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HomeMy WebLinkAboutMinutes - City Council - 1950-12-04APPROVED: , Mayor ATTEST: Cik City r City Council, Regular Meeting Council Chambers, City Hall December 4, 1950 8:00 P.M. The meeting was called to order by Mayor Simons and upon roll,.call the following Councilmen were present: Swarts, Williams and Simons. Late: Councilman•Anthony., Absent: Councilman.Morrison.- City Attorney Carlton was present. MINUTES -PREVIOUS MEETING MOTION Made by Councilman Swarts and seconded by Councilman Williams that the minutes of the meeting of November 20th be accepted as mailed to -each councilman. Voting was as follows:. Ayes: Councilmen - Anthony, Swarts, Williams .and. Simons .- Noes: Noes: Councilmen - None Absent: Councilmen - Morrison BENTON TRACT - POWER Mr. Joseph L. Smith asked what was being done about the. -establishment of power in the Benton Tract and Mayor Simons said the Pacific Gas and Electric Company was making their appraisal of the plant and the.city could do nothing until it was obtained. If an agreement could not be made as to the value, it would be decided by the-Public;Uti-lities, Commission. BALL PARK - BENTON TRACT The following letter was read by the City Clerk: December 4, 1950. Honorable Members Redding City Council City Hall Redding, Calif. Gentlemen: The.following,organizations request that the City of Redding designate an area located in the Benton Tract that is approximately 375 feet square for use as a baseball diamond and.rec-reation.field for juveniles. This area is located between the swimming pool road on the south, Del Mar Avenue on the north and the Southern Pacific Railroad trestle on the west. We.further.-request-that the City Council authorize by whatever means appropriate the leveling of this area and that the leveling be accomplished prior to March 30, 1951 as- to..be. ready -for. the, start of the baseball season. The organizations listed below pledge full cooperation in aiding the City of Redding in the leveling, development maintenance and improvement of this area. Yours very truly.,, 7L I I Moo�e adge by s/L eorge.L. Smith. Women of Moose by /s'/ Lorraine Branstetter 2030 Club by /s'l Bruce Harrison Jr. Chamber of Commerce by /s/* - William ,H. Winters, Pres. Lions Club by Isl Ralph Yank Redding Browns, Inc. by Isl Leonard Monheimer Eagles Lodge by Isl Hubert Hall, V. Pres. American Legion by Isl G. V. Schaftet, Athletic Chairman ---- Veteransbf Foreign Wars by Isl Laurence S. Norton, Com. Post M34 Marine Corp League Redding Recreation Department by Isl Merritt A. Nelson Redding Athletic'Association by Isl 0. A. (Ro'y) Vincent Speaking in behalf of the project', Mr. -Vincent ­ said this ball, park would be for. boys Ag6s"14"to' 18,. " There 'was 'cdais,iiieratle discussion by, the' -bundil ' 's'to 'the �ne ssity ';f,rom'the- floor and C a c-6 '" "" "" "of the -:f ie'ld, an&f-,-,'the fact that there was no available funds for a project ofthis typel.in the present budget. Mayor Simons referred the -matter -to the Parks.Committee for their.,-- "costs.,' -%, recommendation as. -to the definite program and. with th-in's'truc.tions -Ucouncil meeting r -the � first me"e t1il' ` r"e"'port av'either the next 6oun ng o g., Januar y'' VACATION AND SICK LEAVE ORDINANCE MOTTON: MaUe by UouRcliman Wil 6 and 'seconded by" Coundilmair"SiArts to waive the second reading of the Vacation and Sick Leave Ordinance. Voting wasasfollows-, Ayes* Councilmen'- Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen - Morrison -MOTION: -Made"by Councilman -Williams and second6d'by,Cou'ndiln*n Swarts that the Vacation and Sick Leave Ordinaiicelb,e-ado'pted,as'-pr"esent,eaby City-Attoraey'Carlton-. Voting was as follows-, Ayes: Councilmen Anthony, Swarts, Williams and Simons Noes: Councilmen = None Absent,* -Councilmen Morrison ANNEXATION - WOODLAWN ADDITION MOTION: Made by Councilman Anthony.and-seconded-by Councilman.Swarts to waive 'the second, reading of the ordinance ,calling ,for 'the -wo,odlawn Annexation election. Voting was as follows: Ayes: Councilmen -,Anthony, Swarts,-:Williams and Simons Noes'., Councilmen - None. Absent: Councilmen,- Morrison MOTION: Made by Councilman Anthony and---secohded, byto'uncilman Swarts, that the ordinance for the Annexation.of-Woodlawn election be adopted. Voting was as follows* 0 Ayes: Councilmen- Anthony,, Pwart:s, Williams and Simons I ­kon Noes-- ­touind'ilmen e Absent: 'Coun'cilmen Morris= 'PUBIiIC'-HEARINO, "ON7 THE'-GRANDVIEW HEIGHTS ANNEXATION Mr. Frank Gonseor requested of the city manager and the council the answer to the question of how sdon-'wate'r-could .be expected after the annexation of the Grandview area to the City of Redding. Mayor Simons replied, ihe'­n1:ext meeting' ,`6f'.the* c*ouric#,."Or-'-the".:Efirst -meeting in Janifary'a;' report would be"giv6n., T - As there were no further. comments from the floor, Mayor Simons, called the hearing closed, and \requested the City ,Attorney to; draw yup; the necessary ordinance for the Annexation of Grandview Heights to the City of Redding. BENTON AIRFIELD' BEACON Mayor Simons read a communication from the Civil Aeronautics.Admin- istration. asking, the. City,of Redding if they would be; will— to acquire'title'to the beaoo� at the Benton Airfield. The a ectric power bill for the facility averages about;12.50 per„month. MOTION: Made,by Councilman Anthony and,seconded by.- Councilman Swarts to accept the Civil Aeronautic Administration's offer to transfer title.of the beacon at the,Benton Air Field to the City, .of Redding. Voting` was as follows: , Ayes: Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen - Morrison LINDEN STREET WATER SERVICE Mayor Simons read a.request from property owners on.Linden Street to extend the.wate'r serviceand.grad`e the street so it woul& be passable 'in winter. -This request.held the signatures of 26 residents of that area. Mr. Joe Sauer stated the grading was not a serious problem, that it would only require a slight amount.of work.to make the street.passable. City -Manager Storm said a creek,through-the centerline of.the'de- dicated-street would increase'the amount of work involved.. Councilman -Swarts asked the probability of people donating property for.street easements to improve the area and permit relocation of the present street out of the creek, and Mr. Sauer said it was possible and he would obtain the necessary information. City Manager Storm in discussing the obtaining of -water for_the;-,area, stressed.the difficulties of obtaining pipe, and -estimated it would require about 1445 feet at $2.00 per foot. This was referred to the street and water departments for study. PEARL STREET Tie .matter ,of the naming of Pearl Street in the Benton Heights addition was brought.befor.e..the council. MOTION Made by Councilman Swarts and seconded by Councilman -Anthony to refer the matter to the Planning Commission. Voting was as follows: Ayes: Councilmen = Anthony,'Swarts, Williams.and Simons Noes: Councilmen - None Absent; bouncilmen - Morrison SHASTA.PEACE.OFFICERS ASSOCIATION..._ . City,Attorney Carlton presented the'following,.proposed agreement .between Shasta County Peace Officers Association and the City of Redding.' MOTION: Made by Councilman Williams and seconded by Councilman -Anthony that the.lease as read be -accepted. Voting was as follows: Ayes: Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen - Morr.ison LEASE This lease made and entere& into this 5th day,of Deeember, 195.0-” by and between the City of Redding, a municipal,corporation of. the State of California, hereinafter referred 'to as Lessor; 'and the Shasta County Peace Officers' Association, Inc. hereinafter referred to as Lessee, .WITNESSETH; That'for and..in consideration of.the covenants and stipulations and agreement`s` herein contained 'the .'Lessor -does. hereby lea se, demise and let unto the Lessee thatcertain real'property'situate in the City of Redding, County of Shasta, State of California,.and particularly described as follows, to wit: I Beginning at a point on the South Boundary line of the City of Redding from which the S. W. corner of said city bears S 814007435" W. 1909.21 feet; thence N. 231126120n E. 199.39' thence S.-59044410tt E. 251.$4_ feet thence S. 2302612011_W 404 thence N.- 59044!10n W.. 251:$4 thence ..N.. 23026'20tt E. 140.6 feet to the point of -beginning, containing 1.95 acres. This lease shall be for a term of five years, to wit: commencing on December 6, 1950, to and _;including the:.5th day. of December, 1955, in considerationfof the covenants herein contained. 1. That the Le ssee;shall'perform the covenants.herein provided for :in- the. manner herein specified, --and at the expirration of said term the said Lessee shall quit and surrender the.said premises,in as good state and condition as reasonable use and wear will permit. 2. That the :Lessee, performing the, covenants _herein specified, shallYand-may peaceably..and,quietly hold -and enjoy the said premises fot- the term aforesaid, but if default should be made in any of the covenants or'agreements herein contained on the part of the Lessee, it>.shall- be lawful for. the Lessor to .re-enter, the _said premises. -and :.to lremove.,all persons -,,therefrom,, or said Iessor -may. elect' -to -exercise any legal or equitable right accruing to it. as*the r­esul"t­of-s'uc'h breach. 3. That the. -Lessee, in -,carrying on,and conducting its activities upon said premises, shall comply with-and,.conform to all laws,.ordinances and regulations governing -the conduct of,such activities. 4. That the Lessor -and its agents shall have the right at all times during the existence of this lease to enter into.any part of said demised,premises.and to_ascertain its condition. 5. The Lessee shall not, without the previous consent in writing of the Lessor, assign this lea w or any interest therein or underlet ..or sublet the-whole.or any part of said premises. Any purported assign- ment,.either direct or by operation of law, or under or in pursuance of any order, judgment, decree, or process of any court, shall be wholly _ void and shall at the option of the Lessor work a forfeiture of this leas'e'-.--'- ase o ' The 'co.riserit of the Lessor to the first or any other assignment shall not be a consent to any subsequent assignment, but the prohibition ._agai_nst.assignment without consent shall continue in force as against any assignee. 6. That the Lessee shall not make any alterations, improvements or additions on said premises without first securing the written con- sent of the Lessor. 7. That the leased premises shall, be used solely.for the conduct of a pistol range and other purposes incidentally related thereto. 8. That should the Lessor be compelled to resort to.legal action to obtain possession or to enforce any of the covenants= of this lease, the Lessee shall pay reasonable attorney's fees tkerafor and all other damages which the Lessor may suffer. 9.• That this lease shall b_e deemed forthwith terminated on the failure, of --the ,Lessee; to- comply with any lawful notice given by the Lessor.,to, perform the covenants. or .quit the demised, premises, and the Lessee hereby. agrees .that_ it,, or ,any .mortgagee of the :term or any person interested in the continuance of the term, shall never make application for relief under Section 1179 of the Code of Civil Procedure of the State of California. l0..'.That-..the Lessee agrees to save the Lessor harmless from any and allliability arising or caused by its use of said property and caused by the .operation. and._conduct ,of. a pistol range or activity on said property and during the term of_this lease the.lessee shall provide a policy of public liability insurance in the sum'of .$50,000.00100,000.0 and wherein the Lessor is named as a party insured and it shall save and hold the Lessor harmless from any tort liability resulting from the use of said real property by the Lessee and/or the conduct or op- eration of a pistol range or activity on said premises herein leased. 11. Time is of the essence of this lease and each and every provision thereof. 12. The Lessee agrees to maintain said premises in a clean, neat and proper.condition at all times.., 13. That in. the 'event: the Lessee ,_desires to install, any, im- provements -permanent, or temporary, on said real property, it' shall submit its plans and specifications therefor) to the .Lessor and no such construction shall be made,:�unless it is approved by the lessor. 14. The Lessee-shall•have'- the, right to r,.eriiove .at .the termination of this lease, any improvements;,,installed by it on 'said :premises- so long as it does not damage said real property by such removal. Such 'improvements shall be -removed by the Lessee within a reasonable time .after ,'termination -of this lease- if prior to its expiration • date, but if the lease runs its full course the Lessee shall remove,the same prior'to the expiration of the lease 15. The Lessor sha'll have the right to post not'ic"es on said leased - premises, of notices of. 'non -liability and pursuant. to -.'t -he laws of: the 'State -ot California 'and `the Lessee agrees to notify'.. the, -Lessor,-. in writing, immediately that. any work of •:any.:kind -.or character. is commended on said premises. The Lessee agrees,,.that it will not commit any waste on said'_premises or permit.any private or public nuisance thereon. IN WITNESS WHEREOF, the parties•hereto'have hereunto caused this -lease.-to� be executed by their respective.,officers as of -the day and year first hereinabove written. CITY : OF REDD ING By zyor Lessor SHASTA.COUNTY PEACE OFFICERS' ASSOCIATION, Inc._. By President By Secretary Lessee VACANCY, RECREATION COMMISSION Mayor -Simons read't a following communication regarding the vacancy in Ithe'-Recreation'Commission. Honorable Members November 30, 1950 .Redding City Council 'Redding, Calif. Gentlemen: The ReddingRecreation Commission unanimously recommends the appointment of Claude H. Caldwell as�recreation:commissioner to replace -;Laurence Kennedy Jr: We urge that the citycouncil make this appointment at.their-earliest convenience. Very . truly yours., /s/Merritt A..Nelson . Superintendent of Recreation Redding Recreation.Commission Secretary. • MOTION: Made -by Councilman 'Swarts and 'seconded. by Counailman �\ Williams that:Claude H. Caldwell be appointed to the Recreation Commission. I. Voting -was as follows: Ayes: Councilmen - Anthony, Swarts, Simons and Williams Noes: Councilmen - None Absent: Councilmen - Morrison VARIANCE - R.A. NOWELL The following communication requesting variance by R. A. Nowell was read by Mayor Simons. The communication was -from the Planning Commission: "The matttr of request of Mr. R. A. Nowell for a variance to permit the construction of a neighborhood grocery on a portion of Lot 4, Blk. T, Dakyn Addition, as per plat plan submitted, was brought before the Commission. After discussion it was regularly moved by*Commi'ssioner Stout, seconded by Commissioner Kriegsman that the request for variance be granted and so re- commended to City Council. The Vote: Ayes, Eastlund, Kriegsman, Peck and Stout. Noes, O'Brien Absent, Cibula." MOTION: Made by Councilman Williams and seconded by Councilman Swarts to accept the recommendation.of the Planning Commission regarding variance of R. A. Nowell. Voting was as follows: Ayes: Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent:. Councilmen - Morrison ZONING - BENTON TRACT The following Communication -from the Planning Commission regarding the zoning of Benton Tract was read by Mayor Simons. "The matter of zoning of Benton Tract was then brought.before the -Commission by Vice Chairman Eastlund. There being no one present objecting to -the zoning,:as.set,out in Notice of -.Public Hearing, it was moved by Commissioner Kriegsman, seconded by Commissioner Stout that the Benton Tract be zoned as stated in Notice of Public Hearing." Jhe voting was unanimous in favor. MOTION: Made by Councilman Williams and seconded by Councilman Swarts to accept the recommendation:of the Planning Commission for the zoning of Benton Tract. Voting was,as follows: Ayes: Councilmen - _Swa-rts, Will.igins and Simons Noes: Councilmen - Khthony Absent: Councilmen - Morrison REZONING OF'AREA - ALMOND.AVENUE TO ROSE .SHASTA TO EUREKA�WAY Mayor Simons read a communication from the Planning Commission on the rezoning of area above mentioned. "Vice Chairman Eastlund then brought before the Commission the matter of rezoning the area within the boundaries, of- Almond Avenue and Rose Avenue, Shasta St. and Eureka Way. Mr.. A. W. Hislop. Mr. Zinn, Mr. McArthur and others spoke against and rezoning and Mrs. -Bishop, Dr. -V. -J. Collins, B. C. Foster and Mrs. Woods and others spoke -favoring the rezoning." -Af-ter considerable -discussion it was moved -,by Commissioner OtBrien, seconded by Commissioner Peck that the zoning above mentioned remain as now zoned and so recommended to City, Council. The Vote: Ayes, O'Brien-'. .,Peck and Stout. Noes, Eastlund and Kriegsman. Pass -i -ng, Cibula. Absent: None MOTION-::: Made, by .Co.uncilman Williams and seconded by Councilman ''warts to_•:acc,e.pt: the recommendation: of .the Planning Commission on the rezoning of the areas between almond Avenue to Rose, .Shasta .to Eureka Way/Ir Voting was as follows: Ayes: Councilmen -Swarts, Williams and Simons Noes: Councilmen -Anthony Absent:Councilmen -Morrison' Dr. V. J. Collins, Mr. Sherwood Zinn and J. A. DeCima presented their arguments for and against the suggested rezoning. Mayor Simons felt the bounaries were too broad, and suggested de- tailed boundaries of proposed areas for rezoning be presented to the Planning Commission. BUILDING PERMIT - MACY'S FEED STORE A request for a building permit from Macy's Feed Store, California acid Tehama Streets, to construct a canopy or marquee on the north side of the building to extend over the street, was presented to the council. This matter was referred to the building committee with a request for their report next council meeting. ANNUAL AUDIT Mayor Simons read the following..letter received by City Attorney Carlton atapproximately 4:45 P.M. December 4, 1950 -from Mr. Winfred Wright. 11/30/50 Dear Mr. Carlton: Reference is hereby made to my personal interview with you as of 11/28/1950 and also your letter of the 11/21/50 relative to the Agreement for auditing the City Books, records and accounts of the City of Redding covering the fiscal year 1949-50 and again I call your attention to the fact that cir- cumstances have arisen over which I have no control as I ex- plained to you making it impossible for me to sign or accept the Agreement. SeriousJillness has crept into the family which will require considerable of my time and attention and also absence from the State, therefore as I explained to you, it would be impossible for me to accept said Agreement at this time. And again thanking :you and the City "ouncil of the City of Redding for your favorable consideration, and wishing you all much success in conducting the City's business. Very respectfully, /s/ Winfred Wright After considerable discussion by all councilmen present as to the circumstances that had arisen for the rejection of the audit con- tract, a motion was made by Councilman Swarts to call for bids for an audit of the Cityts books. This motion was withdrawn by Council- man Swarts when advisability of the auditor being a C.P.A. was specified. MOTION: Made by Councilman Swarts, seconded by Mayor Simons auth- orizing the City of Redding to advertise for bids from Certified Public Accountants for the purpose of auditing the City's Books. Voting was'as follows: Ayes: Councilmen - Swarts and Simons Noes: Councilmen - Anthony and Williams Absent: Councilmen - Morrison MOTION: Made by Councilman Anthony and seconded by Councilman Williams that the matter be deferred until the next regular meeting This motion was withdrawn upon Mayor's statement that a motion was not necessary. NEIGHBORHOOD NUISANCE A letter was presented from Mrs. Therese Nachreiner of 2042 Sacramento Street protesting the presence of a wood pile,.gravel pile, a parked automobile on a city alley which obstructed access to her property. A further protest was made about the number of noisy dogs (eight on one side, about that same number next door). Councilman Swarts stated that this woman has a serious problem as he knows from his own ob- servation. Dr. Collins, City Health Officer was asked to look into the matter from a health standpoint and if hazardous, steps would be taken. The police department would be requested to clear the alley if it was under the city's jurisdiction. DRAINAGE - GARDEN SUBDIVISION Councilman Williams as ed Mrs. Geo. Peterson to come before the council to state her views regarding a temporary drainage-Icanal through her property. She stated she would be opposed because of the -hazard to children and the dividing of her property, which is under cultivation. Because the city had not lived up to former promises, Mrs. Peterson said she was not interested in any proposition the city might offer as the probelp! was definitely the city's, not hers. The,possibility was brought up that Gold Street may extend through her property. As records have been mislaid, this was a matter to be de- cided in a court. The manner of drainage of the Garden Subdivision is still undetermined. PARKING PRIVILEGE - DON D. DAMS A communication was received from 1�Tr. Don D. Davis requesting the exclusive use of two parking spaces for two trucks on Pine and Yuba -Streets. MOTION; Made by Councilman Anthony and seconded by Councilman Swarts that fihe request of Mr. Don D. Davis for two spaces on Pine and Yuba Streets for exclusive parking be denied. The voting was as follows: Ayes;;;; Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen-- Morrison SUNSET DISTRICT - STREET LIGHTS Councilman Anthony -requested the City's.action on the placement of two or three lights in the Sunset Terracesubdivision. City Manager Storm said the lights were1_under consideration and would be installed. HANGARS - BENTON AIRPORT Acontract.was submitted -by City Attorney Carlton on the building of hangars at the Benton Airport. MOTION: Made by Councilman Anthony and seconded by Councilman Swarts that the contract be accepted after the clause providing for 5% re- imbursement to builder be deleted. Voting was as follows: Ayes: Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None Absent: Councilmen - Iv8rrison BILLS - MONTH OF NOVEMBER MOTION: Made by Councilman Williams and seconded by Councilman Swarts to pay the bills for the month of November. Voting .was as follows: Ayes: Councilmen - Anthony, Swarts, Williams and Simons Noes: Councilmen - None. Absent: Councilmen - Morrison Councilman Williams requested the bills be totalized in the future. There being no further business the meeting was adjourned. APPROVED Q, Mayor p ATTEST: y C City ,Clerk NOTICE CALLING FOR BIDS NOTICE IS HEREBY GIVEN that the City of Redding, a municipal corporation, will receive bids for furnishing the following described personal property at Redding, California. Each -bid to be in accordance with the specifications herein set forth. Each bid shall be sealed and filed with the Clerk of the' City of Redding at the City Hall, Redding, Shasta County, Calif., .on or before the 18 day. of December, 1950, _at. 8 oiclock. p -.m._ and will be publicly read aloud at 8;30 o'clock P.M. of said day in the Council Chambers of the City of Redding, located in - the -City Hall, Redding, California, which is the time:'and place when such bids will be opened. The City of Redding reserves the right to reject any and all bids or to waive any informality in a bid. No bidder may withdraw his bid for a period of thirty (30) 'days after -the date set for the opening, hereinabove. 1 That said personal property for which bids are called for hereunder consists of'the following: a. 50,000 gals. gasoline first grade, non -premium. b. 30,000 gals. gasoline, first grade, premium (of, standard Ethyl quality) C. 5,000 gals. stove oil d. 10,000 gals. regular Diesel oil All of said personal property shall be delivered to the City of Redding storage tanks at Redding, California-, and ori order of the City of Redding and in the quantities ordered by the City of Redding from time to time during the year 1951. The City of.." --Redding shall not be obligated to order more of the respective types of fuel hereinabove mentioned than its needs require, but the "success- ful bidders shall be required to supply to the City such types of fuel to the extent of the needs. of the -.City of -Redding. -and not.in ex- cess of the amounts specified at the rates specified in their re- spective bids. Bidders shall bid separately on items a, b, c, and d as hereinabove specified and the City of Redding will accept or reject bids on such items separately, and this call for bids.and the bids bade hereunder shall be treated and considered as spparate and -in- dependent bids for such items, a, b, c, and d. Each bidder may state any discounts available to the City of Redding and any taxes that must be paid by the City of Redding under his bid. Dated: November 30, 1950 Dorothy Q. Blood City Clerk of the City of Redding, a municipal corporation