility frorn i4Ir. D. H. and �'ITrs. Lucille Fado for damage on i�Iarch 10, 191�$ on , , theix property on Walnut and Shasta Streets, in payrrlent of �?75.61� plus grading a circular driveway into property and transplanting all shrubs- affected by this grading. I�iO`l�'ION: N�ade by Councilmen �'lorrison and seconded by Councilman Swarts to�pay the claim as final settlement to I�ir. Don Fado. 'rhe voting was as follows: AyesS Councilmen - Anthony, IUlarrison, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen - None RELEASE , KNOW ALL NEN �Y 'T'HESE PftESEN'J.'S: That we, D. H. Fado and Lucille B, Fado, husband and wife, for and in consideration of the sum� of �7?5 .61� and the.��; other promises hereinafter specifically �et forth, receipt of which sum of rnoney is hereby acknowledged, have released, exoner- ated, and discharged, and by these presents do hereby, for our- selves, our heirs, executors, administrators and assigns, release, exonerate, and forever �.ischarge the City of Reddin�, a rnunicipal � corporation, Roscoe J. Anderson, Ivan llunlap, Joseph Buchea, � William Anthony, Orval Swarts, rnembers of the City Council of said City of Redding, and Carl A. Williar�s and William i�'Iorrison, mem- ber.s of , the City Council of said. .Ci:ty of Redding, Philip Storm, City lUlanager, and Doris I,. Holland, City C1erk, amd llorothy Blooa, _ City Clerk of the City of Redding, and all other agents, servants, and employees of the City of Redding, and its insurers and indem- nitors, and each of them, of and from all claims, demands, damages, �actions9 causes of action, in law or in equity, of whatever kind � or nature, for or because of any mat.ter. or thing done or omitted to. be done by the said City of Redding, a municipal corporation, arid each and all of the other parties hereinabove specifically r,lentioned prior to and including the date hereof, and particularly on account of the matters and things set forth in that certain veri- fiecl claim for damages dated Nlarch 10, `19J�$., and signed by the undersigned and filed �ith the City of Redding, and .wherein the , undersigned cTaimed ,darnages against the parties hereinab�ve rrientioned for certain gradin� done on or about June 15, 1947, arid wY�erein it , was alleged that said damage resulted to Lot 9, Block N of Dakynts Re-Subdivision of Dakyn Addition to the City of Redding and owned by the undersigned, hereby admi�'�irig full settlement and satisfac- � ;� �� tion of all matters and things heretofore claimed in the said veri- fied claim for damages. We understand that, �Lhis is a full and final release of any and all clair,is, present and future, known and unknown, contem- plated and uncontemplated, and we hereby expressly waive the provision of Section 1542 of the Civil Code of the State of California. 'I'his release is freely and voluntarily enterecl upon tYie advice of our attorney. - In consideration of this release, the City of Redding agrees , by its acceptance to do the following things to-wit: 1. Grade into the above-described property from 4�alnut Avenue a circular drive connecting with the circular drive now entering said property from Shasta Street so that the cireular drive formerly existing upon said real property may be re-established to conform to the grade of said streets. 2. That where requested the City of Redding will transplant the existing shrubs and plants to places on said premises designated by the undersigned where it is necessary to remove said plants and shrubs to permit the constructiori of said circular drive and the construction of a retaining wa119 provided, however, the City of Redding will in no way be obligated to construct this retaining wall. IN WITNESS Vu'H�REOF, we have heretofore set our hands this $ day of November, 1950. . s/ ll. Ho Fado s/ T�Irs . D. H. Fado , AiVNEXATIOI�i-Vd00DLAWN ADllI�l'ION City Attorney Garlton presented the first reading of the Woadlawn Addition ordinance to the �ity of Reddin�;. Iti'I��i'TOTd; I�"iade by Counci�rnan �lnthony and seconded by Councilman I�iorrison that the council meeting of November 20th be on record as the first reading of the Vdoodlawn Annexation Ordinance. '�'he vating ti�ras as follows: Ayeso Counci7.men - Anthony, 142orrison, Swarts, VJilliams and Simons Noes: Councilmen - T1one r Absent: Councilrneri - None The following r,ames were suggested for afficers at the election: Adams, Bowman, Pearson, roreman, the residence of Tvirs. Bowman the palling place. Z'he election will be held Ja�1uary 11, 19�1 so the voting could be re- corded at a special meeting to be held January 15th, HOQKUP-ELECTRIC HEA`i'ERS � 1+rtayor Simons broug t up far discussion the cliscontir�uation of the present method of the electrical department's policy of connecting electric equipment in the home . Councilman i�orrison suggested that no further hookups be done after January lst by the electrical department beyond the meter. After general discussion from the floor, it was decided . more information was �Zeeded and the nlatter was to be carried over until the next nieeting. SHASTA COUNTY� �E�CE OFFICERS �SSOCIATIOI� ' Shasta County Peace Officers Assoeiation requested the use of the. r property adjacent to the skee� club for their pistol range. City Engineer Hill presented his sketch of the location and bounds. MOTION; made by Councilman Anthony and seconded by Councilman , Morrison that I�ro Carlton negotiate a written agreement for th� use of the property as requestedo Voting was as follows: AYESt Councilmen - Anthony, Morrison, Swarts, Williams and Simons T�OES: Councilmen - none ABSENT: Councilmen - none .�. <�,y�,_; - Y VACATION AND SICK LEAVE ORDINANCE City Attorney Carlton presented the Vacation and Sick Leave Ordinance for first reading, After general discussion by the Councilmen it was agreed to . accept the ordinance with the proviso that a paragraph be inserted authorizing the City N;anager to determine that sick� leave is justified. . MOTIONa inade by Councilman Williams and seconded by Councilman Swarts to accept, for first- reading the Vacation and Sick Leave Ordinance with the insert: The voting was as follows; AYES: Councilmen -..Anthony, Morrison, Swarts, Williams and Simons I�TOE5:.� Councilmen - none ABSEI�t1; Councilmen - none ORDIlVAI�CE IVO. 395� ORDINAIVCE Al�NDIlVG SECTIOriS L60 �i'� AiVD INCLUDING 165, INC�,USIVE, � OF PAR'1' Oi�fE, CHAP`fER SIX OF 1HE l�'IUNICIFAL CODE OF THE CITY OF REDDIIVG AlVD RELATIiVG .7.'0 ANNUI�L LEAVE AND. SICK LEAVE FOR THE OFFICERS A1uD E1�ZPLOYEES OF THE CITY OF FiEDDII�TG o '. Section 160; . . (a) Every officer or employee of the City of Redding, whether paid a monthly salary or a daily wa�e, subject to other conditions hereinafter stated, shall be entitled to an annual. vacation of two ( 2� weeks with regular payo � _ :. (b) ., Ivo . officer or .employee sha11 be entitled to a vacation with pa,y to and until he has completed one year of con- tinuous service_with the City of Redding. Service shall be deemed to have been interrupted within the year if' the officer or employee has.:_been diseharged .or if he has resigned, or if he has been absent :from his employinent for more than thirty t30) days. (c� In the event an officer or employee of the City of Redding quali:fies for an annual vacation hereunder by reason of his'� continuous service for one year he shall be entitled to regular az�nual vacations thereafter with pay, in the event that his service is continuous for each year as defined in this section; provided, Yiowever, that if the service of an officer or employee for any year is br.oken as hereinabove defined such off�:eer or employes shall not be erititled to a vacation with pay for such year. (d) In �omputing the continuous service of an officer or employee, -the following rules shall be observed: � l.� If the service of a.n officer or ettiployee commences prior to the 15th day of the month his service shall be computed from the lst day of the month in which he commenced work. � 2. If the service of' an officer or employee commences after the 15th day of the month his service shall be computed from the lst day of the month next followinge (e) Officers and employees �entitled to vacations must observe the following rules, to-wit: �_ 1.. An application in writing shall be filed with the department head of the officers or employees department stating the time that he desires his vacation. �2: 'rhe city manager or the department head shall have the � �right to designate the time of the taking of the vacation by. the offi.cer or employee and including the right to change the requested date in the event that it will interfere with the city service. (f) Any officer or employee shall not �have �the -right to � cumulate vacation time and in the event that the vacation is not taken during the year in which the officer or employee is entitled to the same such ri ht of vacation �shall be forever forfeited.. (g� P�o officer or employee shall have the right to ask or receive extra cotnpensation for service to the city on the basis that he did not take a vacation to which he was entitled, and in ;�he event an officer or employee works during his vacation period he shall be entitled to only his regular compensation. �� r� d�., (h) �lll vacations shall commence on the lst day of the . regular work week and shall be two ( 2) full calendar we.eks, constituting fourteen (14) days, including holidays and other non-working days. (i) Any officer or employee vrho is in service with the City of ftedding is terminated during any year subsequent to his f.i'rst year of cont3nuous service as defined herein, and who has been in con- tinuous service in the City of Redding for more than..thirty (30),. days in such year, shall be entitled to- be paid for a. vacation allowance . at his regular rate of _pay. at the time of the termination of his service. on a proportionate or pro-rated basis computed in relation .to the time worked in continuous city service in such year of the termination of . . service. Section 2. . Section 161 of Part One, CYiapter six, of Article Three of the 1�Tuni.cipal. Code of the City of Redding is hereby repealed. . � Section 3. � Section 162 of Part one, Chapter �Six, Article ,3, of the Municipal Code of the City of Redding is hereby amended to read as.follov�s: (a) All officers and ernployees of the City of Redding shall be entitled to sick leave as herein defined after one year. of continuous service. Continuous service as herein used shall mean the same as the definitioii thereof in Section 160 of this . Code. (bj Sick leave shall be allowed, with pay for one day for , each month worked by the officer or employee during his continuous service with the City of Redding up to and including thirty (30) days sick leave with pay._ . (c) Any absence from_ work due to sickness or injury which: is,� comper�sable under the Trdorkments Compensation Law of the State of Calif. .� shall entitle the officer or employee . sick leave for any days of waiting. time under the VJorkment s Compensation i�aw prior to the payment of com-. ' pensation. (d) In the event any officer or employee falsifies any request for sick. leave he shall thereby forfeit all. accumulated si.ck leave time, in addition to any other. disciplinary action that the .City .. of 1�edding desires to take. (e) Sick Leave shall commence on the day that _the officer or employee absents himself from work by reason of sickness and shall terminate on the day preceding his return to worko , ; (f) No claim shall be made for sick leave where the absence . from work is less than one day. (g) In the euent an officer or employee is off on sick leave he shall not be allowed any extra time or sick leave because of the existence of Sundays, holidays, .or non-working days within such period. . (h) No officei� or employee shall be paid any compensation in the event he has any unused sick leave accumulated on the termination of his employment with the. City of Redding. , ; (i) The provisions of this section pertaining to sick leave shall apply to all existing officers and employees. of the City of Redding, and previous employment shall be_ considered in determining thea.r right to a sick leave; .and.,all . officers �and employees on the effective date of this ordinance shall be entitled to a sick leave in accordance with the � terms hereof and based on their period of service heretofore rendered to the City of Redding; _ provided, however, that in the event any sick leave has heretofor�e been granted an officer or employee the same shall be deducted from, his accumulated time. (j) Sick leave as defined in this Code shall mean the inability of an officer or employee to perform his duties by,reason of sa.ckness or illness. , , , , � e���� � (k) The Gity T�anager of the City of Redding shall in- vestigate claims for sick leave hereunder and shall make the decision as to whether �or not an employee is entitled to sucYi sick leave and his decision shall be final and conclusive. The City Manager shall have the right to make a reasonable investigation, and offi�cers and employees claiming sick leave shall cooperate and submit to such investigation. Sueh officer�:and employees shall submit to a medical examination by a doctor selected by the city manager if he elects to have such an examination made and the city manager is hereby authorized to have inedical �xaminations ma.de at the expense of the City of ftedding if he deems the same reasonably . necessary in the investi�;ation of sick. leave clairnsa In the event any officer or employee refuses to comply with the provisions of this section, his claim for sick leave with respect to the period under investigation shall be deniede Section 1�. Sections 163, 161� and 165, and each of them, of Part One, Chapter Six, �,rticle three .of the Municipal Code of the City of Redding are hereby repealed. � I hereby certify that the foregoing ordinance was intro- duced and read at a regular meeting of the City Council of the � City of Redding on the 20th day of November, 1950; and �was duly read. and adopted as an emergency ordinance at �such meeting of said City Council by the following vote: Ayes: Gouncilmen: Anthony, T�Torrison, Swarts, Williams and Simons Noes: Councilmen� None Absent: Councilmen; None Dated November 20, 1950. %s/ B�ilber D. Simons N yor of t�e�ity of ed�d g ATTEST: /s/Dorothy C. Blood City Clerk FOR�� APFROVED: /s� D�nie1 S. Car�_ton City �ttorney F3�E �8�`�EG`�I��I-COUNTY HOSPITAL Mr. arTton. read an agreement between the City of Redding and the Shasta County Board of Supervisors covering ,fire protection to be provided for the County Hospital by the City of Redding Fire Depart- , ment, tne remuneration for these services to be determined by the , council. MOTION: Iviade by Councilma.n Williams and seconded by Counc3lman �nthony for Mr. Storm to ne otiate the contract with the supervisors, �25s00 for each alarm plus �100v00 per hour or fraction ,thereof. Th� �voting was as follows: Ayes: Councilmen � �lnthony, Morrison, Swarts, Williams and Simons Noes:. Councilmen - None Absent: Councilmen - i°�one REMOVAL OF 'I'REES - E. H. BOYCE Councilman �lilliams read t e report of 'the Street. Committee on the request b:y PJTr. E. H. Boyce of 1$21� Pine Street for the removal of trees in front of Yiis property. �'��� The report recornmended that the request be denied, and this was so moved by Councilman Williams and seconded by Councilman Swarts. Councilman Anthony said this was commercially_ zoned property, the trees were 25 years old and were damaging the sidewalks and that .the owner would plant new trees in their place. Councilman Williams then ti,rithdrew his motion as �Ir. Boyce had agreed to plant new .trees.. MOTION; h7ade by Councilman Swarts and seconded by Councilman 1�orrison that permission to remove trees be �granted provided new tr.ees �be planted. The voting was as follows: . Ayes; Councilmen: Anthony, I�Zorrison, Swarts, Williams and Sir�ons Noeso Councilmem: None Absent; �ouncilmen; None � GRANDVIEW HEIGHTS ANNEXATIOPI TJlayor Simons announced t e resolution had been published and the hearing for the Grandview Annexation would be December l�th. � RESOI,UTIOV N0. 1650 RESOLUTION OF INTENTION TO ANNEX CERTAIN NEW TERRITOR� TO THE CITY OF REDDING, COUNTY OF SHASTA, . STATE. OF CALIFORNTA WHEREAS, a petition for the annexation of the hereinafter described tsrritory was filed on the 6th day of November, 1950, with the City Council of the City of Redding, County of Shasta, State of California, in accordance with and pursuant to the laws of .California, to wit; That certain act known as the t�Annexation Act of 1g13�o, and WHEREAS, the City Council of the said Citp of Redding has found and determined that said petition was signed by more than one- fourth of the qualified electors of said hereinafter described territory as shown by the registration of voters of t'he County of Shasta, State of California; and WHEREAS, the City Council of said City of Redding has further found and determined that all of the signers of said petition are actually w:ithin. said hereinafter described territory; and tit1I�iEREAS, the signers of said petition have requested and petitioned that the following described territory and real progerty be annexed to the City of Redding, a municipal corporation of the sixth class; and WHEREAS, the description of the territory proposed to be annexed to and incorporated in and made a part of the City of Redding9 County of Shasta, State of California, is as followst to wit: Beginning at the intersection of the Southerly boundary line of of the City of Redding, Shasta County9 California, V�ith the Westerly line of the Southern Facific Company R/W as these lines existed �in August 1950; thence from said point of beginning Southerly on and . along said UJesterly R/W line to the point of intersection of .said R�W line with the Southerly line of Grand View Heights Subdivision extended Easterly; thence continuing Southerly on and along .:said R/W line 310.00 feet; thence VJesterly and parallel to the Southerly line of Grand View Heights Subdivision a distance of 1,1�05 .17 feet; thence Northerly and parallel to the westerly line of the Southern Pacific Company R/W to the Southerly line of Grand View Heights Subdivision Unit II; thence �desterly on and along the Southe�ly l�;ne of said �ubdivision to the Southwest corner thereof; .thence Northerly on and along the Westerlv line of said Grand View Heights Subdivision Unit II, and said line extended to the South line of Laurel Avenue as shown on the map of Boardman Addition to the Gity of Redding on file in the Shasta County Recordert s �ffice; thence '�testerly on� and .along said_ Southerly line to the �Westerly line of Olive Avenue; thence Northerly on and along the Westerly li.ne of Olive Avenue to� an :inter- section with the South Boundary line of the City of Redding heretofore � �� � e��:� referred to; thence Easterly on and along said Boundary line to the point of beginning. AND WHEREAS, the City Council being the legislative body of the City of Redding and the �Planning Commission of the City of Redding has heretofore consented .to the anne�tion of such territory and real prop- erty to the City ot' Redding, said territ'o'ry already being partially subdivided, and the City Council of the City of Redding does hereby again consent to the annexation of sueh territory and real property to the City of Reddirig; and " WHEREAS, the City Council of the City af Redding �has heretofore given its consent that proceedings for the annexation of such territory and real property to the City:of Redding be commenceci pursuant to the t�Ann�xation Act .of 1q13", Statutes of 191.3, page 5$7, as amended° and WHEREAS, tn.e ,proponents of the annexation of such territory'and real property �to the City of Redding did publi.sh a notice of intention to ci'r�culate a :�petition therfor in the manner required by the Elections Code o�':`the State of California and Section' 35111 of the Annexation �ct � of 1913, .Government .Code of California, as ariended, and '�tHEREAS, such notice was accompanied by a printed statement not exceeding five hundred words in length of the .reasons f'or the proposed pe.titiony and WHEREAS, within ten days of the day of the publication of said notice _the pro.ponents did file a copy of the notice and accompanying stateinent and an affidavit of the publication thereof with the City Clerk 'o`f th�e City of Redding; and . WHEREAS, twenty-one days after such publication of such notice of intention to circulate the said petition for annexation of said territory and real property to the City of Redding was circulated amon� the voters within the area proposed to be annexed for the sub- mission of signatures in the mann�r prescribed in the Elections Code, of California; and WHEREAS, tlie signers of said petition have requested that -�he following praposition be submitted to the voters of said hereinafter described territor.y, to wit: Ttdhether. such hereinabove described new terri.tory shall be annexed to,. incorporated in, and made a. part of, said City .of Redding, and the pro.perty therein be, after such annexation, sub j ect to ta�,tion, equally with the property within the said City of Redding, for the payment of any and all of the bonded indebtedness of said City of Redding, outstanding upon the day of the filing of said petition, or which has beeri theretafore. authorized, to wito � 1. City of Redding Bridge Bonds ciated August 1y 1913, the original bonded indeb�edness which was the sum of�60,000.00 with interest at the rate of 6j per annum' and the unpaid balance and portion of such bonded indebtedness outstanding at the date of the filing of said petition for which sucn territory sha1l be taxed as aforesaid, is �4,500.00; 2. City of Redding Water V�Yorks Improvement i�onds, dated Julyl, 1937 the original bonded indebtedness which was the sum of �200,000.00, with � interest at the rate of �3 1��.%' per annum and the unpaid balance and � portion of such bonded indebtedness outstanding at the date of the filing of said petition for which such territory shall be taxed as aforesaid, is �90,OOOm00. 3, City qf Redding Se�age Disposal Improvement �3onds, dated June 15, 19�.6, -the original bonded indebtedness which was the sum of �200,000.00 with interest at the rates of 1 1/4. - 1 1/2 - 1 3/�.� per annum, and the unpaid balance and portion of such bonded indebtedness outstanding at the date of the filing of said petition for which such territory� shall be taxed as aforesaid, is �160,000.00. 4. City of Redding Niunicipal Improvement Bonds, dated December 1�, � 191+7, the original borided indebtedness wh3,ch was the sum of �27�,(}OOa00 with interest at the rates of 2 1/�. - 2 3�l�Jo per annum, and the unpaid balarice� .and portion of such bonded indebtedness outstanding at the date of the filing. of said petition for which such territory shall be taxed as aforesaid, is �255,000.00. 5. City of Redding Municipal Light & Power Improvement Bonds, dated ` November 21, 1921, the original bonded indebtedness which was the sum of �40,000.00, with interest at the rate of bo per annum, and the unpaid - balance and -portion of such bonded indebtedness outstanding at the date of the�f,iling: of this petition for whieh such territory shall be taxed, as afore:said, -is �12,000.00, and � T�TEiEREAS there are no .authorized bonds of the said City of Redding at the- tim� of the filing of said, petition which are unissued and the said request relating to bonded indebtedness above-mentioned pertains to the outstaading bonds . of the City of Redding and the specified portion thereof. above-mentioned. .,F�.*'�=n �� J, �L' J�._Ra� �� �vOW, 'rHEftEFORE, by virtue of said petitio�n, and pursuant to and in accordance with the prouisions of that act known as the t�Annexation Act of T913't, Statutes of 1913, page 5�7, as amended, - �3E .IT RESOLVED, .and it is hereby 'orderec�: by the City Council of �l'he City. of Redding, County. 'of ShaSta,, State °bf California, that it is. the intent�:on of said Council to ' cal�l:`a �'special election, at the first regula�r meeting of said Counci'l '.after 't'he `expii�ation of fifty `days from the pa�ssage of this Resolut'ion�, `and sub�mit to t�e electors residing`in the territory proposed by said petition:to be annexed to said City`of Redding, the question .whether such hereinabove described new territory shall .be annexed to, incorporat.ed in, and made a �part of, : said City. of Redding, and the proper�y therein be�, af ter '"such anne�tion, sub j ect to taxation, ,equally with the �property within the said City of Redding, for the pay.ment of any and .all of the �onded indebtedness of said. City of Redding, outstanding upon the day of .the filing of said petition,� .or which has been theretofore authorized, to wit: ' ." The said bonded indebtedness and each of them, hereinabove mentioned. I� IS HEREBY FURTHER RESOLVED by the City CounciT of the City of Redding, County of Shasta, State of California, that an appropria�te name or other words of identifieation by which said territory which is pro= posed t,o be annexed .to said City of Redding may be r�ferred to and iridicated upon the ballots to be used at an election at whieh the question of such annexation is submitted to the electors at which the question of such annexation is submitted to the electors of said territory is (are� , to wit: - GRAND VIEW HEIGHTS ADDITION I`i' IS HEREI�Y FURTHER RESOLVED by the City Council of the City of . Redding,, County of Shasta., State of California, that upon the 4th day of December, i950-, at the fiour of £3;00 p.m. , said time being not .less than fifteen days, nor more than fo.rty days from the date of the . passage of this Re.solution, at the City Hall in the City. of Redding, County of �hasta, State of California, any person owning real property. within said territory hereinabove described and which is proposed to be' " annexed to said City of Redding, having any objeetions to said proposed anne�tion, may appear before the� City Council ,and shoh* cause why said` territory, snould not be so annexe.d and the. bonded indebtedness assumed. � � as prayed for. in .said peti�ion. I HEREBY. CERT�FIED that the foregoing resolution was introduced. and read at a regular meeting of said City Council of The City of' . , Redding on the 6th day of November,� 1950, and was duly adopted at said meeting by the following vote; � AYES: Councilmen; William�s, Anthony, Morrison, Simons, Swarts NOES: Councilmen: ABSEPd��; none Dated November 6, 19�0. S/ ��l'ilber D. Simons Ivta yo r ' ATTEST: . S/ Dorothy C. Blood �'or�T� Approved:' ' City Clerk s/ Uaniel S.. Carltori � , City Attorney . OFENING OF' ALLE�`.�-SCHEARER ADDITION . ' Council Williams presented a report from the Street Committee as f,o:llowss An inspection was rnade� on the al'ley-between 9th and 'lOth Streets ofs" West Street in respon.se . to a�request made by P�Irs. I�iuhm and Mrs Day for, its construction by the Ci�y of Redding, "1'he inspection definitely� � indicates that the condition of �tYie alley is in line with the City4s . policy that all improvements to unimproved streets and alleys will have to be done by the property owners. , LELAND ���NUE DRAINAGE. - Couricilma:n Williams presented a repor-t from the Street Committee as - ' follows: � An inspection was made after ��r. Hastings of the Park Subdivision to.ld . the Council of the damage that had resulted from� the last heavy storms � in the area. He mentioned the culvert on_ Leland Avenue and recoinmended that a bridge be installed in its� place. In view of the abnormal rain- fall of debris and particularly 30 railroad ties that blocked a'll of the bridges in the area, it would seem that a hridge would not be the answer'; but if the debris is kept away from the banks and the adjoining proper�w � F ��P� owners_keep the canal clean the future rains would not cause any darnage by flooding. The Street �Department has cleaned out the ehannel with a bulldozer and it definitely appears tYiat corrections have beerr made and there should be �no trouble in the future. After discussion fron� tl�e floor, it was indicated residents fei.t that this would not be adequate and that the � crass section area of the culverts was not sufficient to carry off flood waters. ANIVUAL AUDI`r � The City Clerk presented a letter received just be��ire the council �neeting from i�ir. Winfred Wrigr�t as follows,. to .wit�. Tdovember 1�, 1g50 TO '1HE HONORABLE CT`r�.� COUNCTZ CIIY DF HEDDING � � Redding,� Calif. GENTLEMEN: Referring to your AGREEMET3T and letter from your CITY.; MANAGER, � " 'Philip W. Storm, which was mailed October 19, 1950 and received October 27,; 19�0 upon my return to Reddxng from a business trip, . In' Re-Audit of th�e City•s records covering- the fiscal year beginning July lst, 1949 and ending June 30th, 1950. - : � Please be advised that after carefully reviewing and anaTyzing ` said AGREFI�3ENT and EXHIBI'"1' A, attached thereto, said� Agreemerit� and EXhibit, provides among otYier things: `i�hat the �nr�itor furnish «Comparative Profit and Loss Statements for at least two fiscal years � , prior to the date of the current audittt, also a "Comparat�i�e � Profit and Loss Statement of the Utilities Department for at least two fiscal years prior �o the current auditYt,: as well: as seven copies of the full audit report, besides the Original, etc. � All of which would necessitate much professional labor, skill and research work an the part of the auditor in order to prepare the necessary data, figures and facts required for such a report, and under said �AGREEMENT there is no compensation provided. thereunder for compiling said data for the two fiscal years pr3or to the current audit, nor the �seven copies of said report. Therefore �or the above reasons I respectfully decline to aecept or sign said AGREEN�NT, as my Bid provided for a complete audi� �fi.d review covering the fiscal year ending June 30, 1950, together with a detailed written report thereon, as well as the necessary notes and comments required. according to my findings under the a�adit. �aid audit complies with all the terms� and sti.pulations �as set forth .under the AGREEMENI as submitted, save and -except the �CH�EDULES for the two fiscal years prior to the current audit; and ..preparing ` seven copies of said report. - �1'hanking all members of the City�Gouncil for � the corisideration , extended me and wishing you much success in conducting the .CityQs business. � . � Very respectfully, - /s/ 'Winfred. Wri�ht Public Accouiztarit 2201� Waldan Street . _ Redding,� Califortaa.a �,�.,.'_.�, a,d - After discussion of objections of Mr. Wright to the- additional clauses .in the contract, it wa.s agreed to award him the contract at the �1050.00 figure with not more than �three copies to be prepared and elimination of the comparative statistics. MOTION: Made by Councilman Morrison and seconded by Councilman Anthony to resubmit the contract to Mr. Wright changing the provision to three copies and eliminating the comparative audit with previous years. If any additional work was to be done, it would be at a per diem rate to be determined by the council.. 1he voting wa.s. as follows: Ayes: Councilmen; Anthony,..l�orrison and T,�illiams Noes: �ouncilmen: Swarts and Simons Abseni;; Councilmeno None , GARDEN SUBDIVISI�N DRAINAGE � i�Tayor imons presented a request frorn the residents of the��Garden Subdivision that the City of Redding share �he costs of providing the required drainage for that area. City Engineer Hill was requested to determine the amount of excess drai.nage water and. surface area draining thraugh the tract. i�7:r. Fred Eastlund reqizested that area not now included but that would be benefited by the proposed, drainage share in the expense. After heated discussion no decision was reachedo � TRANSFERS: l�',p I 1�; Made by Councilman, Swarts and seconded by CounciTman Williams to transfer �10,000.00 from the Electrical fun.d to the, Ganeral. runde `The voting was as follows: � gye�; Councilmen: Anthony, I�'iorrison, Swarts, Williams and Simons Noes; Gouncilmen: None , , . . _ Absent: �ouncilmen: I�Tone Mt�TI4IV; 1�7ade by Councilman Swarts and secorideci by Councilman Anthony to transfer �1360000 from the ElectricaT fund to the Municipal. Li�ht and Fower Bond rrym.nd e , , _ The voting was as follows: � AyeS, � Councilmen: Anthony, Nlorri.son, �Sw�arts, VJilliams' and Simons Noes: �ouncilmen: None . � . Absent: �ouncilmen: 1Vone . .� 1�GREEMENT � THIS AGREEMENT ma.de and er�tered into this 25thday of Septernber, 19y0 between the CTTY OF �REDDIi�G, a muni�ipal corporation of the si�h class, hereinafter . referred ,.to as the first party, and the SHASTA BOX COMPANY, a corparation, and the REDDING VEntEER AND BOX COMPAIv�,INC• , a corporation, hereinafter referred -to as the second party, � WITNESSETH; WHEftEAS, the parties hereto made and entered an agreement dated December l, 1941�, relating to tr�e supply of water by the first party to the second parties and the construction .of certain water distribution iacilities by the first party, and VdHEREAS, said agreement was amended with respect to Paragraph l� thereof on said December 1, 1944., and WHERTAS, the SHASTA BOX COIvIPANY, one of the second parties therein wa.s indebted to the. City of Redding as of August 29,1�50, in the sum of �p3�31.29, for water se�vice, and Vd`dEREAS, the REDllI1�U VEIVEER AND BOX COMPAiVY, one of the, second parties therein, was. indebted to the first party as of August 29, 1950, in the sum of �196..b0 for unpaid water service, and WHEREAS, the first party is indebted to the SHASTA BOX COI�IPANY, one of the �second parties herein, in the sum of �4250 .00. and to the REDD�NG VENEER AND :BOX.:COMPANY, one of the second parties herein � in the � sum of �750.00'� pursuant to the terms of said agreement of December 1, 194�-, and WHEREAS, after off setting the indebtedness hereinabove mentioned, the first party owes the second parties herein as of August 29, 1950, the following sums of money, to-wit; � �� o'�'-t�,�.. �..,� To SH�STA BOX COMPANY; ��.1£3.71 7b REDDIIVG_ V�E�UEER_ A1V� BOX CUNIPA�VY �553 •3� NOW, �.'�iEREFORE, IT IS MUTUALLY UNllERST00D AND AGREED BY AND ` BETWEEN �'HE FAR`1'IES HERE`rO,,�AS FOLLOWS, TO-WIT: - 1. `l�hat the recitals in this agreement hereinabove set farth are true and corr�ct. 2. That the first party shall pay unto the second parties on the execution of this agreement the following sums: To SH�1.�`i'A BOX COMPAi1Y y�1.�.1�.71 To REDDING VENEER AND BOX COMFANY �553 •34 3 . That said agreement of llecember 1, 191�1�, as amended, is hereby cancelled and terminated and each of the parties h.ereto hereby release the .other from any and all liabilities and obligations under and pursuant '. � to ,the terms of said agreement as amended. `1~he second parties shall be responsible to the first party for any water service charges incurred subsequent to August 29, 1950, and such , eharges are not the .subject of this agreement. . '. �.o �lnhe parties hereto agree that the first party no longer d.evelops an exc�ss or surplus of water in the operation of its municipal water sy�stem over what is necessary for the use of the first party and its irihabitants; and the parties hereto agree that the first party shall not be obli�ated_!_to furnish water to the second parties_�under and pursuant ` to � the agreement of December 1, 191�.LF., as anierided. ;, I� is further agreed that any service of water by the first party to the second parties shall be determined by: the first party in accord- ance with muriicipal p�liey, and that there shall be no obligation on the part of the first party to continue water. service to the second parties. Iiv Wlri'TvES5 WHEREOF the first party has caused its name and seal � to :be :hereunto annexed by its officers thereunto duTy authorized, and the second parties have set their hands the day and year first above , wi�itten. /s/ llorothy c:. Blood CITY 4F REDDTVG �Titne ss by /s/ ti�Tilb�____er _D. Simons /s/ Fhilip Wo Storm PUlayor Witness AlTESl: �s/ Ethal A. Richter, Clerk City Attorney SH�.STA BOX COMPAI�Y Ls/ F. H.� Iieran; �'re s dent Ls/ 1�7a L. Leeper . Secretary- REDDING .VENEER AND BOX COMPANY /s/ G. W. Notle3� �r`esident � /s/ Geo.E. DeSoto Secretary � Second Farties `i'here being no further business the meeting was adjourned.