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HomeMy WebLinkAboutMinutes - City Council - 2015-11-17320 Redding City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, CA 96001 November 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 Barry E. DeWalt, Public Works Director Brian Crane, Development Services Director Larry Vaupel, 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 Gerry Gray, Finance Director Dennice Maxwell, Community Services Director Kim Niemer, Police Chief Robert Paoletti, and City Treasurer Allyn Van Hooser The Pledge of Allegiance to the Flag was led by Lea Tate. The Invocation was provided by Pastor Aaren Gushwa, Faith Community Church. PRESENTATIONS 2A. Mayor's Proclamation presented to Shasta Regional Community Foundation (SRCF) Chief Executive Officer Kerry Caranci declaring December 1, 2015, as Northstate Giving Tuesday in the City of Redding, and recognizing SRCF as the event coordinator for participating nonprofit organizations. [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 October 6, 2015; and Regular Meeting of November 3, 2015. [A-050-060] 4(b). Approval of Payroll and Accounts Payable Register. [A-050-100-500] Approve: (1) Accounts Payable Register No. 9 for the period of October 30, 2015, through November 12, 2015, for a total of $4,671,500.96, for check numbers 109903 through 110260, inclusive, ACH Transfer numbers 12301 through 12327, inclusive, and Wire Transfer numbers 5976 through 5985, inclusive; and (2) Payroll Register No. 10 for the period of October 25, 2015, through November 7, 2015, in the amount of $2,674,910.29, for electronic deposit transaction numbers 403416 through 404286, inclusive, and check numbers 601354 through 601380, inclusive; SUMMARY TOTAL: $7,346,411.25. 4(c). MOVED TO REGULAR CALENDAR ITEM 9(C) AT VICE MAYOR MCARTHUR'S REQUEST 4.1(b). Approve a Community Benefit Development Incentive Agreement (C-6677) with KMJ Development, LLC, to facilitate the development of a medical services facility and an independent senior living apartment complex to serve veterans; and authorize the Mayor to execute the contract. [F -205-600/A-050-060] 4.3(a). Approve Authorization of Service No. 15-04 with Mead & Hunt, Inc. (C-5534) in the amount of $38,643 for engineering design services for an Airport Pavement Management System Study at Benton Airpark, and authorize the Mayor to execute the agreement. [A-090-020] 11/17/2015 321 4.3(b). Award the contract for Recyclable Material Sorting Services to the County of Shasta through the Health and Human Services Agency, Regional Services Branch, Opportunity Center (C-2966) for the period December 1, 2015, through November 30, 2016, with four consecutive one-year renewals, through December 31, 2020, unless either party gives 30 days' written notice not to renew. [B -050-100/S-020-5501 4.4(a). Authorize the following actions relative to Bid Schedule No. 4736, Bethel Church Collyer Drive Campus Project (PD -2015-00304): (1) staff to negotiate a contract with Kimley-Horn for preparation of an Environment Impact Report, in an amount not to exceed $233,043; (2) the City Manager to approve amendment(s) to the contract for an additional amount not to exceed $25,000 for contingency purposes, for a total of $258,043; and (3) the Mayor to execute the contract. [B-050-100] 4.5(a). Accept Bid Schedule No. 4752, Substation Seal Coat Project, awarded to Red Sky, Inc., as satisfactorily complete, with a total project cost of $45,244. [B-050-020] 4.6(a). Adopt Resolution No. 2015-089, a resolution of the City Council of the City of Redding approving and adopting the 10th Amendment to City Budget Resolution No. 2015-57 reallocating $25,000 from the City's Park Maintenance Division's projected utilities savings; and appropriating $25,000 from the City's General Fund reserves for irrigation upgrades and repairs in City parks and landscaping for Fiscal Year 2015-16. [B -130-070/P-050] 4.11(a).Accept Bid Schedule No. 4694 (Job No. 2400), Buenaventura Boulevard Safety Project, awarded to RTA Construction, Inc., as satisfactorily complete, with a final cost of $1,265,504.45. [B -050-020/W-020-5751 Council Member Cadd recused himself from voting on this item due to family relations 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(b).Adopt Resolution No. 2015-090, a resolution of the City Council of the City of Redding prohibiting parking on certain designated areas along Shasta View Drive, pursuant to Redding Municipal Code Section 11.24.040. [P -030/S-070-100-700] A MOTION WAS MADE by Council Member Weaver, seconded by Council Member Schreder, 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. 2015-089 and 2015-090 are on file in the Office of the City Clerk. APPOINTMENTS 7.1. Appointments and Reanyointmentto the Communitv Development Advisory Committee [B-080-600-100] Mayor Sullivan provided an overview of the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council reappoint Barbara Mena-Ghidinelli and appoint Michael Allen and Charles Menoher to the Community Development Advisory Committee (CDAC) to serve three-year terms from December 1, 2015, to December 1, 2018. 11/17/2015 322 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to reappoint Barbara Mena-Ghidinelli and appoint Michael Allen and Charles Menoher to the Community Development Advisory Committee (CDAC) to serve three-year terms from December 1, 2015, to December 1, 2018. The Vote: Unanimous Ayes. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES 9B. Response from the Shasta County District Attorney concerning the Cites Request to Investigate a Potential Brown Act Violation [A-050-060] City Manager Stanman highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council accept the letter dated November 10, 2015, incorporated herein by reference, from the Shasta County District Attorney in response to the City's request to investigate a potential Brown Act violation. Tim Pappas, Patrick Jones, Dan Ramelli, and Dale Ball spoke in opposition to accepting the Shasta County District Attorney's response. Council Member Cadd opined that the issue should be sent to the California Office of the Attorney General for review. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to accept the response letter from County of Shasta District Attorney Stephen S. Carlton, dated November 10, 2015, incorporated herein by reference, relative to the City's request to investigate a potential Brown Act violation. The Vote: AYES: Council Members - McArthur, Schreder, Weaver, and Sullivan NOES: Council Members - Cadd ABSTAIN: Council Members - None ABSENT: Council Members - None 9C. MOVED FROM CONSENT CALENDAR ITEM AT VICE MAYOR MCARTHUR'S REQUEST Ordinance - Amending Redding Municipal Code (RMC) Title 9 (Health and Safety) by adding Chapter 9.01 (Social Host Regulations) [C-110-100] City Attorney DeWalt provided an overview of the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council adopt Ordinance No. 2537 amending RMC Title 9 (Health and Safety) by adding Chapter 9.01 (Social Host Regulations), Sections 9.01.010 through 9.01.080, inclusive, relating to prohibiting persons having control over property from allowing parties where minors are using alcohol or controlled substances. Tom Mulligan expressed his concern relative to potential landlord liabilities. Tim Pappas suggested that an exclusion for parents who provide alcohol to their own children in their own home should be included in the ordinance to comply with state laws that are already in place. Betty Cunningham, Cathy Dieszi, and Cathy Grindstaff thanked the City Council for their support. In response to Dick Fyten's question regarding what is considered a "should have known" situation, Mr. DeWalt provided examples. Tim Pappas accepted Mr. DeWalt's invitation to discuss the state laws in place and Mr. DeWalt noted that he will let the Council know if any significant findings are found. A discussion amongst the Council ensued. 11/17/2015 323 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to adopt Ordinance No. 2537, an ordinance of the City Council of the City of Redding amending RMC Title 9 (Health and Safety) by adding Chapter 9.01 (Social Host Regulations), Sections 9.01.010 through 9.01.080, inclusive, relating to prohibiting persons having control over property from allowing parties where minors are using alcohol or controlled substances. The Vote: AYES: Council Members - Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2537 is on file in the Office of the City Clerk. 9.1(a). Proposed Organizational Changes within the City of Redding [P-100] 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 adopt a resolution adding, deleting, and modifying certain job titles to reflect proposed organizational changes within the City of Redding, specifically eliminating the Support Services Division and dispersing those departments contained within to other divisions within the City. Dale Ball opposed the Council approving raises for City employees. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Weaver, seconded by Council Member McArthur, to: (1) adopt Resolution No. 2015-091, a resolution of the City Council of the City of Redding approving amendments to the Executive Management Pay -For -Performance Salary Plan, effective December 6, 2015, with the exception of pay increases for the Directors' of Public Works and Community Services; and (2) authorize the City Manager to approve noted wage increases for the Directors' of Public Works and Community Services following individual evaluations to assess job performance in light of increased responsibilities; reviews to be conducted after four - months, or during their annual review, whichever comes first. The Vote: AYES: Council Members — McArthur, Schreder, Weaver, and Sullivan NOES: Council Members - Cadd ABSTAIN: Council Members - None ABSENT: Council Members — None Resolution No. 2015-091 is on file in the Office of the City Clerk. 9.2(a). Annual Report by Shasta Cascade Wonderland Association (SCWA) on Tourism Activity [B-130-030-700] Deputy City Manager Clark summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council accept the Annual Report by SCWA and an accompanying PowerPoint presentation, incorporated herein by reference, from its General Manager Laurie Baker relating to the operation of the Redding Convention and Visitors Bureau (CVB) under a Service Agreement (C-5348) with the City. Ms. Baker provided copies of the magazine Hunt & Fish, summer/fall 2015 edition, incorporated herein by reference, to the Council Members showcasing the CVB's full page marketing ad for the north state. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Schreder, to accept the Annual Report by the Shasta Cascade Wonderland Association and the presentation from its General Manager Laurie Baker relating to the operation of the Redding Convention and Visitors Bureau under a Service Agreement (C-5348) with the City. The Vote: Unanimous Ayes. 11/17/2015 324 9.4(b). Ordinance - Amending Redding Municipal Code Title 16 (Buildings and Construction), Chapter 16.70 (Water Efficient Landscape) [C -110-100/W-030] Development Services Director Vaupel provided an overview of 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 16 (Buildings and Construction), Chapter 16.70 (Water Efficient Landscape) for first reading by title only and waive the full reading; and direct the City Clerk to publish a summary of the ordinance. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Weaver, seconded by Council Member Schreder, to: (1) introduce for first reading by title only and waive the full reading of Ordinance No. 2538, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 16 (Buildings and Construction), Chapter 16.70 (Water Efficient Landscape); and (2) direct the City Clerk to publish a summary of the 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 DeWalt read the full title of Ordinance No. 2538. 9.5(b). Electric Utility's Monthly Financial Report for September 2015 [B-130-070] Electric Utility Director Tippin highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council accept the Redding Electric Utility Monthly Financial Report for September 2015. Mr. Tippin provided a brief overview of the City of Redding Electric Utility Annual Power Content Label update, incorporated herein by reference. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to accept the Redding Electric Utility Monthly Financial Report for September 2015. The Vote: Unanimous Ayes. 9.10(a).General Fund Monthly Financial Report for September 2015 [B-130-070] Finance Director Maxwell summarized the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council accept the City's General Fund Monthly Financial Report for September 2015. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, to accept the City's General Fund Monthly Financial Report for September 2015. The Vote: Unanimous Ayes. 9.14(a).Ordinance — Regarding Streamlining the Administrative Process Relating to Abatement of Nuisance Conditions [C-110-100] City Attorney DeWalt summarized 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 1 (General Provisions), Chapter 1.14 (Administrative Penalties and Abatement), Sections 1.14.020, 1.14.050, 1.14.120, 1.14.130, 1.14.140, 1.14.150, 1.14.170, 1.14.180, 1.14.190, 1.14.200, 1.14.230, 1.14.320, 1.14.330, and Chapter 1.15 (Abatement of Properties, Buildings, and Conditions), Section 1.15.170, for first reading by title only and waive the full reading, all relating to streamlining the administrative process relating to abatement of nuisance conditions; and authorize the City Clerk to publish a summary ordinance. 11/17/2015 1 325 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 by title only and waive the full reading of Ordinance No. 2539, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 1 (General Provisions), Chapter 1.14 (Administrative Penalties and Abatement), Sections 1.14.020 (Definitions), 1.14.050 (Imposition of Administrative Penalty), 1.14.120 (Request for Hearing — Failure to Appear), 1.14.130 (Hearings Conducted by Administrative Hearings Board), 1.14.140 (Hearings Conducted by Hearing Officer), 1.14.150 (Scope of Hearing), 1.14.170 (Findings and Order), 1.14.180 (Administrative Abatement and Penalties Order), 1.14.190 (Administrative Penalties), 1.14.200 (Requirement to Abate), 1.14.230 (Compliance Report), 1.14.320 (Lien Procedure), 1.14.330 (Special Assessment Procedure), and Chapter 1.15 (Abatement of Properties, Buildings, and Conditions), Section 1.15.170 (Substandard Buildings, Public Nuisances and Blighted Conditions — Violation), all relating to streamlining the administrative process relating to abatement of nuisance conditions; and authorized 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 DeWalt read the full title of Ordinance No. 2539. PUBLIC COMMENT [P-150-150] Thomas Loop expressed frustration with the escalating crime issues within the community. [P-050] Mary Belknap spoke in opposition to the construction of the proposed Panorama Pump Park, and presented petitions in opposition, and also a letter dated August 28, 2015, stating that the proposed park is not in compliance with the General Plan, both incorporated herein by reference. [P-050] The following residents of the Rocky Point Estates subdivision spoke in opposition to construction of the proposed Panorama Pump Park: Sandra Stevens, John Belknap, and Nick Armsten. POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [P -150-150/A-030] At Council Member Weaver's suggestion, it was the consensus of the Council to direct staff to compile a list of the top 25 hotels by number of calls for service from the Redding Police Department (RPD) over the past year, along with the owner's names for discussion at a future Council meeting regarding ways to enhance efforts of RPD, Code Enforcement, and the Shasta County District Attorney's Office to improve these properties. [A-050-060] At Mayor Sullivan's suggestion, it was the consensus of the Council to invite the Redding Dragstrip Owners' to present an overview of the services they offer to the youth. CLOSED SESSION At the hour of 8:38 p.m., Mayor Sullivan announced that the Council would adjourn to Closed Session. At the hour of 9:49 p.m., Mayor Sullivan reconvened the Closed Session to Open Session and reported that in reference to: 13A. Closed session pursuant to California Government Code Section 54956.9(d)(2) & (e)(3): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Claim No. 16-013-861 by Aaron Flournoy for a waterline rupture at 4367 East Bonnyview Road [L-100] 11/17/2015 326 By a unanimous vote, the City Council elected to settle a claim filed by Aaron Flournoy in the amount of $48,649.38. The sum of $26,564.66 was advanced to Mr. Flournoy leaving a balance of $22,084.72. The claim arose from a rupture in a City of Redding waterline on September 1, 2015, resulting in damage to the personal effects and home of Mr. Flournoy. 13B. Closed session pursuant to California Government Code Section 54956.9(d)(2) & (e)(3): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Claim No. 16-025-861 by Larry Chapter and Joe Ballard for a water main break at 939 Butte Street [L-100] By a vote of 4-0, with Council Member Schreder abstaining, the City Council elected to settle a claim filed by Larry Chapter and Joe Ballard in the amount of $44,249.95. The sum of $9,249.95 was advanced to the claimants leaving a balance of $35,000. The claim arose from a rupture in a City of Redding waterline on October 16, 2015, resulting in damage to the structure located at 939 Butte Street. 13C. Closed session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director DeMaagd Employee Organizations: 1. Redding Peace Officers' Association (RPOA) 2. United Public Employees of California—Redding Technical Unit (UPEC) 3. All Represented and Unrepresented Employees, with the exception of RPDA, RPMA and IAFF [P -100-050-120/P-100-050-170] 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 Journal Media Group, Inc. v. The City of Redding, et al; Shasta County Superior Court Case No. 30-2010-00357976 [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 9:50 p.m. v� ran ' Sullivan, ayor ATTEST: Pamela Mize, City Clerk' 11/17/2015 1