HomeMy WebLinkAboutMinutes - City Council - 2015-04-07213
Redding City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
April 7, 2015, 6:00 PM
The meeting was called to order by Mayor Francie Sullivan with the following Council
Members present: Gary Cadd, Kristen Schreder, and Brent Weaver. Council Member
Missy McArthur was absent.
Also present were: City Manager Kurt Starman, Interim City Attorney W. Leonard Wingate,
Public Works Director Brian Crane, Development Services Director Bill Nagel, Deputy City
Manager Greg Clark, City Clerk Pamela Mize, and Assistant City Clerk Teresa Rudolph. The
City Manager introduced Department Directors that were in attendance: City Treasurer
Allyn Clark, Personnel Director Sheri DeMaagd, Support Services Director Rod Dinger, 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 Jean King.
The Invocation was provided by Lynda Manoli, Redding Police Department Chaplain.
PRESENTATIONS
2A. Mayor's Proclamation presented to Rachelle Modena, Executive Director for the
Child Abuse Prevention Coordinating Council of Shasta County, proclaiming
April 2015 as Child Abuse Prevention Awareness Month in the City of Redding.
[A-050-060-600]
The City Council took no action on this informational item.
2B. Mayor's Proclamation presented to Steve Hosler, Dignity Health Vice President of
Human Resources, declaring April 7, 2015, as National Service Recognition Day in
the City of Redding honoring the 50th Anniversary of the Dignity Health Foster
Grandparent Program.
[A-050-060-600]
The City Council took no action on this informational item.
2C. Mayor's Proclamation presented to Jean King, Executive Director of One SAFE
Place, proclaiming April 2015 as Sexual Assault Awareness Month in the City of
Redding.
[A-050-060-600]
The City Council took no action on this informational item.
2D. Resolution honoring Rick Duvernay for distinguished service as the Redding City
Attorney.
[A -050-050/A-050-060-600]
A MOTION WAS MADE by Council Member Weaver, seconded by Council
Member Sullivan, to adopt Resolution No. 2015-022, a resolution of the City Council
of the City of Redding commending Rick Duvernay for outstanding dedicated service
to the City of Redding as the Redding City Attorney from January 2005 to
April 2015.
The Vote:
AYES: Council Members — Cadd, Schreder, Weaver, & Sullivan
NOES: Council Members — None
ABSTAIN: Council Members — None
ABSENT: Council Members — McArthur
Resolution Nos. 2015-022 is on file in the Office of the City Clerk.
04/07/2015
214
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 January 20, 2015; Regular Meeting of
March 17, 2015; and Special Meeting of March 30, 2015.
[A-050-060]
4(b). Approval of Payroll and Accounts Payable Register
[A-050-100-500]
Approve: (1) Accounts Payable Register No. 18, for the period of March 16, 2015,
through March 31, 2015, for a total of $14,256,105.89, for check numbers 103128
through 103526, inclusive, ACH Transfer numbers 11756 through 11794 inclusive,
and Wire Transfer numbers 5517 through 5542, inclusive; and (2) Payroll Register
No. 19, for the period of March 1, 2015, through March 14, 2015, in the amount of
$2,589,624.52, for electronic deposit transaction numbers 388147 through 388995,
inclusive, and check numbers 600535 through 600567, inclusive; SUMMARY
TOTAL: $16,845,730.41.
4(c). Accept the Treasurer's Report for the month of February 2015.
[A-050-100-600]
4(d). Accept the Proof of Cash reconciliation and ACR133 report for February 2015.
[F-205-095-650]
4(e). Adopt Ordinance No. 2521, an ordinance of the City Council of the City of Redding
amending Redding Municipal Code 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.
[C -110-100/L-010-230]
4(f). Adopt 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
10.20.080A, (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.
[C -110 -100/P -050/L-050]
Charles Alexander spoke in opposition to the adoption of the ordinance.
4(g). Adopt 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.
[C -110-100/W-030-075]
4.1(a). Accept Project Status Report for March 2015.
[A-050-080]
4.3(a). Authorize the following actions relative to the Federal Aviation Administration
(FAA) Grant applications for improvements at the Redding Municipal Airport related
to providing for modifications to the diesel exhaust system at Fire Station No. 7,
located at the Redding Municipal Airport, to accommodate the new Aircraft Rescue
and Fire Fighting (ARFF) Vehicle: (1) adopt Resolution No. 2015-023, a resolution
of the City Council of the City of Redding authorizing the filing of a federal grant
application for Entitlement Airport Improvement Program grant monies to
accomplish capital projects at Redding Municipal Airport and authorizing the City
Manager, or his designee, to execute the application and all subsequent
04/07/2015
215
documentation to obtain FAA grant monies and matching funds; and (2) adopt
Resolution No. 2015-024, a resolution of the City Council of the City of Redding
approving and adopting the 54th Amendment to City Budget Resolution No. 2013-
061 appropriating $25,000 to the Airports Fund for the ARFF building modifications
for Fiscal Year 2014-15.
[B -130 -070/G -100-170-200/A-090-100]
4.3(b). Approve the 2nd Amendment to Lease with United Way of Northern California
(C-2460) to retroactively extend the term for an additional 25 years to
November 30, 2039, at the Diestelhorst Landing Nonprofit Office Park.
[C-070-100]
4.3(c). Approve the Consent to Assignment of Lease (C-2964) transferring all rights, title
and interest in a hangar located at the Redding Municipal Airport from MD
Barnmaster to the Paskenta Band of Nomlaki Indians; and authorize the Mayor to
execute the Agreement.
[C -070-100/A-090-100]
4.5(a). Accept Bid Schedule No. 4701, Window Coverings for the Redding Electric Utility
Headquarters Building at 3611 Avtech Parkway, awarded to Blaser Building
Specialties, Inc., as satisfactorily complete, with a final cost of $17,548.
[B -050-020/C-050-2 10]
4.5(b). Approve an increase in the purchase authority, thereby extending to contract
extensions as well, for Bid Schedule No. 4646, Single -Phase, Pole -Type Distribution
Transformers, awarded to One Source Distributors, subject to the availability of
budgeted funds.
[B-050-100]
4.5(c). Approve the purchase of two replacement vehicles with aerial devices from the
National Joint Purchasing Alliance (NJPA) for an estimated not -to -exceed amount of
$282,000 (including tax, license fees, and shipping); the equipment, with identified
options, is to be furnished in accordance with NJPA's Contract No. 31014 with Altec
Industries, Inc. (quotation number 273310).
[B -050-100/E-120]
4.6(a). Authorize the following: (1) adopt Resolution No. 2015-025, a resolution of the City
Council of the City of Redding declaring Friday, April 24, 2015, as Community Tree
Planting Day, otherwise known as Arbor Day, and April 24, 2015, through
May 1, 2015, as Arbor Week in the City of Redding; and (2) recognize the Redding
Electric Utility for receiving the Tree Line U.S.A. Utility Award for the 21"
consecutive year and the City of Redding Community Services Department, Parks
Division, for receiving the Tree City U.S.A. Award for the 34th consecutive year.
[A -050-060-600/A-050-220-075]
4.6(b). Adopt Resolution No. 2015-026, a resolution of the City Council of the City of
Redding declaring April 12-18, 2015, as National Library Week in the City of
Redding.
[A -050 -060 -600/A -050-110/L-050]
4.6(c). Authorize the following: (1) accept the California Natural Resources Agency
(CNRA) Environmental Enhancement and Mitigation Program grant in the amount of
$376,940 for the Henderson and Parkview Open Space Improvements (C-6424); and
(2) adopt Resolution No. 2015-027, a resolution of the City Council of the City of
Redding approving and adopting the 55th Amendment to City Budget Resolution No.
2013-061 appropriating $376,940 for a CNRA grant for the Henderson and Parkview
open space improvements for Fiscal Year 2014-15.
[B -130 -070/G -100-170/P-050-460-700]
4.11(a).Approve list of qualified on-call consultants to provide engineering and architectural -
related services, which is consistent with Council Policy No. 1501, Selection of
Technical Consultants.
[A-050-300]
04/07/2015
216
4.1l(b).Authorize the following related to Bid Schedule No. 3987, Cypress Bridge
Replacement Project: (1) approve the Ninth Amendment to the Consultant Services
Agreement (C-4672) with PB Americas, Inc., to increase the budget by $80,000;
(2) authorize the Mayor to execute the same; and (3) authorize the City Manager to
approve additional contract amendments up to $100,000 for arbitration hearing
support and closeout construction management services, bringing the agreement total
to $6,330,000.
[B -050-100/S-070-050-050]
4.11(d).Approve First Amendment to Lease Agreement (C-5257) with Glenn Hawes for
grazing activities at the Stillwater Business Park, which extends the original five-year
lease period by one year to January 31, 2016, as allowed by the Lease Agreement;
and authorize the Mayor to sign the Amendment.
[C -070-100/E-050-500]
4.11(e).Authorize the following regarding the formation of Hidden Hills, Units 1-3, into
Landscape Maintenance District 01-15 pursuant to the Landscape and Lighting Act
of 1972: (1) adopt Resolution No. 2015-028, a resolution of the City Council of the
City of Redding: (a) confirming the map of the assessment district contained in the
Engineer's Report and approving the Engineer's Report as filed with the City Clerk;
(b) approving the mailing of notices and ballots; and (c) setting the public hearing and
election for June 2, 2015, at 6:00 p.m., in the City Council Chambers located at 777
Cypress Avenue, Redding ,CA 96001.
[A-170-075-099]
4.12(a).Adopt Resolution No. 2015-029, a resolution of the City Council of the City of
Redding approving and adopting the 51 st Amendment to City Budget Resolution No.
2013-061 appropriating $47,000 for the purchase of equipment for the Records
Management Division (microfilm reader/printer - $15,000) and Reprographics
Division (folder/inserter - $32,000), for Fiscal Year 2014-15.
[B -130 -070/A -050-055/A-050-055-750]
A MOTION WAS MADE by Council Member Schreder, 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, Schreder, Weaver, and Sullivan
NOES: Council Members — None
ABSTAIN: Council Members — None
ABSENT: Council Members — McArthur
Ordinance Nos. 2521 through 2523 are on file in the Office of the City Clerk.
Resolution Nos. 2015-023 through 2015-029 are on file in the Office of the City
Clerk.
APPOINTMENTS
7.1. Appointment to the Planning Commission
[B-080-300]
As summarized in the Report to Redding City Council (staff report), incorporated
herein by reference, Mayor Sullivan recommended that the City Council appoint Bert
Meyer to the Planning Commission to fill an unscheduled vacancy, with a term
ending May 1, 2016.
A MOTION WAS MADE by Council Member Weaver, seconded by Council
Member Schreder, to appoint Bert Meyer to the Planning Commission to fill an
unscheduled vacancy with a term ending May 1, 2016. The Vote: Unanimous Ayes
04/07/2015
217
REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENT,
BOARDS, COMMISSIONS AND COMMITTEES
9A. Informational Report Regarding the Feasibility of Declaring An "Emergency" in
Order to Place a Local Transactions and Use Tax Measure on the Ballot urior to
November 8, 2016
[T-Ol OB -130-070]
City Manager Starman provided an overview of the Report to Redding City Council
(staff report), incorporated herein by reference, and recommended that the City
Council: (1) accept the informational report regarding the feasibility of declaring an
"emergency" in order to place a local transactions and use tax measure on the ballot
prior to November 8, 2016; (2) discuss other aspects of a resolution from the Greater
Redding Chamber of Commerce as warranted; and (3) provide additional direction to
staff as necessary.
Terry Rapoza recommended that, if the matter is placed on a ballot for consideration,
the wording be such to ensure that the tax collected would be utilized for the purpose
intended.
Patrick Jones opined that the City of Redding does not have a revenue problem, but a
spending problem, and requested that the City find monies within its existing budget.
A discussion amongst the City Council ensued.
A motion made by Council Member Cadd to accept the informational report and
schedule a public workshop to discuss the topic died due to lack of a second.
A MOTION WAS MADE by Council Member Schreder, seconded by Council
Member Weaver, to accept the information report regarding the feasibility of
declaring an "emergency" in order to place a local transactions and use tax measure
on the ballot prior to November 8, 2016, and, at some future point, provide further
direction to City staff.
AYES: Council Members — Cadd, Schreder, Weaver, and Sullivan
NOES: Council Members — None
ABSTAIN: Council Members — None
ABSENT: Council Members — McArthur
9B. Potential Modifications to Reddini Municipal Code Section 18.43. 100 (Medical
Marijuana Cultivation At Private Residences)
[C -110-100/M-020]
City Manager Starman summarized the Report to Redding City Council (staff report),
incorporated herein by reference, and recommended that the City Council discuss
Mayor Sullivan's suggestions regarding potential modifications to Redding Municipal
Code Section 18.43. 100 (Medical Marijuana Cultivation at Private Residences).
Red Smith suggested the City seek input from all interested parties before amending
its code concerning marijuana cultivation at private residences.
A discussion amongst the City Council ensured.
A motion was made by Council Member Cadd, seconded by Council Member
Weaver, to prohibit all outdoor marijuana grows in the City of Redding; however,
following further discussion, the motion was withdrawn by both Council Members.
A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Weaver, to direct staff to return in two weeks with an ordinance for the City
Council's consideration amending Redding Municipal Code Section 18.43.100
(Medical Marijuana Cultivation At Private Residences) limiting the number of
marijuana plants which could be cultivated to six plants per residence and prohibiting
the cultivation of medical marijuana within 1,000 feet of a library, school, park, or
youth -oriented establishment.
The Vote:
AYES: Council Members — Cadd, Schreder, Weaver, and Sullivan
NOES: Council Members — None
ABSTAIN: Council Members — None
ABSENT: Council Members — McArthur
04/07/2015
218
A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Weaver, to direct staff to research whether the proposed amendments of limiting the
number of marijuana plants which could be cultivated to six plants per residence and
prohibiting the cultivation of medical marijuana within 1,000 feet of a library, school,
park, or youth -oriented establishment would qualify as an urgency ordinance, and, if
so, the findings, if any, which would be required to be made prior to adoption.
The Vote:
AYES: Council Members — Cadd, Schreder, Weaver, and Sullivan
NOES: Council Members — None
ABSTAIN: Council Members — None
ABSENT: Council Members — McArthur
9.2(a). Resolution of Intention to Disestablish the Downtown Redding Business
Improvement District (DRBID)
[A-170-015-002]
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 adopt a resolution of intention to disestablish the DRBID and set a
public hearing for May 5, 2015, at 6:00 p.m.
Dave Gerard, Vice President of the Downtown Redding Business Association
(DRBA), related that the DRBA has been in existence for 18 years and has done
considerable good for the downtown during this time. He indicated that the City
Council previously gave 180 days to terminate the administrative agreement with the
DRBA based on what is believed to be three complaints. He encouraged all interested
parties to discuss the matter in a reasonable fashion.
Terry Rapoza stated that Proposition 26 is complicated and the general public is
trying to determine where the City Council is going with regard to public safety.
Dan Kim, representing the law offices of Walt McNeill and the DRBA, stated that the
last time the City Council considered the DRBA was in closed session under the topic
of litigation. He questioned how the City Council had made the decision to
disestablish the DRBID outside the public's view, and raised the issue of a potential
Brown Act violation.
Vint Stevenson, President of the DRBA, stated that the DRBA, on March 2, 2015,
spent two hours meeting with Deputy City Manager Clark, Housing Manager/DRBA
Liaison Steve Bade, and Council Member Schreder, answering various questions.
Following this meeting, the DRBA provided the City, as well as Council Member
Schreder, with 34 pages of information. He related that on March 30, 2015, the City
Council met in closed session concerning the DRBA, after which it was announced
that no reportable action was taken, and also questioned whether the Brown Act had
been violated.
Dale Woods opined that the root of the problem revolves around the DRBA not
conducting elections.
City Manager Starman clarified that the matter being considered at this meeting
concerns the Downtown Redding Business Improvement District, not the Downtown
Redding Business Association. He stressed that, based on concerns raised relative to
Proposition 26, staff determined that it is in the City's best interest to disestablish the
DRBID. If the businesses are interested in reestablishing a district, it would need to
be recreated under 1984 legislation.
A discussion amongst the City Council ensued.
04/07/2015
219
A MOTION WAS MADE by Council Member Sullivan, seconded by Council
Member Weaver, to adopt Resolution No. 2015-030, a resolution of the City Council
of the City of Redding declaring its intention to disestablish the Downtown Redding
Business Improvement District (BID) and fixing the time and place of a public
meeting and hearing thereon and giving notice thereof for May 5, 2015, at 6:00 p.m.,
in the City Council Chambers located at 777 Cypress Avenue, Redding, California.
The Vote:
AYES:
Council Members
— Schreder, Weaver, and Sullivan
NOES:
Council Members
— Cadd
ABSTAIN:
Council Members
— None
ABSENT:
Council Members
— McArthur
Resolution No.
2015-030 is on file in the Office of the City Clerk.
9.9(a). Ordinance - Prohibiting Sitting on Commercial Sidewalks at Certain Times
[C -110-100/P-150-150]
Police Chief Paoletti highlighted the Report to Redding City Council (staff report),
incorporated herein by reference, and recommended that the City Council offer an
ordinance amending Redding Municipal Code Title 13 (Streets and Sidewalks)
Chapter 13.24 (Obstruction of Streets and Sidewalks) by adding Section 13.24.060
(Prohibiting Sitting on Commercial Sidewalks at Certain Times) for first reading and
waive the full reading.
Michael Roberts noted part of the problem is litter. He viewed the proposed ordinance
as the first step in cleaning up the City.
Rob McDonald opined that the homeless issue started with the recession in 2008 and
economic activity is needed to address the situation.
Justin Babb viewed the proposed ordinance as creating more problems than it will
resolve.
A discussion amongst the City Council ensued.
A MOTION WAS MADE by Council Member Weaver, seconded by Council
Member Cadd, to introduce for first reading and waived the full reading of Ordinance
No. 2524, an ordinance of the City Council of the City of Redding amending Redding
Municipal Code Title 13 (Streets and Sidewalks) Chapter 13.24 (Obstruction of
Streets and Sidewalks) by adding Section 13.24.060 (Prohibiting Sitting on
Commercial Sidewalks at Certain Times).
The Vote:
AYES:
Council Members
— Cadd, Schreder, and Weaver
NOES:
Council Members
— Sullivan
ABSTAIN:
Council Members
— None
ABSENT:
Council Members
— McArthur
Interim City Attorney Wingate read the full title of Ordinance No. 2524.
PUBLIC COMMENT
[A-050-060]
Rob McDonald opined that there are many plants which are considered toxic and questioned
whether they will also be banned from being in close proximity to schools.
[T -010/P-150]
Terry Rapoza favored additional police and fire personnel, but did not support an additional
tax.
TRAVEL REPORTS
City Council Member attendance at conference/meetings reimbursed at City expense
{requirement of Assembly Bill 1234)
[E-120-400]
Mayor Sullivan attended the Northern California Power Agency meeting in Roseville,
California, on March 26, 2015.
04/07/2015
220
CLOSED SESSION
At the hour of 8:30 p.m., Mayor Sullivan announced that the Council would adjourn to
Closed Session.
At the hour of 8:55 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 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property Location: 3680 Meadow View Drive
Assessor Parcel Number: 056-610-017
Agency Negotiator: Support Services Director Dinger
Negotiating parties: City of Redding and Cow Creek Enterprises, Inc.
Under negotiation: Price and Terms
[C-070-200]
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 Located in the Redding Municipal Airport Business Park
Assessor Parcel Number: 054-640-013
Agency Negotiator: Support Services Director Dinger
Negotiating parties: City of Redding and Redding Imperial, LLC
Under negotiation: Price and Terms
[C-070-200]
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 8:56 p.m.
APPROVED:
Q
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Fan ' Sullivan, Mayor
ATTEST:
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Pamela ize, City CPe-
04/07/2015
1