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HomeMy WebLinkAboutMinutes - City Council - 2015-03-17205 Redding City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, CA 96001 March 17, 2015, 6:00 PM The meeting was called to order by Mayor Francie Sullivan with the following Council Members present: Gary Cadd, Missy McArthur, Kristen Schreder, and Brent Weaver. Also present were: City Manager Kurt Starman, Assistant City Manager/Electric Utility Director Barry Tippin, City Attorney Rick Duvernay, Public Works Director Brian Crane, Development Services Director Bill Nagel, Deputy City Manager Greg Clark, City Clerk Pamela Mize, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: City Treasurer Allyn Clark, Personnel Director Sheri DeMaagd, Fire Chief Kevin Kreitman, Finance Director Dennice Maxwell, Community Services Director Kim Niemer, and Police Chief Robert Paoletti. The Pledge of Allegiance to the Flag was led by Michael Allen. The Invocation was provided by Art Tilles, Temple Beth Israel. PRESENTATIONS 2A. Presentations to outgoing Electric Utility Commission Members Azizollah Barzin, Susan Hinz, Lyle L. Hurely, Adam McElvain, Marcus K. Partin, Michael Quinn, and W. Leonard Wingate in recognition of service from May 1, 2013, to March 3, 2015. [B-080-160] The City Council took no action on this informational item. 2B. Presentation of Shasta Mosquito & Vector Control District's 2014 Annual Report by Peter Bonkrude, District Manager [B-080-480] The City Council took no action on this informational item. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar and each Report to Redding City Council (staff report) is incorporated herein by reference: 4(a). Approval of Minutes - Regular Meeting of February 17, 2015; Special Meeting of February 25, 2015; and Regular Meeting of March 3, 2015. [A-050-060] 4(b). Approval of Payroll and Accounts Payable Register [A-050-100-500] Approve: (1) Accounts Payable Register No. 17, for the period of March 2, 2015, through March 13, 2015, for a total of $5,766,649.28, for check numbers 102773 through 103127, inclusive, ACH Transfer numbers 11719 through 11755 inclusive, and Wire Transfer numbers 5510 through 5516, inclusive; and (2) Payroll Register No. 18, for the period of February 15, 2015, through February 28, 2015, in the amount of $2,731,385.13, for electronic deposit transaction numbers 387296 through 388146, inclusive, and check numbers 600473 through 600534, inclusive; SUMMARY TOTAL: $8,498,034.41. 4(c). Accept the Proof of Cash reconciliation and ACR 133 report for December 2014. [F-205-095-650] 4(d). Accept the Proof of Cash reconciliation and ACR133 report for January 2015. [F-205-095-650] 03/17/2015 206 4.2(a). Adopt Resolution No. 2015-018, a resolution of the City Council of the City of Redding declaring April as Fair Housing Month in the City of Redding. [A-050-060-600] 4.4(a). Accept the 2014 General Plan/Housing Element Annual Progress Report and direct staff to forward the document to the Governor's Office of Planning and Research and the State Department of Housing and Community Development (HCD). [G-030-070] 4.5(a). Accept the Redding Electric Utility Monthly Financial Report for January 2015. [B-130-070] 4. 1 0(a).Accept the General Fund Monthly Financial Report for January 2015. [B-130-070] 4.11(a).Adopt Resolution No. 2015-019, a resolution of the City Council of the City of Redding approving and adopting the 53rd Amendment to City Budget Resolution No. 2013-61 appropriating $1,400,890 for Fiscal Year 2014-15 for legal expenses associated with the Cypress Bridge Project. [B-13 0 -070/13 -050 -100/S -070-050-050/L-100] 4.11(b).Accept Bid Schedule No. 4676 (Job No. 2991), Reservoir Cleaning and Inspection 2014 Project, awarded to Inland Potable Services, Inc., as satisfactorily complete, with a final cost of $232,063. [B -050-020/W-030-450] A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended. The Vote: AYES: Council Members — Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — None ABSTAIN: Council Members — None ABSENT: Council Members — None Resolution Nos. 2015-018 and 2015-019 are on file in the Office of the City Clerk. PUBLIC HEARINGS, PETITIONS, AND PROTESTS 6.1. Public Hearing - re Addendum to Zoning Ordinance Mitigated Negative Declaration and Ordinance - Amending Redding Municipal Code (RMC) Title 18, (Zoning) [RZ- 2015-00067] [C -110-100/L-010-230] Development Services Director Nagel summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council conduct a public hearing and, upon conclusion: (1) adopt the Addendum to the Zoning Ordinance Mitigated Negative Declaration; (2) offer an ordinance amending RMC Title 18, (Zoning), Chapter 18.46, (Nonconforming Uses, Structures, Sites, and Parcels), for first reading by title only and waive the full reading; and (3) authorize the City Clerk to publish a summary ordinance. The hour of 6:00 p.m. having arrived, Mayor Sullivan opened the public hearing to consider the Addendum to Zoning Ordinance Mitigated Negative Declaration and Ordinance amending RMC Title 18, (Zoning) [RZ-2015-00067]. The Affidavit of Publication — Notice of Public Hearing is on file in the Office of the City Clerk. The following spoke in opposition: Lio Salazar, Erin Salazar, Kelly Gaim Parker, and Monique Gaido. Mayor Sullivan determined that no one else present wished to address this matter and closed the public hearing. A discussion amongst the Council ensued. 03/17/2015 207 A MOTION WAS MADE by Council Member Weaver, seconded by Council Member McArthur, to: (1) adopt the Addendum to the Zoning Ordinance Mitigated Negative Declaration; (2) introduce for first reading by title only Ordinance No. 2521, an ordinance of the City Council of the City of Redding amending RMC Title 18, (Zoning), Chapter 18.46, (Nonconforming Uses, Structures, Sites, and Parcels) by amending Sections 18.46.010 through 18.46.040, repealing Section 18.46.050 and amending Sections 18.46.060, 18.46.070, 18.46.090, 18.46.110 and amending Chapter 18.61 (List of Terms and Definitions) to amend certain definitions all related to clean up and improvements to process associated with continuation of or expansion to or loss of nonconforming uses, structures, sites and parcels; and (3) authorize the City Clerk to publish a summary ordinance. The Vote: AYES: Council Members — Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — None ABSTAIN: Council Members — None ABSENT: Council Members — None City Attorney Duvemay read the full title of Ordinance No. 2521. 6.2. Appeal of Planning Commission's Denial to Amend Shasta Eve Medical Grou Inc.'s Administrative Use Permit (AUP-4-96) to allow pedestrian access through an existing fence located along School Street (3190 Churn Creek Road) [L-010-390] Development Services Director Nagel highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council conduct a Public Hearing and, upon conclusion, uphold the Planning Commission's denial and deny the appeal of Amendment to Administrative Use Permit (AUP-4-96) by the Shasta Eye Medical Group, Inc. (SEMG). The hour of 6:00 p.m. having arrived, Mayor Sullivan opened the public hearing to consider the appeal by SEMG of the Amendment to Administrative Use Permit (AUP-4-96). The Affidavit of Publication — Notice of Public Hearing is on file in the Office of the City Clerk. Attorney Randy Memeo, representing SEMG, noted that the gate in question has been open and utilized by employees for approximately 20 years and opined that it would be more detrimental to make the employees walk the one-half mile to the business along Churn Creek. On behalf of the employees of SEMG, Mr. Memeo submitted a petition with 35 signatures, incorporated herein by reference, requesting that the City Council grant the appeal by SEMG to revise the use permit allowing pedestrian access through the existing fence along School Street, denied by the Redding Planning Commission on February 10, 2015. Monti Huff opposed allowing SEMG employees to continue utilizing the broken gate access along School Street. Mayor Sullivan determined that no one else present wished to address this matter and closed the public hearing. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Weaver, seconded by Council Member Schreder, to uphold the Planning Commission's denial and deny the Shasta Eye Medical Associate, Inc.'s appeal of the Amendment to Administrative Use Permit (AUP-4-96). The Vote: AYES: Council Members — Cadd, Schreder, Weaver, and Sullivan NOES: Council Members — McArthur ABSTAIN: Council Members — None ABSENT: Council Members — None 03/17/2015 208 6.3. Public Hearing - Levying of 2015-16 Annual Assessment in Downtown Redding Business Improvement District [A -170-015-002/B-130-070] Deputy City Manager Clark provided an overview of the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council: (1) conduct a public hearing to determine what level of protest there may be, if any, to the levying of the proposed annual assessments in the Downtown Redding Business Improvement District (BID); and (2) adopt a resolution confirming the Annual Report as originally filed by the Downtown Redding Business Association (DRBA) and levying the annual assessment for Fiscal Year 2015-16 in the BID and waiving the requirement that the DRBA reimburse the City for its administrative costs to bill and collect the annual assessments. The hour of 6:00 p.m. having arrived, Mayor Sullivan opened the public hearing to consider the levying of the 2015-16 annual assessment in the Downtown Redding BID. The Affidavit of Publication — Notice of Public Hearing is on file in the Office of the City Clerk. Don Kirk questioned how the BID assessments and advisory board selection process operates. Attorney Walt McNeill, representing DRBA, provided a letter to the Council dated March 17, 2015, incorporated herein by reference, and opined that the City Council has not considered all of the legal constraints under Proposition 26 that now attach to assessments made under the 1989 Act Business Improvement District. Mayor Sullivan determined that no one else present wished to address this matter and closed the public hearing. Based upon the information received by Attorney Walt McNeill, the City Attorney recommended that the City Council act on this item and, if passed, direct City staff to retain the proceeds of the annual assessment until such time that the outstanding issues with the Downtown Redding Business Association are resolved. A discussion amongst the Council ensued. No protests were received by the City Clerk's office prior to or during the Public Hearing. A MOTION WAS MADE by Council Member Cadd not to reauthorize the levying of the annual assessment in the Downtown Business Improvement District. Motion failed due to lack of a second. A MOTION WAS MADE by Council Member Schreder, seconded by Council Member McArthur, to: (1) acknowledge that no protests to the levying of the proposed annual assessments in the Downtown Redding Business Improvement District (BID) were received; (2) adopt Resolution No. 2015-020, a resolution of the City Council of the City of Redding confirming the Annual Report as originally filed by the Downtown Redding Business Association (DRBA) and levying the annual assessment for Fiscal Year 2015-16 in the BID and waiving the requirement that the DRBA reimburse the City for its administrative costs to bill and collect the annual assessments; and (3) direct staff to retain the proceeds of the annual assessments until such time that the outstanding issues with the Downtown Redding Business Association are resolved. The Vote: AYES: Council Members — McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — Cadd ABSTAIN: Council Members — None ABSENT: Council Members — None Resolution No. 2015-020 is on file in the Office of the City Clerk. 03/17/2015 RIZ REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENT, BOARDS, COMMISSIONS AND COMMITTEES 9A. Appointment of Interim City Attorney of the City of Redding effective April 5 2015 [A-050-050] City Manager Starman summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council appoint W. Leonard Wingate as the Interim City Attorney of the City of Redding effective April 5, 2015. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to appoint W. Leonard Wingate as the Interim City Attorney of the City of Redding effective April 5, 2015. The Vote: Unanimous Ayes. 9.1(a). Resolution - 52nd Amendment to City Budget Resolution No. 2013-061 — To Staff a New Neighborhood Policing Unit [B -130-070/P-150] City Manager Starman summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council adopt a resolution approving the 52nd Amendment to City Budget Resolution No. 2013-061 authorizing four additional Police Officer positions for the Redding Police Department on a short-term basis to staff a new Neighborhood Policing Unit and appropriating $100,000 to cover the costs for the remainder of Fiscal Year 2014-15. Barbara Atkinson and Liz Benage provided handouts to the Council, incorporated herein by reference, encouraging the use of body cameras by Redding Police Department Officers. A discussion amongst the Council ensued. The City Council thanked the Redding Police Department and Chief Paoletti for all of their hard work and efforts within the community. A MOTION WAS MADE by Council Member Weaver, seconded by Council Member Cadd, to adopt Resolution No. 2015-021, a resolution of the City Council of the City of Redding approving and adopting the 52nd Amendment to City Budget Resolution No. 2013-061 authorizing four additional Police Officer positions for the Redding Police Department on a short-term basis to staff a new Neighborhood Policing Unit and appropriating $100,000 to cover the costs for the remainder of Fiscal Year 2014-15. The Vote: AYES: Council Members — Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — None ABSTAIN: Council Members — None ABSENT: Council Members — None Resolution No. 2015-021 is on file in the Office of the City Clerk. 9.2(b). Notice of Termination of Administration Agreement with Downtown Redding Business Association (DRBA) and Issuance of Request for Proposals (RFP) [A -170-015-002/B-130-070] City Attorney Duvernay recommended that, based on Attorney Walt McNeill's letter dated March 17, 2015, incorporated herein by reference, the City Council should continue this item to a future Council meeting to be discussed in Closed Session due to significant exposure to litigation. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Schreder, seconded by Council Member McArthur, at the recommendation of the City Attorney, to continue this item to a future Council Meeting Closed Session due to significant exposure to litigation. The Vote: Unanimous Ayes. 03/17/2015 210 9.6(a). Ordinance - Amending Redding Municipal Code to Include Restriction of the Use of Electronic Smoking Devices in City Parks and Redding Municipal Library Grounds [C -110 -100/P -050/L-050] Community Services Director Niemer highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council introduce for first reading by title only and waive the full reading of an Ordinance amending Redding Municipal Code (RMC) Title 10, (Public Peace, Morals, and Welfare), Chapter 10.20 (Public Parks — Prohibited Activities) by amending Section 10.20.080.A, (Smoking), and RMC Title 2, (Administration and Personnel), Chapter 2.42 (Redding Municipal Library), Section 2.42.120.A.10 (Library Regulations) related to prohibiting electronic smoking devices in City parks and upon the grounds of the Redding Municipal Library. The following spoke in opposition: Charles W. Alexander, Tiffney Ottobon, Kari Hess, and Jeff Hess. Shasta County Public Health Director Terri Fields -Hostler spoke in support. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Schreder, seconded by Council Member McArthur, to introduce for first reading by title only and waive the full reading of Ordinance No. 2522, an ordinance of the City Council of the City of Redding amending Redding Municipal Code (RMC) Title 10, (Public Peace, Morals, and Welfare), Chapter 10.20 (Public Parks — Prohibited Activities) by amending Section 10.20.080.A, (Smoking), and RMC Title 2, (Administration and Personnel), Chapter 2.42 (Redding Municipal Library), Section 2.42.120.A.10 (Library Regulations) related to prohibiting electronic smoking devices in City parks and upon the grounds of the Redding Municipal Library. The Vote: AYES: Council Members — Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — None ABSTAIN: Council Members — None ABSENT: Council Members — None City Attorney Duvernay read the full title of Ordinance No. 2522. 9.11(c).Ordinance - Replacing Drought Management Plan with Water Shortage Contingency Plan [C -110-100/W-030-075 ] Public Works Director Crane summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council introduce for first reading and waive the full reading of an ordinance amending Redding Municipal Code, Title 14 (Utilities), Chapter 14.09, (Drought Management Plan), by replacing the Drought Management Plan with a Water Shortage Contingency Plan,; authorize the City Clerk to publish a summary Ordinance; and, upon the effective date of the Ordinance, initiate Stage 2 of the Water Shortage Contingency Plan. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to: (1) introduce for first reading and waive the full reading of Ordinance No. 2523, an ordinance of the City Council of the City of Redding amending Redding Municipal Code, Title 14 (Utilities), by repealing Chapter 14.09, (Drought Management Plan) and reenacting Chapter 14.09 (City of Redding Water Shortage Contingency Plan) Sections 14.09.010 through 14.09.090 for the purpose of conservation of water and to conform the City's water management and conservation efforts with regulations adopted by the State of California; (2) authorize the City Clerk to publish a summary Ordinance; and (3) upon the effective date of the Ordinance, initiate Stage 2 of the Water Shortage Contingency Plan. The Vote: AYES: Council Members — Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members — None ABSTAIN: Council Members — None ABSENT: Council Members — None 03/17/2015 211 City Attorney Duvernay: (1) disclosed that the language on page three and page nine of the ordinance referring to "Jacuzzi" type pools will be replaced with "spa" instead; and (2) read the full title of Ordinance No. 2523. PUBLIC COMMENT [A-050-060] Charles W. Alexander shared photos of garbage left behind from transient camps located south of Redding and opined that his emails to the Redding Police Department's website have been blocked. TRAVEL REPORTS City Council Member attendance at conference/meetings reimbursed at City expense {requirement of Assembly Bill 1234) [W-030] Council Member McArthur attended the Northern California Water Association 23rd Annual Meeting in Chico, California, on March 6, 2015. POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [T-010] At Council Member McArthur's suggestion, the Council agreed to direct staff to prepare a staff report relative to a fiscal emergency public safety sales tax ballot measure for discussion at a future Council meeting. CLOSED SESSION At the hour of 9:08 p.m., Mayor Sullivan announced that the Council would adjourn to Closed Session. At the hour of 9:23 p.m., Mayor Sullivan reconvened the Regular Meeting to Open Session and reported that in reference to: 13A. Closed session pursuant to California Government Code Section 54956.9(d)(2): CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Claim by Kiewit Infrastructure West Company re the Cypress Bridge Replacement Project [L -100/S-070-050-050] The City Council took no reportable action on this item. 13B. Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property Location: 5685 Aviation Way, Assessor's Parcel No. 054-840-004 Agency Negotiator: Assistant City Manager Tippin Negotiating Parties: City of Redding and Shasta Enterprises Under Negotiation: Price and Terms [C-070-010] The City Council took no reportable action on this item. ADJOURNMENT There being no further business, Mayor Sullivan declared the meeting adjourned at the hour of 9:24 p.m. APPROVED: ranc a Sullivan, Mayor ATTEST: Pamela Mize, City CIA 03/17/2015