HomeMy WebLinkAboutMinutes - City Council - 2015-06-02242
Redding City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
June 2, 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 Barry E. DeWalt, 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: Personnel Director
Sheri DeMaagd, Support Services Director Rod Dinger, Fire Chief Kevin Kreitman,
Finance Director Dennice Maxwell, and Community Services Director Kim Niemer.
The Pledge of Allegiance to the Flag was led by Murray Blake.
The Invocation was provided by Jen McCloskey, Redding Police Department Chaplain.
PRESENTATIONS
2A. Mayor's Proclamation presented to Murray Blake, Planning and Service Area 2 Area
Agency on Aging Commissioner, proclaiming June 2015, as Elder Abuse Awareness
Month and June 15, 2015, as Elder Abuse Awareness Day in the City of Redding.
[A-050-060-600]
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 May 5, 2015; and Regular Meeting of
May 19, 2015.
[A-050-060]
4(b). Approval of Payroll and Accounts Payable Register
[A-050-100-500]
Approve: (1) Accounts Payable Register No. 22 for the period of May 15, 2015,
through May 28, 2015, for a total of $9,285,022.16, for check numbers 104829
through 105249, inclusive, ACH Transfer numbers 11909 through 11938 inclusive,
and Wire Transfer numbers 5640 through 5655, inclusive; and (2) Payroll Register
No. 24, for the period of May 10, 2015, through May 23, 2015, in the amount of
$2,840,101.41, for electronic deposit transaction numbers 392453 through 393372,
inclusive, and check numbers 600765 through 600838, inclusive; SUMMARY
TOTAL: $12,125,123.57.
4(c). Accept the Treasurer's Report for the month of April 2015.
[A-050-100-600]
4(d). Accept the Proof of Cash reconciliation and ACR133 report for April 2015.
[F-205-095-650]
4.1(a). Accept Project Status Report for May 2015.
[A-050-080]
06/02/2015
243
4.1(b). MOVED TO REGULAR CALENDAR ITEM 9.1(b) AT COUNCIL MEMBER
CADWS REQUEST
4.1(c). Approve the First Amendment to Agreement (C-5868) Regarding Number and
Composition of the Shasta County Air Pollution Control Board (Board) between the
County of Shasta, the City of Redding, and the City of Anderson, to modify the
composition of the five -member Board to provide for three members from the Shasta
County Board of Supervisors and two members from the Redding City Council,
subject to approval by the Shasta County Mayors' City Selection Committee.
[B-080-460]
4.1(d). Approve Grant Agreement with the County of Shasta providing funding in the
amount of $50,000 to assist with the preparation of a Blueprint for Public Safety; and
authorize the City Manager to execute same.
[P-150]
On behalf of the entire City Council, Council Member Weaver thanked the County of
Shasta for its partnership.
4.2(a). Approve a Consulting and Professional Services Agreement (C-2028) with the
Economic Development Corporation of Shasta County in the amount of $76,000 for
Fiscal Year 2015-16; and authorize the Mayor to execute the agreement.
[B -130-030-045/E-050]
4.3(a). Approve license agreements (C-3100) with the Experimental Aircraft Association and
North West Air, LLC., dba Hillside Aviation, to hold Aviation Day 2015 at Benton
Airpark on June 21, 2015; and authorize the Mayor to execute said agreements.
[A -070-080/A-090-020]
4.3(b). Approve the Real Estate Purchase and Sale Agreement with Redding Imperial, LLC
for Lot 12 in the Redding Airport Business Park in the amount of $150,000; authorize
the Mayor to execute the Agreement; and authorize the City Manager to execute
future amendments required to complete the sale.
[C -070-200/A-090-100]
4.3(c). Authorize the termination of Lease Agreement (C-6006) with Cutting Edge
Helicopters, LLC at Redding Municipal Airport; and authorize the City Manager, or
designee, to execute a termination agreement.
[C -070-100/A-090-100]
In response to Vice Mayor McArthur, Development Services Director Dinger noted
that on future lease agreements, language to require a performance bond will be
included.
4.4(a). Authorize staff to seek input from interested parties and return to the City Council at
a future meeting for consideration of adoption of an ordinance regulating the use of
shopping carts within the City of Redding.
[A -050-060/C-110-100]
4.5(a). Approve Amendment 2 to Contract No. 04 -SNR -00680 with Western Area Power
Administration for the continuation of Scheduling Coordinator services; and
authorize the Mayor to sign the same.
[E-120-900]
4.6(a). Authorize continuance of the Recreation Division Technology Surcharge; and adopt
Resolution No. 2015-040, a resolution of the City Council of the City of Redding
approving and adopting the 64th Amendment to City Budget Resolution No. 2013-
061 appropriating $18,000 in available Fiscal Year 2014-15 fee revenues for
technological enhancements to modernize Recreation Division processes, equipment
and services.
[B -130 -070/F -205-600/A-050-220]
06/02/2015
244
4.6(c). Accept a grant from The McConnell Fund of the Shasta Regional Community
Foundation in the amount of $25,610 to make improvements at the Enterprise Park
Roller Rink Rejuvenation; and adopt Resolution No. 2015-041, a resolution of the
City Council of the City of Redding approving and adopting the 65th Amendment to
City Budget Resolution No. 2013-061 appropriating $25,610 in Fiscal Year 2014-15.
[B -130-070/P-050-145]
4.8(a). Authorize placement of a California Office of Emergency Services Type III wildland
fire engine with the Redding Fire Department.
[P -150-070/S-050]
4.9(a). Accept 2014 Homeland Security Grant Program funds in the amount of $50,000 from
the California Office of Emergency Services through the County of Shasta for the
purchase of dual band handheld radios.
[G -100-170/P-150-150]
4.11(a).Adopt Resolution No. 2015-042, a resolution of the City Council of the City of
Redding approving the Engineer's Report for Fiscal Year 2015-16 as filed with the
City Clerk to: (1) set the public hearing for 6:00 p.m., July 21, 2015, in the City
Council Chambers, 777 Cypress Avenue, Redding, California, regarding Sanitary
Sewer Maintenance District 01-07 Hope Lane Subdivision (S-12-03); and (2) declare
its intention to levy and collect assessments for Fiscal Year 2015-16 pursuant to the
Improvement Act of 1911.
[A-170-080-001 /5-101-062]
4.11(b).Authorize the following relative to Landscape Maintenance Districts (LMD):
(1) adopt Resolution No. 2015-043, a resolution of the City Council of the City of
Redding approving the Combined Engineer's Reports for Fiscal Year 2015-16 as
filed with the City Clerk and: (a) set the public hearing for 6:00 p.m., July 21, 2015,
in the City Council Chambers, 777 Cypress Avenue, Redding, California, regarding
LMDs A, B, and C; (b) declare its intention to levy and collect assessments for Fiscal
Year 2015-16 pursuant to the Landscaping and Lighting Act of 1972, commencing
with Section 22500 of the Streets and Highways Code of the State of California; and
(2) adopt Resolution No. 2015-044, a resolution of the City Council of the City of
Redding approving the Combined Engineer's Reports for Fiscal Year 2015-16 as
filed with the City Clerk and: (a) set the public hearing for 6:00 p.m., July 21, 2015,
in the City Council Chambers, 777 Cypress Avenue, Redding, California, regarding
LMDs D, E, F, G, H, HI, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, 01-06,02-06,03-
06,
1-06,02-06,03-
06, 04-06, 05-06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, 02-07, 02-09, 03-09, 01-
11, 02-11, 03-11, 01-13, and 02-14; and (b) declare its intention to levy and collect
assessments for Fiscal Year 2015-16 pursuant to the Landscaping and Lighting Act
of 1972, commencing with Section 22500 of the Streets and Highways Code of the
State of California.
[A-170-075-050, -051, -052, -053, -054, -055, -056, -057, -059, -060, -061, -062,
-063, -064, -065, -066, -067, -068, -069, -070, -071, -072, -073, -074, -075, -076,
-077, -078, -079, -080, -081, -083, -084, -085, -088, -089, -090, -091, -092, -095, and
-097]
4.11(c).Adopt Resolution No. 2015-045, a resolution of the City Council of the City of
Redding approving and adopting the 63rd Amendment to City Budget Resolution No.
2013-61 appropriating $355,000 for Fiscal Year 2014-15 for legal expenses
associated with the Cypress Bridge Project.
[B-130-070/ S-070-050-050]
4.11(d).Authorize the following action relative to Bid Schedule No. 4717 (Job No. 2415),
Old Alturas Road Widening Project: (1) award bid to J.F. Shea Construction Inc. in
the amount of $1,194,928 to widen the roadway for both vehicular and pedestrian
safety, as well as adding curb, gutter, and sidewalk along the southern side of Old
Alturas Road to complete the gaps between Edgewood and Shasta View Drives;
(2) approve an additional $200,000 to cover the cost of administration and inspection
fees; (3) approve $120,000 to provide construction contingency funding; and
(4) authorize the City Manager to approve additional increases in either the
construction management or construction contingency amounts up to a total of
$15,000, for a total of $1,529,928.
[B-050-020/5-070]
06/02/2015
245
4.11(e).Accept Bid Schedule No. 4680 (Job No. 2380), South Street Sewer Project, awarded
to SnL Group, Inc., as satisfactorily complete, with a final cost of $1,121,850.31.
[B -050-020/W-020-575]
4.11(f).Authorize the following action relative to Bid Schedule No. 4694, Buenaventura
Boulevard Safety Project: (1) award the project to RTA Construction Inc. in the
amount of $876,668.80 to provide curb, gutter, sidewalk, and street lights on the east
side of Buenaventura Boulevard from the existing improvements at the intersection of
Lakeside Drive to Placer Road; (2) approve an additional $130,000 to cover the cost
of contract administration and inspection fees; (3) approve $90,000 to provide
construction contingency funding; and (4) authorize the City Manager to approve
additional increases in either the construction management or construction
contingency amounts up to a total of $15,000, for a total of $1,111,668.80.
[B-050-020]
Council Member Cadd abstained from voting due to family relationship with RTA
Construction Inc.
The Vote:
AYES:
Council Members — McArthur, Schreder, Weaver, and Sullivan
NOES:
Council Members — None
ABSTAIN:
Council Members — Cadd
ABSENT:
Council Members — None
4.11(g).Authorize a construction contingency increase in the amount of $26,724, bringing the
total contingency to $52,224, for Bid Schedule No. 4664, Benton Airpark Aircraft
Wash Rack Improvements awarded to RTA Construction; and adopt Resolution No.
2015-046, a resolution of the City Council of the City of Redding approving and
adopting the 62nd Amendment to the City Budget Resolution No. 2013-061
appropriating $26,720 for Fiscal Year 2014-15.
[B -050 -020/B -130-070/A-090-020]
Council Member Cadd abstained from voting due to family relationship with RTA
Construction Inc.
The Vote:
AYES:
Council Members
— McArthur, Schreder, Weaver, and Sullivan
NOES:
Council Members
— None
ABSTAIN:
Council Members —
Cadd
ABSENT:
Council Members —
None
4.11(h).Authorize the Mayor to execute a subdivision agreement with Shastina Ranch
Partners and approve the final map for Shastina Ranch Unit 1 (S-7-03/PD-5-04),
thereby instructing the City Clerk to file the map with the Shasta County Recorder.
[S -101-057/L-010-211-012]
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 with the
exception of the item(s) voted on separately above.
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. 2015-040 through 2015-046 are on file in the Office of the City
Clerk.
06/02/2015
Im•
PUBLIC HEARINGS, PETITIONS, AND PROTESTS
6.1. Public Hearing — Proposed Formation of Landscape Maintenance District (LMD)
01-15 (Hidden Hills, Units 1-3); and
Resolution — Confirming Maps and Levying Assessments for Fiscal Year 2015-16
[A-170-075-099]
Public Works Director Crane 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, if a majority of ballots are in favor,
adopt a resolution: (1) confirming the results of the election of the Assessment
District; (2) confirming the assessments contained in the Engineer's Report for
Landscape Maintenance District (LMD) 01-15 (Hidden Hills, Units 1-3); (3) ordering
the formation of territory into said District for Fiscal Year 2015-16; and (4) approving
the Annual Assessments for Fiscal Year 2015-16 pursuant to the Landscaping and
Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways
Code and the levy and collection of the same for Fiscal Year 2015-16.
The hour of 6:00 p.m. having arrived, Mayor Sullivan opened the public hearing to
consider the formation of LMD 01-15 (Hidden Hills, Units 1-3).
The Affidavit of Publication — Notice of Public Hearing is on file in the Office of the
City Clerk.
Mayor Sullivan relayed the voting regulations and provided the opportunity for
comments and submission of final ballots by affected property owners.
Mayor Sullivan determined that no one present wished to address this matter, closed
the public hearing, and instructed the City Clerk to tabulate the ballots.
Following tabulation, City Clerk Mize announced the ballot results as follows: of 104
mailed ballots, 61 were received, of which 29 opposed formation and 32 favored
formation; accordingly, a majority of the property owners did favor formation of
LMD 01-15 and it may proceed.
A MOTION WAS MADE by Council Member Weaver, seconded by Council
Member Cadd, to adopt Resolution No. 2015-047, a resolution of the City Council of
the City of Redding: (1) confirming the results of the election of the Assessment
District; (2) confirming the assessments contained in the Engineer's Report for
Landscape Maintenance District (LMD) 01-15 (Hidden Hills, Units 1-3); (3) ordering
the formation of territory into said District for Fiscal Year 2015-16; and (4) approving
the Annual Assessments for Fiscal Year 2015-16 pursuant to the Landscaping and
Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways
Code and the levy and collection of the same for Fiscal Year 2015-16.
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. 2015-047 is on file in the Office of the City Clerk.
REGULAR CALENDAR: REPORTS AND COMMUNICATIONS OF DEPARTMENTS,
BOARDS, COMMISSIONS AND COMMITTEES
9A. Status of Coordination with the California Air Resources Board (CARB)
[E -020-010/L-040-3 00]
Council Member Cadd provided an overview of the Report to Redding City Council
(staff report), incorporated herein by reference, and noted that he is the Council
assigned liaison to the Shasta County Coordination Committee (SCCC is a private
group not associated with the County of Shasta). As background information, he
recalled that the City Council adopted a resolution in November 2013 to invoke the
legal process of "Coordination" under the National Environmental Policy Act with
the State of California, in particular CARB, relative to its regulation to reduce
emissions of diesel particulate matter, oxides of nitrogen, and other criteria pollutants
from in -use heavy-duty diesel -fueled vehicles, that was to become effective on
January 31, 2014.
06/02/2015
247
Attorney Fred Kelley Grant and SCCC Chair Dick Wright thanked the City Council
and the City of Redding for their support and for taking the lead on the Coordination
efforts with CARB.
In response to Council Member McArthur, Mr. Grant explained that he hopes that
litigation will not be necessary against CARB, however, SCCC has always
understood that the City of Redding would not be a participant in any litigation, and
noted that there are several other municipalities that will be parties to the litigation if
and when that occurs.
Tammy Boone and Bob Reitenbach spoke in support of continuing Coordination
efforts with CARB.
A discussion amongst the Council ensued.
The City Council took no action on this informational item.
9B. Informational Report regarding the Redding Area Homelessness Coalition Project
[A -050-250-074/A-050-060]
Council Member Schreder summarized the Report to Redding City Council (staff
report), incorporated herein by reference, and relayed information regarding a new
community initiative called The Redding Area Homelessness Coalition Project. She
noted that this is a community-based project, not a City of Redding initiative, with the
purpose being to seek effective solutions to homelessness by increasing
communication and fostering collaboration among community organizations.
A discussion amongst the Council ensued.
The City Council took no action on this informational item.
9.1(b). MOVED FROM CONSENT CALENDAR AT COUNCIL MEMBER CADD'S
REQUEST
Request for Investigation of Potential Brown Act Violation to the Shasta County
District Attorney
[A-050-060]
The Report to Redding City Council (staff report), incorporated herein by reference,
recommended that the City Council authorize the Mayor to send a letter to the Shasta
County District Attorney requesting an investigation of a potential Brown Act
violation associated with a closed -session meeting on March 30, 2015.
While the item was still on the consent calendar, Tim Pappas opined that the request
to the Shasta County District Attorney should be expanded to include the entire past
year.
Following Mr. Pappas's remarks, Council Member Cadd requested the item be
moved to the Regular Calendar for additional discussion.
Mayor Sullivan introduced the item during the Regular Calendar.
A MOTION WAS MADE by Council Member Cadd to change the last sentence of
the proposed letter to the Shasta County District Attorney requesting an investigation
of a potential Brown Act violation associated with the closed -session meeting on
March 30, 2015, to include all closed -session meetings over the last year.
A discussion amongst the Council ensued.
Motion failed due to lack of a second.
Council Member Cadd stated that he violated the Brown act regarding the
November 18, 2014, closed -session meeting, and will send a personal request to the
Shasta County District Attorney requesting a separate investigation.
A MOTION WAS MADE by Council Member McArthur, seconded by Council
Member Weaver, to authorize the Mayor to send a letter to the Shasta County District
Attorney requesting an investigation of a potential Brown Act violation associated
with the closed -session meeting on March 30, 2015. The Vote: Unanimous Ayes.
06/02/2015
248
9.14(a),Interim Urgency Ordinance Re: Medical Marijuana Cultivation in the City of
Redding
[M-020]
City Attorney DeWalt highlighted the Report to Redding City Council (staff report),
incorporated herein by reference, and recommended that the City Council adopt,
pursuant to the authority set forth in Government Code section 65858, by waiver of
full reading and adoption by title only, an Interim Urgency Ordinance to extend the
Interim Urgency Ordinance (Ordinance No. 2525) which established that no person
may plant or cultivate marijuana at a private residence within the City of Redding in
excess of six (6) marijuana plants, whether mature or not, and which prohibited the
planting or cultivation out of doors of marijuana within one thousand feet of any
library, public or private school, or park, or youth -oriented establishment, as defined;
and authorize the City Clerk to publish a Summary Ordinance.
A discussion amongst the Council ensued.
Shasta Heart opposed limitations being placed on the number of marijuana plants one
can grow in the City limits.
Peter Scales opined that Redding should be a marijuana free city.
A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Schreder, to adopt Interim Urgency Ordinance No. 2528, an ordinance of the City
Council of the City of Redding, pursuant to the authority set forth in Government
Code section 65858, by waiver of full reading and adoption by title only, to extend
the Interim Urgency Ordinance (Ordinance No. 2525) which established that no
person may plant or cultivate marijuana at a private residence within the City of
Redding in excess of six (6) marijuana plants, whether mature or not, and which
prohibited the planting or cultivation out of doors of marijuana within one thousand
feet of any library, public or private school, or park, or youth -oriented establishment,
as defined; and authorize the City Clerk to publish a Summary Ordinance.
The Vote:
AYES: Council Members — Cadd, Schreder, Weaver, and Sullivan
NOES: Council Members — McArthur
ABSTAIN: Council Members — None
ABSENT: Council Members — None
City Attorney DeWalt read the full title of Ordinance No. 2528, and Ordinance No.
2528 is on file in the Office of the City Clerk.
PUBLIC COMMENT
[A-050-060]
Kaitlyn Abramenko stated that she and her classmates chose South City Park as their school
project due to the park's unsafe and unclean conditions. After conducting an online survey,
incorporated herein by reference, they collectively decided that the solutions include: (1) a
volunteer -oriented cleanup of the park; (2) extra patrols by the Redding Police Department;
and (3) installation of video surveillance cameras.
[A-090-020]
Phil Rehberg expressed concerns relative to noise abatement or lack thereof from Benton
Airpark, and provided the City Council with a Noise Abatement Proposal for Benton
Airpark, incorporated herein by reference.
[A-050-060]
Cathy Cresser spoke in opposition to the Slide the City event utilizing water conservation
efforts in its marketing, and she offered her fundraising skills to Council Member Schreder to
help with the Redding Area Homelessness Coalition Project.
[T-010]
Howard Covington opposed government taxation.
[A-050-060]
Linda Miller opined that additional ordinances are needed to combat lawless criminals and
homelessness in the community.
06/02/2015
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1
Me
[E-090-100]
Greg Washburn opposed Redding Electric Utility rate increases.
POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS
[A-050-060]
At Council Member McArthur's suggestion, a consensus of the Council agreed to direct the
City Attorney to review the recent court case relative to requiring drug companies to pay for
disposal of unused medicines and return to the Council at a future meeting for discussion.
CLOSED SESSION
At the hour of 8:18 p.m., Mayor Sullivan announced that the Council would adjourn to
Closed Session.
At the hour of 8:42 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)(1):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Citizens for Fair REU Rates, Michael Schmitz, Shirlyn Pappas, Fee Fighter LLC v.
The City of Redding and the City Council of the City of Redding; Shasta County
Superior Court Case Nos. 171377 and 172960; and Court of Appeal, Third Appellate
District Civil No. C071906
[L-100]
The City Council took no reportable action on this item.
13B. 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.
13C. Closed Session pursuant to California Government Code Section 54956.9(d)(1):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Blake v. City of Redding, et al.; Shasta County Superior Court Case No. 174511
[L-100]
The City Council took no reportable action on this item.
13D. Closed Session pursuant to California Government Code Section 54956.9(d)(1):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Schjoth, et al. v. City of Redding; Shasta County Superior Court Case No. 178895
[L-100]
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 8:43 p.m.
ATTEST:
Pamela Mize, City rk
APPROVED:
tt$e Sullivan, Mayor
06/02/2015