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HomeMy WebLinkAboutMinutes - City Council - 2014-04-15 49 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California April 15, 2014 6:00 p.m. The meeting was called to order by Mayor Rick Bosetti with the following Council Members present: Gary Cadd, Patrick Jones, Missy McArthur, and Francie Sullivan. Also present were: City Manager Kurt Starman, City Attorney Rick Duvernay, Public Works Director Brian Crane, 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 Chief of Police Robert Paoletti. The Pledge of Allegiance to the Flag was led by Hanna, a student from Anderson High School. The Invocation was provided by the Reverend James Wilson, Pray North State. PRESENTATIONS 2A. Presentation by One Safe Place, regarding its No More Campaign; and Mayor's Proclamation - Proclaiming April 2014, as Sexual Assault Awareness Month [A-050-060-600] Jean King, Executive Director of One Safe Place provided a video presentation regarding its No More campaign. On behalf of the City Council, Mayor Bosetti presented a Mayoral Proclamation to Ms. King proclaiming April 2014, as Sexual Assault Awareness Month in the City of Redding. 2B. Mayor's Proclamation - Proclaiming May 4-10, 2014, as Public Service Recognition Week [A-050-060-600] On behalf of the City Council, Mayor Bosetti presented a Mayoral Proclamation to Chris Darker, on behalf of United Public Employees of California (UPEC) LiUNA Local 792, proclaiming May 4-10, 2014, as Public Service.Recognition Week in the City of Redding. PUBLIC COMMENT [A-050-060/P-100-050] George Clarke and Gary Hollahan addressed the City Council concerning City employee compensation and associated benefits, freedom of speech, and union influence on local elections. [A-050-060] Rick Phillips expressed his excitement over the recent Parkview infrastructure improvements and the example it represented for possible utilization in other areas of the City. [A-050-060/T-100-050] Anne Thomas invited the City Council Members and the community to participate in the Parkview Family Bicycling Day celebration on May 4, 2014, to highlight Tiger Field, the bike lanes,the crosswalks, and the library. [A-050-060/S-050] Terry Rapoza updated the City Council on the various jurisdictions which have voted to endorse the State of Jefferson. 04/15/2014 50 CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar and each report to City Council (staff report) is incorporated herein by reference: 4.(a). Approval of Minutes: Regular Meeting of March 18, 2014; and Regular Meeting of April 1, 2014 [A-050-060] 4.(b). Approval of Payroll and Accounts Payable Register [A-050-100-500] It is the recommendation of the Finance Director that the City Council approve Accounts Payable Register No. 19, for the period of April 1, 2014, through April 11, 2014, for a total of $3,034,470.39, for check numbers 919870 through 920301, inclusive, ACH Transfer numbers 10913 through 10936 inclusive, and Wire Transfer numbers 4992 through 5000, inclusive; Payroll Register No. 20, for the period March 16, 2014, through March 29, 2014, in the amount of$2,544,940.46, for electronic deposit transaction numbers 366308 through 367125, inclusive, and check numbers 555144 through 555187, inclusive; SUMMARY TOTAL: $5,579,410.85. 4.(c). Ordinance - Amending Redding Municipal Code, Title 2 (Administration and Personnel), Chapter 2.46 (Electric Utility Commission) [C-110-100/B-080-160] It is the recommendation of the Electric Utility Director that the City Council adopts Ordinance No. 2506, amending Redding Municipal Code, Title 2(Administration and Personnel), Chapter 2.46 (Electric Utility Commission), changing the Commission's meeting time from 6:00 p.m. to 4:00 p.m. on the third Thursday of each month by modifying Section 2.46.070(Meetings-Time). 4.2(a). Letter of Support -Assembly Bill 2328 (Perez) [L-040] It is the recommendation of the Deputy City Manager that the City Council authorize the Mayor to submit a letter in support of Assembly Bill 2328 (Perez), which would create the California Service Corps, to be administered by California Volunteers and operated under the existing federal AmeriCorps Program. 4.2(b). Resolution — Authorizing Submission of Funding Application to California Department of Housing and Community Development's (HCD) Local Housing Trust Fund Program (LHTF) [L-010-005] It is the recommendation of the Deputy City Manager that the City Council adopt Resolution No. 2014-040, a resolution of the City Council of the City of Redding authorizing the City Manager, or his designee, to: (1) submit an application to the HCD's LHTF; and (2) execute an agreement and any amendments, if selected for funding, and any related documents necessary to participate in the LHTF Program. 4.3(a). Award of Bid — Bid Schedule No. 4633, Diesel-Powered Automated Side-Loaders and Hybrid-Powered Side-Loader for the Solid Waste Utility [B-050-100/S-020-100] It is the recommendation of the Support Services Director that the City Council award Bid Schedule No. 4633, Diesel-Powered Automated Side-Loaders and Hybrid- Powered Side-Loader for the Solid Waste Utility, to Western Truck Parts & Equipment, for a total purchase request of$1,272,945.93, comprised of the following: (1) two diesel-powered automated side-loaders and one additional unit, as provided for in the bid specification (delivery cost of $961,625.10); and (2) one hybrid- powered unit, as provided for in the bid specifications(delivery cost of$311,320.83). 4.3(b). License Agreement with the Exchange Club of Redding for Air Show 2014 - Redding Municipal Airport [A-070-080/A-090-100] It is the recommendation of the Support Services Director that the City Council authorize the Mayor to execute a License Agreement with the Exchange Club of Redding (C-3082) to hold Air Show 2014 at the Redding Municipal Airport on September 27 and 28, 2014. 04/15/2014 51 4.3(c). Award of Bid and Reject Apparent Low Bid - Bid Schedule No. 4631, Purchase of Solid Waste Transfer Trucks [B-050-100/S-020-650] It is the recommendation of the Support Services Director that the City Council authorize the following action relative to Bid Schedule No. 4631, Purchase of Solid Waste Transfer Trucks: (1)reject the apparent low bid from Redding Freightliner as it is deemed non-responsive; and (2) award said bid to Western Truck Parts & Equipment for the purchase of three solid waste transfer trucks in the amount of $386,477.40. 4.5(a). Electric Utility's Monthly Financial Report- February 2014 [B-130-070] It is the recommendation of the Electric Utility Director that the City Council accept the Electric Utility's Monthly Financial Report for February 2014. 4.6(a). Resolution — Authorizing Submission of Funding Applications for Amenities of a Small Craft Boat Launching Facility [G-100-170] It is the recommendation of the Community Services Director that the City Council adopt Resolution No. 2014-041 authorizing the submittal of applications for funding for amenities of a small craft boat launching facility, trails and restoration on the Sacramento River at the Henderson open space from: (1) California Wildlife Conservation Board - Public Access Program ($450,000); (2) California Wildlife Conservation Board -Habitat Enhancement and Restoration Program($125,000); and (3) California State Parks Division of Boating and Waterways ($350,000); and Authorize the City Manager to execute all necessary documents to apply for said funds. 4.6(b). Joint Use Agreement with Simpson University — Use of Tiger Field as the Home Field for the Simpson University Baseball Team [P-050-600-250/A-070] It is the recommendation of the Community Services Director that the City Council authorize the City Manager, or his designee, to execute a Joint Use Agreement with Simpson University for the use of Tiger Field as the home field for the Simpson University baseball team for a five-year period, with a possible five-year option to extend by mutual consent. 4.6(c). Maintenance Agreement with the California Department of Transportation (Caltrans) (C-4881/02-MTC14-005) - Dana to Downtown and View Avenue Trail Improvements [S-050-100] It is the recommendation of the Community Services Director that the City Council authorize the City Manager to execute the Maintenance Agreement with the California Department of Transportation (C-4881/02-MTC14-005) for the Dana to Downtown and View Avenue Trail Improvements. 4.9(a). Resolution — Proclaiming May 4-5, 2014, as California Peace Officers' Memorial Days; May 8, 2014, as Shasta County Peace Officers'Memorial Day; and May 11- 17, 2014, as National Police Week [A-050-060-600/P-010-050/P-150-150] It is the recommendation of the Chief of Police that the City Council adopt Resolution No. 2014-042, a resolution of the City Council of the City of Redding proclaiming May 4-5, 2014, as California Peace Officers' Memorial Days; May 8, 2014, as Shasta County Peace Officers' Memorial Day; and May 11-17, 2014, as National Police Week in the City of Redding. 4.10(a).General Fund's Monthly Financial Report -February 2014 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the General Fund's Monthly Financial Report for February 2014. 04/15/2014 52 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Jones, that the foregoing items on the Consent Calendar be approved and adopted as recommended. The Vote: AYES: Council Members - Cadd,Jones, McArthur, Sullivan, and Bosetti NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution Nos. 2014-040 through 2014-42 are on file in the Office of the City Clerk. APPOINTMENTS 7.1. Appointment to Redding Planning Commission—Robert Paget [B-080-300] City Manager Starman summarized the Report to City Council (staff report) dated April 9, 2014, incorporated herein by reference, and relayed Mayor Bosetti's recommendation that the City Council appoint Robert Paget to the Redding Planning Commission to serve a four-year term from May 1, 2014, to May 1, 2018. A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, to appoint Robert Paget to the Redding Planning Commission to serve a four-year term from May 1, 2014, to May 1, 2018. The Vote: AYES: Council Members—Cadd,Jones, McArthur, Sullivan, and Bosetti NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES 9.1(a). Discuss Possibility of Moving all "Non-Agenda Public Comment" near the end of the Agenda until after the General Municipal Election on November 4, 2014 [A-050-060] Council Member McArthur introduced the Report to City Council (staff report) dated April 2, 2014, incorporated herein by reference, and recalled the City Council's direction at its April 1, 2014, regular meeting, to facilitate a discussion regarding the possibility of moving all "non-agenda public comment" near the end of the agenda until after the general municipal election on November 4, 2014. She related that she has been approached by businesses concerned about the negativity displayed during the public comment portion of the agenda and its potential impact on businesses desiring to locate in Redding. George Clarke and Gary Hollahan opposed moving public comment to the end of the agenda. Alice Bell, President of the League of Women Voters (League), recalled that, in January 2006, the City Council, at the request of the League, moved the public comment to the beginning of the agenda for a six-month trial period. In October 2006, an ordinance was adopted codifying this change. In May 2009, the City Council placed a 30-minute limit on public comments at the beginning of the agenda, with the balancing trailing to the end of the meeting. She requested that the City Council make no changes to the public comment portion of the agenda. Robert Smith questioned how changing the public comment period would assist in changing Redding's image. Kayla Brown opposed moving the public comment portion of the agenda and opined that the motive to do so was unclear. 04/15/2014 53 Terry Rapoza acknowledged that personal attacks toward City Council Members and staff should stop. He noted, however, that it is difficult for people to accept change when it is viewed as taking away their freedom of speech. He pledged to be more careful in selecting his words during future talks. Charles Alexander requested that public comment remain at the beginning of the agenda. Nick Bundy viewed this possible change as being reactive, rather than proactive. He opined that moving the public comment to the end of the agenda would prohibit individuals, such as himself, from speaking on issues before the City Council. Carl Amess opined that in his tenure as both an employee of the City and as a City Council Member, the public has never been denied the right to speak and moving the time would not do so. Sally Rapoza stated the First Amendment is not a zone and should not be put to the back of the bus. Chris Darker believed the current process of providing 30 minutes for public comment works well. He noted that many communities do, however, have their public comment at the end of the agenda. He emphasized the need for meetings to be conducted in an orderly manner. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2014-043, a resolution of the City Council of the City of Redding implementing the temporary order moving the "non-agenda public comment" after the "Regular Calendar" and before "Council Travel Reports" on the agenda until December 2, 2014. I The Vote: AYES: Council Members- McArthur, Sullivan, and Bosetti NOES: Council Members - Cadd and Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2014-043 is on file in the Office of the City Clerk. 9.2(c). Resolution - Amending City Council Policy No. 804 (Industrial Development Incentive Program)relating to Economic Development Incentives [A-050-060-555] Deputy City Manager Clark provided an overview of the Report to City Council (staff report) dated April 3, 2014, incorporated herein by reference, and recommended that the City Council adopt a resolution amending City Council Policy No. 804 (Industrial Development Incentive Program)relating to economic development incentives. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member McArthur, to adopt Resolution No. 2014-044, a resolution of the City Council of the City of Redding amending City Council Policy No. 804, Industrial Development Incentive Program to be named Economic Development Incentive Program. The Vote: AYES: Council Members- McArthur, Sullivan, and Bosetti NOES: Council Members -Cadd and Jones ABSTAIN: Council Members - None ABSENT: Council Members- None Resolution No. 2014-044 is on file in the Office of the City Clerk. 04/15/2014 54 9.6(d). Oral Presentation Regarding Spring Redding Recreation Activities [P-050] Community Services Director Niemer provided a Powerpoint Presentation, incorporated herein by reference, providing an overview of the Spring Redding recreation activities, including "Celebrate 10" which will commemorate the ten-year anniversary of the Sundial Bridge from June 20, 2014, to July 4, 2014. The City Council took no action on this informational item. 9.11(a).Water Sale and Purchase Agreements with Kanawha Water District and The McConnell Foundation [W-030/A-070] Public Works Director Crane summarized the Report to City Council (staff report) dated April 7, 2014, incorporated herein by reference and recommended that the City Council authorize the Mayor to: (1) execute a Water Sale and Purchase Agreement with Kanawha Water District for the sale of 2,724 acre-feet of water at a cost of$294 per acre-foot; and (2) execute a Water Sale and Purchase Agreement with The McConnell Foundation (Foundation) for the purchase of 2,724 acre-feet of water at a cost of $250 per acre-foot to help facilitate the Kanawha Water District in obtaining additional water. Sharon Chandler expressed frustration with the Foundation not providing the water to local agencies, such as the Bella Vista Water District which serves in excess of 3,000 City of Redding residents. She requested that the City Council not participate in this water transaction. John Mancasola representing the Foundation explained that the water rights come from the Gore Ranch. He stated that the Foundation has a policy to offer water to all water districts in the area. It was his understanding that both the Bella Vista and Shasta Water Districts declined to purchase water from the Foundation. He stressed that water had been provided to the water districts within Shasta County that wished to purchase it. He explained that the water was an investment asset and, due to fiduciary responsibilities, had to be sold at market prices. City Manager Starman interjected that the arrangement had already been brokered between the Foundation and Kanawha Water District. The Kanawha Water District had approached the City to enable a government-to-government transaction, thereby allowing more water to remain in Northern California. He stated the City's involvement provided no benefit to the Foundation. Council Member Jones questioned whether this transaction would have an effect on the amount of water the City receives in the future from the Bureau of Reclamation (Bureau). Mr. Crane stated that the transaction would have not adverse effect, as the City has a contract with the Bureau and it is aware of the proposed transaction. Mike Alves, General Manager for the Kanawha Water District, stated that the water is vital to keeping the farmers trees alive to protect investments and ensure future crops. He explained that the Kanawha Water District's contract with the Bureau has shortage provisions,which allows taking its water allotment to zero. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member Cadd, to authorize the Mayor to: (1) execute a Water Sale and Purchase Agreement with Kanawha Water District for the sale of 2,724 acre-feet of water at a cost of $294 per acre-foot; and (2) execute a Water Sale and Purchase Agreement with The McConnell Foundation for the purchase of 2,724 acre-feet of water at a cost of $250 per acre-foot to help facilitate the Kanawha Water District in obtaining additional water. The Vote: AYES: Council Members - Cadd, McArthur, Sullivan, and Bosetti NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None 04/15/2014 55 9.15(a).Resolution - Certifying Unit Modification of the IBEW-Maintenance Workers Local 1245 [P-100-050-100] Personnel Director DeMaagd highlighted the Report to City Council (staff report) dated April 3, 2014, incorporated herein by reference, and recommended that the City Council adopt a resolution certifying the unit modification of the International Brotherhood of Electrical Workers (IBEW) - Maintenance Workers Local 1245 acknowledging IBEW Maintenance as the Exclusively Recognized Employee Organization for the classifications of Hazardous Waste Technician, Hazardous Waste Specialist I, and Hazardous Waste Specialist II classifications in accordance with the City of Redding's Employer-Employee Relations Resolution and the Myers- Milias-Brown Act, effective April 15, 2014. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2014-045, a resolution of the City Council of the City of Redding certifying the unit modification of the International Brotherhood of Electrical Workers (IBEW) - Maintenance Workers Local 1245 acknowledging IBEW Maintenance as the Exclusively Recognized Employee Organization for the classifications of Hazardous Waste Technician, Hazardous Waste Specialist I, and Hazardous Waste Specialist II classifications in accordance with the City of Redding's Employer-Employee Relations Resolution and the Myers- Milias-Brown Act, effective April 15, 2014. The Vote: AYES: Council Members - Cadd,Jones, McArthur, Sullivan, and Bosetti NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2014-045 is on file in the Office of the City Clerk. COUNCIL TRAVEL REPORT(S) City Council Member attendance at conference/meetings reimbursed at City expense {Requirement of Assembly Bill 1234} [A-050-060/L-040-150] Council Member Cadd attended the League of California Cities Employee Relations Committee Meeting on April 4, 2014, in Ontario, California. CLOSED SESSION At the hour of 8:38 p.m., Mayor Bosetti announced that the Council would adjourn to Closed Session. At the hour of 9:29 p.m., Mayor Bosetti reconvened the Regular Meeting to Open Session and reported that in reference to: 12A. Closed Session pursuant To California Government Code Section 54956.9(D)(2)(E)(3): CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation Below listed claims re a water main break that caused flooding at the intersection of Magnolia Avenue and Shasta Street Claim Nos. 14-063-861 By Tuthill Family Partnership-Magnolia; 14-064-861 by Carla Lozier; 14-065-861 by Kellen Jeans; 14-066-861by Loren Hammond; 14-067- 861 by Lora-Lori Mckee; 14-068-861 by Rose Nidiffer; 14-069-861 by Karin Storm; 14-070-861 by Bryan Dennis; 14-071-861 by Ron Ryman; 14-072-861 by David Barnett; 14-073-861 by Lolita Knight; 14-074-861 by Glen Watkins; 14-075- 861 by Donna Baker; 14-076-861 by Pat Gifford; 14-077-861 by James Cassidy; 14- 078-861 by Tracy Palumbo; 14-079-861 by Jacklynne Spaulding; 14-081-861 by David Vaughn; 14-082-861 by Jesse Crook; 14-083-861 by John Paschek; 14-086- 861 by John Havlin; 14-088-861 D&M Laundry Equipment; 14-092-861 by Jeff Worthington [L-100/W-030] 04/15/2014 56 The City Council,by a unanimous vote, authorized: (1) settlement of all claims related to the Magnolia-Shasta water main break up to $500,000 in total; (2) authorized the use of Risk Management Reserves to pay any claim or expenses in excess of $500,000 which will be refunded by the City's excess insurance provider (CJPRMA) at the conclusion of the claims process; and (3) authorized the transfer of$100,000 from the Risk Management Reserves to the Risk Management Liability Fund if needed to pay any upcoming claim settlements or judgments for the remainder of Fiscal Year 2013-14. 12B. Closed Session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director Demaagd Redding Independent Employees'Organization (RIEO) [P-100-050-124/P-100-050-126] The City Council took no reportable action. 12C. Closed Session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located At 4800 Mountain Lakes Boulevard Assessor's Parcel No.: 114-330-032(Portion) Agency Negotiator: Assistant City Manager Tippin Negotiating Parties: City Of Redding and Roy Nestelroad Under Negotiation: Price and Terms [C-070-200] The City Council took no reportable action. ADJOURNMENT There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of 9:30 p.m. APPROVED: Rick Bosetti, Mayor ATTEST: qt(ne,Pq Pamela Mize, Cit Clerk 04/15/2014