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HomeMy WebLinkAboutMinutes - City Council - 2013-01-15163 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California January 15, 2013 6:00 p.m. I The meeting was called to order by Mayor Rick Bosetti with the following Council Members present: Gary Cadd, Patrick Jones, Missy McArthur, and Francie Sulliyan. Also present were City Manager Kurt Starman, City Attorney Rick Duvernay, Assistant City Manager/Electric Utility Director Barry Tippin,Deputy City Manager Greg Clark, Public Works Director BrianCrane, Development Services Director Bill Nagel, City Clerk Pamela Mize, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: City Treasurer Allyn Clark; Personnel Director Sheri DeMaagd, Fire Chief Kevin Kreitman, Community Services Director Kimberly Niemer, Chief of Police Robert Paoletti, and Finance Director Steve Strong. The Pledge of Allegiance to the Flag was led by Kelly Frost. The Invocation was provided by The Reverend Jim Wilson, Pray North State. PRESENT A nONS. I 2A. Presentation by the Shasta Women's Refuge & Family Justice Center [ A-050-060] On behalf ofthe Shasta Women's Refuge, Executive Director Jean King provided a brief overview of its merger with the Shasta Family Justice Center that occurred one year ago, now called the Shasta Women's Refuge & Family Justice Center (SWRFJC) and explained that its purpose is to provide Shasta County victims of family violence with coordinated services in one location, and is the first in the nation. Family Justice Center's Executive Director Michael Burke provided a PowerPoint presentation, incorporated herein by reference, summarizing SWRFJC's activities since the merger in January 2012, and highlighting last year's first annual Camp Hope, a unique camping experience for Shasta County children exposed to family violence, which hosted 84 children and 27 teen youth leaders. He encouraged community support for this year's Camp Hope, to be held June 9-22,2013, for kids between the ages of eight and 14. PUBLIC COMMENT [A-050-060/C-I10-100] Greg Washburn opposed dogs being allowed in retail stores and opined the City should issue an Ordinance against. [T-040-350-200] George Bravo, Mathew Davison, Patrick Dillman, and Chris Conner, introduced themselves as the interim Manager and newly elected Board Members to the Redding Community Access Corporation (RCAC) and supported RCAC remaining in charge of Redding's public access channels. I [L-100] George Clarke opposed litigation costs involved with the various court cases involving the Library and the Hacienda Heights Park abandonment issues. [A-050-060] Emily Bellomo and Eddie McAllister invited the community to attend and participate in the Dr. Martin Luther King Jr.' s (MLK) Commemorative Celebration and Day of Service to be held at the MLK Center on January 21,2013, and highlighted several activities planned for the event. 01/15/2013 164 [A-050-060] Speaking on behalf of herself and Lani Kitkowski, Dolore~ Lucero opined that the court system in Shasta County is corrupt. [A-050-060l Randal Faulkner opined that allowing the Big League Dreams Corporation to control the softball complex is having adverse effects on the City of Redding. [T -040-350-200] Jessica Johnson expressed her concern as a local educator about the future of RCAC and its I potential loss of its agreement with the City. [A-050-060] Tom DuSell opined the City Council should be working for the people and not by the people. 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 ~fMinutes: Regular Meeting of December 18, 2012 4.(b). Approval of Payroll and Accounts Payable Registers [A-050-100-500] It is the recommendation of the Finance Director that the City Council approve Accounts Payable Register No. 12, for the period of December 17, 2012, through December 31, 2012, for a total of $12,801,106.48, for check numbers 907968 through 908209, inclusive, ACH Transfer numbers 9573 through 9622, inclusive, and Wire Transfer numbers 4359 through 4375, inclusive; Accounts Payable Register No. 13, for the period of January 1, 2013, through January 10,2013, for a total of $2,580,467.52, for check numbers 908210 through 908482, inclusive, ACH Transfer numbers 9623 through 9642, inclusive, and Wire Transfer numbers 4376 through 4381, inclusive; Payroll Register No. I 13, for the period December 9, 2012, through December 22, 2012, in the amount of $2,689,129.71, for electronic deposit transaction numbers 338108 through 338905, inclusive, and check numbers 552713 through 552810, inclusive; and Payroll Register NoJ4, for the period December 23, 2012, through January 5, 2013, in the amount of $2,761,468.21, for electronic deposit transaction numbers 338906 through 339737, inclusive, and check numbers 552811 through 552867, inclusive. SUMMARY TOTAL: $20,832,171.92 4.(c). Treasurer's Report - November 2012 [A-050-100-600] It is the recommendation of the City Treasurer that the City Council accept the Treasurer's Report for the month of November 2012. Total Treasurer's Accountability' $154,304,500.13 Total City of Redding Funds, Funds Held in Trust,' Assets Held by City of Redding 'as " 'Successor to Redding Redevelopment Agency, and Funds of Related Entities: $199,910,306.91 4.(d). ACR133 Report and Cash Reconciliation - November 2012 [F-205-095-650] It is the recommendation of the finance Director that the City Council accept the ACR 133 Report and the Proof of Cash Reconciliation for November 2012. I 4.3(a). Authorization of Service No. 12-01 with Coffinan Associates (C-5701) - Narrative Report and Airport Layout Plan Set Update for Benton Airpark [A-090-020] It is the recommendation of the Support Services Director that the City Council approve Authorization of Service No. 12-01 with Coffinan Associates (C-5701) in the amount of $139,100 for the preparation of a ~Jarrative Report and Airport Layout Plan Set Update for Benton Airpark , , 01115/2013 ; "'~.. -- '1 .., : ~ 165 4.4(c). Consulting and Professional Services Contract - West Coast Code Consultants, Inc. [L-010-045] It is the recommendation of the Development Services Director that the City Council authorize the Mayor to execute a contract with West Coast Code Consultants, Inc. in the amount of$75,000 to provide plan review and inspection services for the Development Services Department. I 4.5(a). Redding Electric Utility's Monthly Financial Report - November 2012 [B-130-070] It is the recommendation ofthe Electric Utility Director that the City Council accept the Redding Electric Utility's Monthly Financial Report for November 2012. 4.10(a). City of Redding's General Fund Monthly Financial Report - November 2012 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the City's General Fund Monthly Financial Report for November 2012. 4.10(b). Comprehensive Annual Financial Report (CAFR) - Fiscal Year Ended June 30,2012 [F-205-150-075] . It is the recommendation ofthe Finance Director that the City Council accept the CAFR for Fiscal Year Ended June 30, 2012. Randal Faulkner commended the Finance Director for compiling an excellent CAFR. I 4.11(a). Award of Bid - Bid Schedule No. 4512 (Job No. 2394), Buckeye Water Treatment Plant Storage Building [B-050-020/W -030-600] It is the recommendation of the Public Warks Director that the City Council: (1) award Bid Schedule No. 4512 (Job No. 2394), Buckeye Water Treatment Plant Storage Building to Gary Brock Construction in the amount. of $147,000; (2) approve an additional $51,000 to cover the cost of administration and inspection fees; (3) approve $20,000 to provide construction contingency; and (4) authorize the City Manager to approve additional increases in either construction management or contingency amounts up to a total of$10,000, for a total of$228,000. 4.11(b).Notice of Completion - Bid Schedule No. 444~ (Job No. 2372), Traffic Signal Installation at the Intersection of Court Street and 11 th Street [B-050-020/T -080-700/P-030-250] . It is the recommendation of the Public Works Director that Bid Schedule No. 4441 (Job No. 2372), Traffic Signal Installation at the Intersection of Court Street and 11Jh Street, awarded to Gilmore Construction be accepted as satisfactorily complete, and that the City Clerk be authorized to file a Notice of Completion with the Shasta County Recorder. Final cost was $375,381.32. I 4.11(d).Acceptance of Improvements: and Resolution - Accepting Streets and Improvements for Placer West Subdivision (S-20-08) - Bergstrom Enterprises (Northwest Homes) [S-101-038/S-070-230] It is the recommendation of the Public Works Director that the City Council: (1) accept the improvements in the Placer West Subdivision (S-20-08), located on Placer Street, south of Mary Lake Drive, as satisfactorily completed by Bergstrom Enterprises (Northwest Homes); (2) adopt Resolution No. 2013-001, aresolutionofthe City Council ofthe City of Redding accepting for maintenance and operation the streets in the Placer West Subdivision; and (3) authorize the City Clerk to return the securities to the developer. 4.l1(e). Notice of Completion - Bid Schedule No. 4438 (Job No. 2991), Southern Pacific Pump Station Stair Replacement Project [B-050-020] It is the recommendation 6fthe Public Works Director that Bid Schedule No. 4438 (Job No. 2991), Southern Pacific Pump Station Stair Replacement Project, awarded to Cal Electro, Inc. be accepted as satisfactorily complete, and that the City Clerk be authorized to file a Notice of Completion with the Shasta County Recorder. Final cost was $46,068.48. 01115/2013 166 4. 15(a).Property and Boiler-Machinery Insurance Policy - Redding Power Plant [R-IOO-375-200/E-120-150] It is the recommendation of Risk Manager Chris Carmona that the City Council accept the quotation from Liberty Mutual International and AEGIS for insurance coverage for the Redding Power Plant for a one-year period through February 2014, in the amount of $257,440. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Sullivan, 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 I Resolution Nos. 2013-001 and 2013-002 are on file in the Office of the City Clerk. PUBLIC HEARINGS, PETITIONS, AND PROTESTS 6.1 Public Hearing - General Plan Amendment Application (GPA-2012-00961) Amending the Health and Safety Element [G-030-010] Development Services Director Nagel summarized the Report to City Council (staff report) dated December 31, 2012, incorporated herein by reference, and recommended that the City Council hold a public hearing regarding General Plan Amendment Application GPA-2012-00961 amending the Health and Safety Element and adopt a resolution approving minor text amendments to the Health and Safety Element of the General Plan. The hour of 6,:55 p.m. having arrived, Mayor Bosetti, opened the public hearing to consider the proposed amendments. The following document is on file in the Office of the City Clerk: I Affidavit of Publication - Notice of Public Hearing No protests were received. Mayor Bosetti determined that no one present wished to address this matter and closed the public hearing. r! 01/15/2013 167 A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, to adopt Resolution No. 2013-003, aresolutionoftheCityCouricil oftheCity of Redding adopting an addendum to the General Plan Environmental Impact Report and amending and restating portions of the Redding General Plan Health and Safety Element., The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadq, Jones, McArthur, Sullivan, and Bosetti Council Members - None '. Council Members - None Council Members- None I Resolution No. 2013-003 is on file in the Office of the City Clerk 6.2 Public Hearing - Rezoning Application (RZ-2012-00948), Amending Zoning Code Chapter 18.43.110, Home Occupations " [L-OIO-230] Development Services Director Nagel highlighted the Report to City Council (staff report) dated January 7,2013, incorporated herein by reference, and with the Planning Commission, recommended that the City Council: (1) hold a public hearing regarding Rezoning Application RZ-2012-00948, amending Zoning Code Chapter 18.43.110, Home Occupations; (2) adopt the Addendum to the Mitigated Negative Declaration adopted for the Zoning Ordinance; and (3) adopt the amendments to Zoning Code Chapter 18.43.110 pertaining to cottage food operations by offering an Ordinance for first reading by title only and waiving the full reading. At the hour of 7:02 p.m., Mayor Bosetti opened the public hearing to consider the proposed amendments. The following document is on file in the Office of the City Clerk: I Affidavit of Publication - Notice of Public Hearing No protests were received. Mayor Bosetti determined that no one wished to address this matter and closed the public hearing. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Sullivan, to adopt the Addendum to the Mitigated Negative Declaration adopted for the Zoning Ordinance; and introduce for first reading by title only and waiving the full reading of Ordinance No. 2490, an ordinance ofthe City of Redding amending Title 18 (Zoning), Chapter 18.43 (Home Occupation), by amending section 18.43.110 (RZ- 2012-00948), pertaining to cottage food operations. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadd, Sullivan, McArthur, Jones, and Bosetti Council Members - None Council Members - None Council Members - None The City Attorney read the full title of Ordinance No. 2490. APPOINTMENTS I 7.1. Mayor's Appointmen.tto the Administrative Hearings Board [B-080-005] City Manager Starman provided an overview ofthe Report to City Council (staff report) dated January 4, 2013, incorporated herein by reference, and relayed Mayor Bosetti's recommendation that the City Council appoint William S. Bond to serve a four-year term from February 1, 2013, to February 1, 2017. Council Members Cadd and Jones opined that Mr. Bond's employment at Omni-Means is a conflict of interest as they contract with the City of Redding for various services. 01115/2013 168 A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member . McArthur, to appoint William S. Bond to serve on the Administrative Hearing Board for a four-year term from February I, 2013, to February I, 2017. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - McArthur, Sullivan, and Bosetti Council Members -Cadd and Jones Council Members - None Council Members - None I REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS. BOARDS. COMMISSIONS. AND COMMITTEES 9A. Discussion Concerning Possible Modifications to the City Council Chambers [ A-050-060/C-050-025] City Manager Statman provided an overview of the Report to City Council (staffreport) dated December 24, 2012, incorporated herein by reference. Mr. Starman noted that Council Member Cadd indicated he would like to discuss potential modifications to the City Council Chambers to include: (1) installing a reader board behind the dais that lists each Council Member's name and could be utilized during City Council meetings to indicate how each Council Member voted on each agenda item; and (2) modifying the electronic equipment in the City Council Chambers so that eaeh Council Member could indicate electronically when he or she wishes to speak, with the intent for the Mayor to then utilize the information to recognize Council Members in the order that they requested to speak. A discussion amongst the Council ensued. It was the consensus of the City Council to direct staff to research the cost of an electronic/digital reader board and look into utilizing the existing hardware in the I Council Chambers to make the speaker buttons on the dias function properly. 9B. ,Statement on Auditing Standards 114 Letter to City Council and the Single Audit Reports - Fiscal Year Ended June 30, 2012 [F-205-150:.075] City Manager Starman summarized the Report to City Council (staff report) dated January 8,2013, incorporated herein by reference, and relayed the Audit Committee's recommendation that the City Council accept the Statement on Auditing Standards 114 Letter to City Council and the Single Audit Reports for fiscal year ended June 30,2012. In response to George Clarke's concerns relative to including a simple I O-year projection of the costs of pensions and unfunded liabilities, Mr. Starman explained that the information is already contained in the Comprehensive Annual Financial Report and is available on the City's website. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member Jones, to accept the Statement on Auditing Standards 114 Letter to City Council and the Single Audit Reports for fiscal year ended June 30,2012. The Vote: Unanimous Ayes 9.3(b). Redding Municipal Airport Solar PV Proiect - Update [A-070-080/E-120-200/ A-090-1 00] Support Services Director Dinger provided a PowerPoint presentation, incorporated herein by reference, highlighting the Redding Municipal Airport Solar PV Project involving solar photovoltaic (PV) panels on three acres put into place in May 2011, and is offsetting 98% of the electrical needs of the Airport passenger terminal building and the runwayltaxiway lights. Mr. Dinger noted that the benefits include a monthly savings of$ll, 173 and utility costs over the last twelve months have resulted in a credit of$741, proving to be quite a successful project. He acknowledged that the rebates from REU and the state are what make this project work. I The City Council took no action on this informational item. 01/1512013 169 I 9.3(c). Award of Request for Proposal (RFP) No. 4463. Upgrade of the City's Voice and Data Network [B-050-100/C-175-550] Information Technology Manager Dave Allensummarized the Report to City Council ( staff report) dated December 19, 2012, incorporated herein by reference, and provided a PowerPoint presentation, incorporated herein by reference, and recommended that the City Council award RFP No. 4463, Upgrade of the City's Voice and Data Network to Nexus IS, Inc. and approve the Master Purchasing Agreement in the amount of $1,326,134, to provide voice, data, and computer network/infrastructure upgrades. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to award Request for Proposal No. 4463 to Nexus IS, Inc. arid approve the Master Purchasing Agreement in the amount of$1 ,326,134, to provide a Voice and Data Network Upgrade. The Vote: Unanimous Ayes 9.4(a). MOVED TO REGULAR CALENDAR AT COUNCIL MEMBER CADD'S REQUEST Resolution - California Department of Water Resources Local Levee Assistance Program grant funds; and Resolution - 40th Amendment to City Budget Resolution No. 2011-i 11 [G-l 00-170/B-130-070/F -200-090] Council Member McArthur recused herself and left the room due to property ownership in the area. I Development Services Director Nagel highlighted the Report to City Council (staff report) dated January 9, 2013, incorporated herein by reference, and recommended that the City Council: (1) adopt a resolution authorizing acceptance of grant funds from the California Department of Water Resources Local Levee Assistance Program; (2) authorize the Public Works Director to execute the funding agreement and any amendments thereto and sign requests for disbursements to be made under the funding agreement for the Olney Creek Levee Evaluation Project; and (3) adopt a resolution approving the 40th Amendment to City Budget Resolution No. 2011-111 appropriating $181,240 for an engineering study for fiscal year 2012-13. In response to Dale Hillman's request, Mayor Bosetti agreed to submit a letter to FEMA on behalf of the affected homeowners, requesting an extension of its discounted flood insurance rates currently being provided to them. A discussion amongst the Council ensued. I A MOTION WAS MADE by Council Member Cadd, seconded by Council Member Jones, to: (1) adopt Resolution No. 2013-004, a resolution ofthe City Council of the City of Redding authorizing acceptance of grant funds from the California Department of Water Resources Local Levee Assistance Program; (2) authorize the Public Works Director to execute the funding agreement and any amendments thereto and sign requests for disbursements to be made under the funding agreement for the Olney Creek Levee Evaluation Project; (3) adopt Resolution No. 2013-005, a resolution of the City Council of the City of Redding approving the 40th Amendment to City Budget Resolution No. 2011-111 appropriating $181,240 for an engineering study for fiscal year 2012-13; and (4) authorized the Mayor to submit a letter to FEMA on behalf of the affected homeowners, requesting an extension of its discounted flood insurance rates currently being provided to them. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadd, Jones, Sullivan, and Bosetti Council Members -. None Council Members - McArthur Council Members - None Resolution Nos. 2013-004 and 2013-005 are on file in the Office ofthe City Clerk. 01115/2013 170 9.4(b). Ordinance - Retroactive Postponement of Scheduled Inflationary Adjustments For All Development Impact Fees for 2013 ' [F-205-600] Development Services Director Nagel provided an overview of the Report to City Council (staff report) dated January 7, 2013, incorporated herein by reference, and recommended that the City Council offer an Ordinance amending Redding Municipal Code Chapter 16.20 for first reading by title only and waive the full reading. A MOTION WAS MADE by Council Member Jones, seconded by Council Member I McArthur, to introduce for first reading by title only and waive the full reading of Ordinance No. 2491, an ordinance of the City of Redding amending Title 16 (Buildings and Construction) Chapter 16.20.0 15 (Two-year waiver of inflation adjustment for 20 11 ) implementing a retroactive postponement of inflation adjustments for all impact fees for 2013. The Vote: AYES: Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None The City Attorney read the full title of Ordinance 2491. 9 .5(b). Establishment of Electric Utility Commission [B-080-160] Electric Utility Director Tippin highlighted the Report to City Council (staff report) dated January 3, 2013, incorporated herein byreference, and recommended that the City Council consider\:he proposed ordinance and provide direction to staff. A discussion amongst the Council Members ensued. Tim Pappas, Jo Vayo, Charles W. Alexander, Randal Faulkner, and Tom Dusell supported the inclusion of rate payers and public input for the composition ofthe REU Commission. I Carl Arness opposed establishment of the REU Commission and supported utilization of volunteers for the REU Commission's. composition. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd, to direct stoff to revise an ordinance and to return to the City Council at a future meeting with modifications to include: (1) billing related concerns; (2) moving the start time from 4:00 p.m. to 6:00 p.m.; and (3) stating the Mayor will give due consideration to including a Certified Public Accountant, Electrical Engineer, and Attorney, in the composition of the Board. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadd, Jones, McArthur, and Bosetti Council Members - Sullivan Council Members - None Council Members - None 9.5(c). Redding Electric Utility Rate Adjustments [E-090-100] Electric Utiiity Director Tippin summarized the Report to City Council (staff report) dated January 2,2013, incorporated herein by reference, and recommended that the City Council set a public hearing for February 5,2013, to consider electric rate adjustments proposec1. for implementation on or about March 5, 2013, and.March 5, 2014. I Greg Washburn suggested that the spreadsheets to be presented at the February 5,2013, Public Hearing should include a more simplified breakdown to justify the electric rate Increase. Jo Vayo, Greg Ws.shburn, Tom DuSell, and Tim Pappas opposed electric rate increases. 01/15/'2013 171 A MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd, to set a public hearing for February 5,2013, to consider electric rate adjustments proposed for implementation on or about March 5, 2013, and March 5, 2014. The Vote: Unanimous Ayes I 9.8(a). Grant - Department of Homeland Security, Federal Emergency Management Agency (FEMA) Grant Programs Directorate (GPD) through the Staffing for Adequate Fire and Emergency Response (SAFER) Program [G-100/F-200-090/P-150-070] Fire Chief Kreitman summarized the Report to City Council (staff report) dated January 9, 2013, incorporated herein by reference, and recommended that the City Council accept a grant in the amount of$1,405,401 from the Department of Homeland Security, FEMA GPD through the SAFER Program; and adopt a resolution approving the 34th Amendment to City Budget Resolution No. 2011-111 appropriating $271,440 and adding nine new full-time positions for Fiscal Year 2012-13. He noted that the Agenda incorrectly listed the appropriation of $272,440 instead of$271,440. George Clarke supported acceptance of the grant. A discussion amongst the Council ensued. I A MOTION WAS MADE by Council Member McArthur; seconded by Council Member Sullivan, to accept a grant in the amount of$1,405,401 from the Department of Homeland Security, Federal Emergency Management Agency Grant Programs Directorate through the Staffing for Adequate Fire and Emergency Response Program; and adopt Resolution No. 2013-006 approving the 34th Amendment to City Budget Resolution No. 2011-111 appropriating $271,440 and adding nine new full-time positions for Fiscal Year 2012-13 - The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti Council Members - None Council Members - None Council Members - None Resolution No. 2013-006 is on file in the Office of the City Clerk. 9.11(h).MOVED TO REGULAR CALENDAR AT COUNCIL MEMBER CADD'S REQUEST State Bicycle Transportation Account grant for the Bicycle Wayfinding Plan and Pilot Proiect; and Resolution - 39th Amendment to City Budget Resolution No. 2011-111 [G-1 00-170/B-130-070/T -100-050] Council Member Cadd expressed his concerns that putting bicycles in traffic lanes is not safe. ,,' .~ I Public Works Director Crane provided an overview of the Report to City Council (staff report) dated January 3,2013, incorporated herein by reference, and recommended that the City Council accept the State Bicycle Transportation Account grant in the amount of $36,000, for the Bicycle Wayfinding Plan and Pilot Project; and adopt a resolution approving the 39th Amendment to City Budget Resolution No. 2011-111 appropriating grant funds in the amount of $36,000 and $4,000 in matching Transportation Development Act funds. . John Truitt, Monique Gaido, Anne Thomas, and Amy Pendergast supported-accepting the State Bicycle Transp?rtation Account grant. A discussion amongst the Council ensued. A MOTION WAS MADE by Couhcil Member McArthur, seconded by Council Member Sullivan, to accept the State Bicycle Transportation Account grant in the amount of$36,000, for the Bicycle Wayfinding Plan and Pilot Project; arid adopt Resolution No. 2013-007, a resolution of the City Council of the City of Redding approving the 39th Ofi1512013 172 Amendment to City Budget Resolution No. 2011-111 appropriating grant funds in the amount of $36,000 and $4,000 in matching Transportation Development Act funds. The Vote: . AYES: NOES: ABSTAIN: ABSENT: Council Members - Cadd, McArthur, Sullivan, and Bosetti Council Members - Jones Council Members - None Council Members - None POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [P-150-150] I Council Member McArthur noted that she will be attending the Community Corrections Partnership Executive Committee meetings and working collaborativelywith Shasta County and Chief Probation Officer Wesley Forman to try to find solutions to the public safety issues in our community. CLOSED SESSION Jo Vayo, Randall Faulkner, and Tim Pappas opposed further litigation relative to Item 12D. At the hour of 10:13 p.m., Mayor Bosetti announced that Council would adjourn to Closed Session. At the hour of 12: 1 0 a.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 54957.6: CONFERENGE""WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director DeMaagd Employee Organization: Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees [P-I00-050-070] The City Council took no reportable action. I 12B Closed session pursuant to California Government Code Section 54956.9(b)(3)(E): CONFERENCE \VITH LEGAL COUNSEL-ANTICIPATED LITIGATION The City Council will discuss with its attorney a threat of litigation from a developer regarding the Oasis Towne Center project. Documentation of the threat is available for public inspection in the Office of the City Clerk pursuant to Section 54957.5 [L-l OO/L-Ol 0-1 00-550] The City Council took no reportable action. 12C. Closed Session pursuant to California Government Code Section 54956.9(a): CONFERENCE \VITH LEGAL COUNSEL - EXISTING LITIGATION California Sportfishing Protection Alliance v. City of Redding; U.S. District Court, Eastern District of California Case No. 2:12-CV-01884-GEB-KJN (re Clear Creek Wastewater Treatment Plant, Stiilwater Wastewater Treatment Plant and the City of Redding's Sanitary Sewer System) [L-l OO/W -01 0] The City Council took no reportable action. I 12D. Closed Session pursuant to California Government Code Section 54956.9(a): CONFERENCE 'VITH LEGAL COUNSEL - EXISTING LITIGATION The American Civil Liberties Union of Northern California, et aI. v. City of Redding, et aI., Court of Appeal of the State of Calif., Third Appellate District Case No. C068873; and Suann Prigmore, et aI. v. City of Redding, et aI., Court of Appeal of the State of Calif., Third Appellate District Case No. C068866 [L-I00/L-050] 01/15/2013 173 I The City Council authorized settlement of litigation as follows: (1) in American Civil Liberties Union of Northern California, et aI. v. City of Redding, et aI., Court of Appeal of the State of Calif., Third Appellate District Case No. C068873, the terms of the settlement are to convert the preliminary injunction, as modified by the appellate court, into a permanent injunction and to pay discounted attorney fees in the amount of $175,000; and (2) in SUann Prigmore, et aI. v. City ofRedding~ et aI., Court of Appeal of the State of Calif., Third Appellate District Case No. C068866, the terms of the settlement are to convert the preliminary injunction, as modified by the appellate court, into a permanent injunction and to pay discounted attorney fees in the amount of $110,090. 12E. Closed session pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Redding v. County of Shasta - Property Tax Administration Fees Refund Claim [L-1 OOIT -010-650] The City Council took no reportable action. ADJOURNMENT There being no further business, Mayor Bosetti declared the meeting adjourned on Wednesday, January 16, 2013, at the hour of 12:12 a.m. APPROVED: I ~G~~~!j R{ck Bosetti, Mayor ATTEST: I 0111512013