HomeMy WebLinkAboutMinutes - City Council - 2013-02-19188
City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
February 19, 2013 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, Assistant City
Manager/Electric Utility Director Barry Tippin, Deputy City Manager Greg Clark, Public Works
Director Brian Crane, Development Services Director Bill Nagel, City Clerk Pamela Mize, and
Executive Assistant Sharlene Tipton. The City Manager introduced DepartmenfDirectors 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.
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The Pledge of Allegiance to the Flag was led by Mayor Emeritus Carl Arness.
The Invocation was provided by Mayor Bosetti.
PUBLIC COMMENT
[A -050-060]
Charles W. Alexander opposed the proposed Breslauer Lane area "non-custodial" facility
considered by the Shasta County Board of Supervisors.
[L-100]
Dick Fyten expressed his concern relative to the amount oflitigation occurring within various
local government agencies. He opined that approximately nine lawsuits are currently pending I
against the City of Redding and requested that staff provide an overview of each and publish
such in the Record Searchlight within a reasonable amount of time.
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 February 5,2013
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. 15, for the period of February 1,2013, through February 15, 2013,
for a total of $10,786,091.17, for check numbers 909001 through 909321, inclusive,
ACH Transfer numbers 9725 through 9759, inclusive, and Wire Transfer numbers 4410
through 4422, inclusive; Payroll Register N 0.16, for the period January 20,2013, through
February 2, 2013, in the amount of $2,530,954.64, for electronic deposit transaction
numbers 340556 through341384, inclusive, and check numbers 552953 through 553004,
inclusive. SUMMARY TOTAL: $13,317,045.81
4.( c). Ordinance - Amending Redding Municipal Code Title 2 - Administration and Personnel I
[C-ll 0-1 00/B-080-l60]
Carl Arness suggested that a sunset clause be added to the proposed Ordinance, and that
applicants to the proposed Electric Utility Commission should be considered without any
agendas of their own.
. .
It is the recommendation of the Electric Utility Director that the City Council adopt
Ordinance No. 2492, an ordinance of the City Council of the City of Redding amending
Title 2 - Administration and Personnel - of the Redding Municipal Code by adding
Chapter 2.46, Electric Utility Commission.
02/19/2013
189
. The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, and Bosetti
Council Members - McArthur and Sullivan
Council Members - None
Council Members - None
Ordinance No. 2492 is on file in the Office of the City Clerk.
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4.2( a). Resolution - Downtown Redding Business Improvement District Annual Assessment for
Fiscal Year 2013-14; and Setting a Public Hearing Date
[A-170-015-002/B-130-070]
It is the recommendation of the Deputy City Manager that the Ci~y Council: (1) approve
the Annual Report of the Downtown Redding Business Association (DRBA) as filed;
(2) adopt Resolution No. 2013-018, a resolution of the City Council of the City of
Redding declaring its intention to levy and collect anannual assessment for Fiscal Year
2013-14 in the Downtown Redding Business Improvement District and setting a public
hearing for 6:00 p.m. on March 19,2013; and (3) waive the requirement that the DRBA
reimburse the City for its administrative costs to bill and collect the annual assessments.
4.2(c). Resolution - Authorizing City Manager or his Designee to Submit Application to
California Departinent of Housing and Community Development's (HCD) CalHome
Program
[G-I00-170]
It is the recommendation of the Deputy City Manager that the City Council adopt
Resolution No. 2013-019, a resolution of the City Council of the City of Redding
authorizing the City Manager or his designee to submit an application to the California
HCD's CalHome Program, and to execute an agreement and any amendments, if selected
for funding, and any related documents necessary to participate in CalHome.
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4.3(b). Resolution - Authorizing Grant Applications to the Federal Aviation Administration
(FAA) and the State of California Division of Aeronautics for Water Pollution Control
Facility Design at Benton Airpark
[G-l 00-070-095/G-l 00-170-200/ A-090-020]
It is the recommendation of the Support Services Director that the City Council adopt
Resolution No. 2013-020, a resolution of the City Council of the City of Redding
authorizing the filing of a FAA Airport Improvement Program Entitlement grant
application in the amount of$45,000, and a State of California Division of Aeronautics
matching grant in the amount of $2,250; and authorizing the City Manager, or his
Designee, to execute the applications and all subsequent documentation to obtain FAA
grant monies and matching State funds for design ofa Water Pollution Control Facility
(Aircraft Wash Rack) at Benton Airpark.
4.6(a). Resolution - Community Tree Planting Day (Arbor Day); and Arbor Week; and
Recognition - Tree Line US.A. Utility and Tree City US.A.Awards
[ A-050-060-600]
It is the recommendation of the Community Services Director that the City Council adopt
Resolution No. 2013-021, a resolution of the City Council of the City of Redding
declaring March 8, 2013, as Community Tree Planting Day, otherwise known as Arbor
Day; and March 7-14, 2013, as Arbor Week; and recognizing both the Tree Line US.A.
Utility and the Tree City US.A. awards.
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4.6(b). Resolution - Approving City as Applicant on Three State Grants
[G-I00-170J
It is the recommendation ofthe Community Services Director that the City Council adopt
Resolution No. 2013-022, a resolution of the City Council of the City of Redding
requesting funds from the: (1) California Department of Boating and Waterways
($350,000);(2) California Wildlife Conservation Board's Public Access Program
($450,000) and Habitat Enhancement and Restoration Program ($125,000); and (3)
authorize the City Manager to execute all documents necessary to apply for the grants
and any agreements necessary to implement the project, should the grants be approved,
for the amenities to a small craft boat launching facility, trails and restoration on the
Sacramento River at Henderson Open Space.
02/19/2013
190
4. 1 O(a).Request for Proposals - Underwriter Services
[B-050-100/D-050-200]
It is the recommendation ofthe Finance Director that the City Council authorize issuance
of a Request for Proposals for underwriter services to develop a plan to refund/reissue
City of Redding bonds.
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 with the exception of the item(s) noted above.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti
Council Members - None
Council Members - None
Council Members - None
Resolution Nos. 2013-018 through 2013-022 are on file in the Office of the City Clerk.
PUBLIC HEARINGS, PETITIONS, AND PROTESTS
6.1
6.2
02/19/2013
Public Hearing - General Plan Amendment Application GPA-2012-879 and Rezoning
Application RZ-20 13-25 concerning City-owned property known as the potential Oregon
Gulch Landfill site
[G-03 0-0 1 O/L-O 1 0- 230]
Planning Manager Doug DeMallie highlighted the Report to City Council (staff report)
dated February 6, 2013, incorporated herein by reference, and relayed the Planning
Commission's recommendation that the City Council take the following actions related
to Council direction regarding the General Plan Amendment Application GP A -2012-879
and Rezoning Application RZ-20 13-25 concerning City property known as the potential
Oregon Gulch Landfill site: (1) Conduct a Public Hearing and, upon conclusion; (2)
approve the Addendum to the Environmental Impact Report adopted for the General
Plan; and (3) approve, in concept, amendments to the policies in the Community
Development and Design Element and Public Services and Facilities Element of the
General Plan eliminating reference to the Oregon Gulch landfill site.
'!'he hour of 6:28 p.m. having arrived, Mayor Bosetti opened the public hearing to
consider the proposed amendments.
The Affidavit of Publication - Notice of Public Hearing is 011 file in the Office of the City
Clerk.
Mayor Bosetti determined that no one present wished to address this matter and closed
the public hearing.
Action on this item is included in the motion for item 6.2
Public Hearing regarding General Plan Amendment Application GPA-2012-725 and
Rezoning Application RZ-2012-726, General Plan Diagram and Zoning Map
Consistency Review
[G-030-01 O/L-Ol 0-230] .
P1?Jlllil}g Manager Doug DeMallie provided an o.veryjew of the, Report to City Council
(staff report) dated February 6,2013, incorporated herein by refErence, and relayed the
Planning Commission's recommendation that the City Council: (1) conduct a Public
Hearing; (2) approve the Addendum to the Environmental Impact Report adopted for the
General Plan and Addendum to the Mitigated Negative Declaration adopted for the
Zoning Map; (3) adopt a resolution adopting addendums to the General Plan
Environmental Impact Report and amendments to the Redding General Plan Diagram
(GP A-20 12-725) end amending the Redding General Plan Community Development and
Design Element and Public Facilities and Services Element (GPA-2012-879); and
(4) offer an ordinance adopting an addendum to the Mitigated Negative Declaration
prepared for the City of Redding Zoning Map and amendments to the City of Redding
Zoning Map, rezoning certain parcels to be consistent with their General Plan
classifications for first reading by title only and waive the full reading.
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The hour of 6:30 p.m. having arrived, Mayor Bosettiopened the public hearing to
consider the proposed amendments.
The Affidavit of Publication - Notice of Public Hearing is on file in the Office ofthe City
Clerk.
Jennifer Pollom and Michael Roberts expressed concerns relative to the proposed zoning
amendment on South Street and Gold Street.
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Mayor Bosetti determined that no one else present wished to address this matter and
closed the public hearing.
A MOTION WAS MADE by Council Member Sullivan, seconded by Council Membe:r
McArthur, to: (1) approve the Addendum to the Environmental Impact Report adopted
for the General Plan and Addendum to the Mitigated Negative Declaration adopted for
the Zoning Map; (2) adopt Resolution No. 2013-023, a resolution of the City Council of
the City of Redding adopting addendums to the General Plan Environmental Impact
Report and amendments to the Redding General Plan Diagram (GPA-2012-725) and
amending the Redding General Plan Community Development and Design Element and
Public Facilities and Services Element (GP A-2012-879); and (3) introduce by title only
and waive the full reading of Ordinance No. 2493, an ordinance ofthe City Council of
the City of Redding adopting an addendum to the Mitigated Negative Declaration
prepared for the City of Redding Zoning Map and amendments to the City of Redding
Zoning Map, rezoning certain parcels to be consistent with their General Plan
classifications.
The Vote:
AYES:
NOES: "
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti
Council Members - None
Council Members - None
Council Members - None
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City Attorney Duvernay read the full title of Ordinance No. 2493.
Resolution No. 2013-023 is on file in the Office of the City Clerk.
APPOINTMENTS
7.1 Mayor's Appointment to the Youth Violence Prevention Council of Shasta County
(YVPC)
[B-080]
City Manager Starman highlighted the Report to City Council (staff report) dated
February 11, 2013, incorporated herein by reference, and relayed Mayor Bosetti's
recommendation that the City Council appoint himself as the City's representative to the
YVPC.
A MOTION WAS MADE by Council Member McArthur, seconded by Council
Member Sullivan, to appoint Mayor Rick Bosetti to serve as the City's 2013
representative to the Youth Violence Prevention Council of Shasta County. The Vote:
Unanimou~ Ayes
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REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS.
BOARDS. COMMISSIONS AND COMMITTEES
9 .2(b). Development Funding Agreement - Wesley Neighborhood, Inc.
[G-100-075]
Deputy City Manager Clark summarized the Report to City Council (staff report) dated
February 7, 2013, incorporated herein by reference; and recommended that the City
Council authorize the Mayor to execute a Development Funding Agreement with Wesley
Neighborhood, Inc. providing funding in an amount not to exceed $312,000 for the
demolition of a single-family unit and the development of a duplex at 1120 South Street;
and approve a grant utilizing HOME Investment Partnership Program funds in an amount
not to exceed $7,500 for lead-based paint and asbestos testing;" mitigation, and
monitoring.
02/19/2013
192
A discussion amongst the Council ensued.
A MOTION WAS MADE by Council Member McArthur, seconded by Council
Member Sullivan, to authorize the Mayor to execute a Development Funding Agreement
with Wesley Neighborhood, Inc. providing funding in an amount not to exceed $312,000
for the demolition of a single-family unit and the development of a duplex at 1120 South
Street; and approve a grant utilizing HOME Investment Partnership Program funds in an
amount nono exceed $7,500 for lead-based paint and asbestos testing, mitigation, and
monitoring. The Vote: Unanimous Ayes
9.3(a). Award of Bid - Bid Schedule No. 4527, Furnish New Tires, Tire Recaps, Tire Repairs I
and Tire Disposal Services
[B-050-100]
Support Services Director Dinger summarized the Report to City Council (staff report)
dated February 5,2013, incorporated herein by reference, and recommended that the City
Council: (1) award Bid Schedule No. 4527, Furnish New Tires, Tire Recaps, Tire Repairs
and Tire Disposal Services, for the period ofF ebruary 1, 2013, through January 31,2014,
to Wingfoot Commercial Tire in the amount of $256,487 for recap and repair services
and new tire purchases under Western State Contracting Alliance contract pricing; and
(2) authorize the Purchasing Officer to extend the bid for up to two consecutive one-year
extensions with price adjustments based on the Consumer Price Index (labor and disposal
services) and Producers Price Index (for recaps), if deemed prudent and mutually
agreeable.
Council Member McArthur requested that staff prepare an inventory of all fleet vehicles
owned and maintained by the City of Redding to be presented to the Council.
A discussion amongst the Council ensued.
MOTION WAS MADE by Council Member Jones, seconded by Council Member
McArthur, to (1) award Bid Schedule No. 4527, Furnish New Tires, Tire Recaps, Tire
Repairs and Tire Disposal Services, for the period of February 1, 2013, through January
31,2014, to Wingfoot Commercial Tire in the amount of$256,487 for recap and repair
services and new tire purchases under Western State Contracting Alliance contract
pricing; and (2) authorize the Purchasing Officer to extend the bid for up to two
consecutive one-year extensions with price adjustments based on the Consumer Price
Index (labor and disposal services) and Producers Price Index (for recaps), if deemed
prudent and mutually agreeable. The Vote: Unanimous Ayes
9.3(c). Operation of Local Community Access Television Channels (Request for Proposals
No. 4517)
[B-050-1 OOIT -040-350- 200/B-080-465]
Support Services Director Dinger highlighted the Report to City Council (staff report)
dated February 6,2013, incorporated herein by reference, and recommended that the City
Council select the Shasta County Arts Council (SCAC) as the top choice for the
operation of the local public access channels and direct staff to negotiate a contract for
such services. Mr. Dinger noted that the following three applicants submitted proposals:
SCAC, Shasta Cemmunity Media, and the Redding Community Access Corporation
(RCAC).
SCAC Executive Director Debra Lucero stated that a separate fund would be set up for
the Public, Education and Government (PEG) fees with quarterIyreports, and that SCAC
would comply with the Brown Act requirements to be open and transparent relative to
public access channel topics. She noted that the programming would be down
approximately six hours at the most during the transition from the current operator,
RCAC. She also noted that SCAC is willing to work with the other talent in town.
Mathew Davison opposed RCAC losing its existing contract to operate the local public
access channels.
. C2:nS120 13
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Tim Pappas stated that, by his interpretation of the City's contract with RCAC, the
production equipment belongs to RCAC unless the corporation dissolves and encouraged
the Council to review the contract before making a decision.
Rob McDonald, Randal Faulkner, and Sharon Waranius, opined that the City and all
three proposal applicants should work together and not against each other for the
common goal of the local operation of the public access channels.
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Dick Fyten questioned the applicants reasons for wanting to operate the channels.
City Attorney Duvernay opined that should the Council continue with SCAC, the
wording in the contract is not clear rehitive to ownership of the equipment between the
City and RCAC.
Mr. Starman noted that it has been both the City's and Charter Communications's long
standing position that any equipment purchased with PEG fees belongs to the City and
not the operator in place at the time, however, also noted that there is a dispute relative
to the ownership of the equipment based on the unclear language in the contract and
suggested that everyone work collaboratively for the benefit ofthe entire community.
In response to Mayor Bosetti, George Bravo, RCAC Interim Director, opined that RCAC
would like to work with the City to resolve the equipment issues.
A discussion amongst the Council ensued.
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A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Jones, to direct staff to. arrange a Special City Council Meeting to have the three
applicants that submitted proposals (Shasta County Arts Council, Shasta Community
Media, and Redding Community Access Corporation) make their presentations directly
to the City Council.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, and Bosetti
Council Members - McArthur and Sullivan
Council Members - None
Council Members - None
9.5(a). Redding Electric Utility's (REU) Monthly Financial Report - December 2012
[B-130-070]
Electric Utility Director Tippin provided an overview of the Report to City Council (staff
report) dated February 5, 2013, incorporated herein by reference, and recommended that
the City Council accept REU's monthly financial report for December 2012.
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Mr. Tippin explained that billed retail revenue through December was $2,382,472
(3.8 percent) below projections for the six-month period and total wholesale sales were
$7,611,292 (47.8 percent) above projections. Overall, operating revenue through
December came in $5,170,289 (6.5 percent) above plan. On balance, operating revenue
after energy costs was $3,489,660 (12.0 percent) above expectations. The combined
costs for generation, purchases from the Western Area Power Administration, contracts
and the spot market were $1,680,629 (3.3 percent) above budget projections through
December. Total operating expenses through December were $3,619,325 (22. 6 percent)
below budget, resulting from efforts to control expenses and current vacancies limiting
the amount of preventative maintenance and capital construction that can be
accomplished. REU's net operating results for the first six-months of the fiscal year are
positive and are $7,108,985 better than.its budget projections. Debt service payments to-
date total $6,929,740. Capital expenditures through Dece~ber were $1,890,727 for
, revenue-funded projects, and $15,133 for bond-funded projects. REU's unrestricted cash
balance at the end of December was $38.7 million compared with the balance of$31.4
million at the end of December 2011.
A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Jones, to accept the Redding Electric Utility's monthly financial report for December
2012. The Vote: Unanimous Ayes
02/19/2013 .
194
9.5(b). Redding Regional Science Bowl
. [A-050-l25/A-050-060]
Electric Manager Patrick Keener highlighted the Report to City Council (staff report)
dated February 6, 2013, incorporated herein by reference, announcing the upcoming
Redding Regional Science Bowl on Saturday, February 23,2012, between 9:00 a.m. and
5:00 p.m., at Simpson University, and encouraged the Council and the community to
attend.
Mr. Keener explained that the Redding Electric Utility (REU) hosts the annual event, I
which is a highly challenging and technical question-and-answer competition between
some of the brightest high school minds in Northern California. He explained that this
year, 22 teams representing 10 high schools from Shasta, Trinity, Lassen, and Butte
Counties are scheduled to vie for a chance to win an all-expense paid trip to Washington,
D.C., to compete in the National Science Bowl April 25-29, 2013.
The City Council took no action on this informational item.
COUNCIL TRAVEL REPORTCS)
City Council Member attendance at conferences/meetings reimbursed at City expense
{Requirement of Assembly Bill l234}
[A-050-060]
Council Members Cadd and McArthur attended the League of California Cities Sacramento
Valley Division Membership Meeting on February 8,2013, in Citrus Heights, California.
POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS
[L-040]
At Council Member McArthur's suggestion, a consensus of the Council directed staff to bring
back an agendized item for Council discussion at a future meeting relative to proposed state
legislation that would re,quire bills to be in print for a minimum of three days before the
Legislature could vote on them.
CLOSED SESSION
At the hour of 8:27 p.m., Mayor Bosetti announced that Council would adjourn to Closed
Session.
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At the hour of 9:03 'p.m., Mayor Bosetti reconvened the Regular Meeting to Open Session and
reported that in reference to:
l2A. Closed Session pursuant to California Government Code Section 54957.6:
CONFERENCE \VITH LABOR NEGOTIATOR _
Designated Agency Representative: Personnel Director DeMaagd
Em.ployee Organization: Local Union 1245 ofInternational Brotherhood of Electrical
Workers AFL-CIO - Maintenance Employees -
[P-100-050-070]
The City Council ~ook ne reportable action.
l2B. Closed Session pursuant to California Government Code Section 54956.9(a):
CONFERENCE \VITH LEGAL COUNSEL - EXISTING LITIGATION
l,F. Shea O)1lstru~tion, Inc. v. City of Redding, et a1., Shasta County Superior Court
Case No. i 67806
[L-I00]
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The City Council took no reportable action.
02/19/2013
195
12C. Closed session pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property generaily located in the area of Boulder Creek
Assessors Parcel Nos.: 113-300-029; 116-180-005; 116-180-004
Agency Negotiators: Bob Martin of Martin Appraisal & Acquisition Company
Negotiating Parties: City of Redding and R.M.P., LLC; Green & Green Investments
LLC; and Susan T. Shuirman
Under Negotiation: Price and Terms - Easements for the Boulder Creek Interceptor Project
[C-070-0l0]
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The City Council took no reportable action.
12D. Closed Session pursuantto California Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
International Brotherhood of Electrical Workers (IBEW) Local 1245 v. City of Redding,
Shasta County Superior Court Case No. 169985: Court of Appeal, Third Appellate
District Case No. C0667709
[L-1 00/P-1 00-050-070]
The City Council took no reportable action.
ADJOURNMENT
There being no further business, Mayor Bosetti dec1are4 the meeting adjourned at the hour of
9:04 p.m.
APPROVED:
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~~ct,- ~CJJ2
RICk Bosetti, Mayor
-
ATTEST:
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02/19/2013