HomeMy WebLinkAboutMinutes - City Council - 2013-03-05
196
City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
March 5, 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.
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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 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 George Clarke.
The Invocation was provided by Mary Little, Redding Police Department Chaplain.
PRESENTATIONS
2A. Presentation by Goodwill Industries
[A-050-060]
Joseph R. Mendez, President of Goodwill Industries, provided an overview of its first
year as a member of the Redding community. He noted that Goodwill Industries'
mission is to help provide employment opportunities to people with disabilities and other
barriers to employment.
The City Council thanked Goodwill Industries for working collaboratively with local
agencies to help provide services to the community.
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PUBLIC COMMENT
[A-050-060/P-lOO-230]
George Clarke opposed the high costs associated with the City's employee benefit package.
[T-040-350-200]
Mathew Davison provided the Council with an update relative to the Redding Community
Access Corporation's activities and opined that Cypress Avenue should have no jay walking
signs posted.
[L-050]
Greg Mann requested that, at a future Council meeting, the City Council revisit the topic of
installation of a flagpole at the Redding Library.
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: Special Meeting of February 13, 2013; Regular Meeting of
February 19, 2013
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4.(b). Approval of Payroll and Accounts Payable Registers
[A-050-l00-500]
It is the recommendation of the Finance Director that the City Council approve Accounts
Payable Register No. 16, for the period of February 18, 2013, through February 28, 2013,
for a total of $10,962,074.18, for check numbers 909322 through 909704, inclusive,
ACH Transfer numbers 97.60 through 9801, inclusive, and Wire Transfer numbers 4423
through4432, inclusive; and Payroll Register No. 17, for the period February 3,2013,
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through February 16, 2013, in the amount of $2,517,740.69, for electronic deposit
transaction numbers 341385 through 342199, inclusive, and check numbers 553005
through 553091, inclusive; SUMMARY TOTAL: $13,479,814.87.
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4.(c). Treasurer's Report - January 2013
[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 January 2013.
Total Treasurer's Accountability $165,017,471.78
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 $205,724,074.62
4.(d). ACR133 Report and Cash Reconciliation - January 2013
[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 January 2013.
4.( e). Ordinance - Addendum to Mitigated Negative Declaration Prepared for and Amendments
to the City of Redding Zoning Map (RZ-2012-00726)
[L-010-230]
It is the recommendation of the Development Services Director that the City Council
adopt Ordinance No. 2493, an ordinance 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 (RZ-2012-00726).
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4.1 (a). Proiect Status Report - February 2013
[ A-050-080]
It is the recommendation of the City Manager that the City Council accept the Project
Status Report for February 2013.
4.2(a). Letter of Support - Assembly Constitutional Amendment (ACA) 4 and Senate
Constitutional Amendment (SCA) 10
[L-040-300]
It is the recommendation of the Deputy City Manager that the City Council authorize the
Mayor to send a letter supporting ACA 4 and SCA 10, prohibiting the state Legislature
from passing a bill until it has been made available to the public, in print and on the
internet, for at least 72 hours.
4.3(a). Seventh Amendment to Agreement to Purchase Wood Chips (C-2977) - Wheelabrator
Shasta Energy Company, Inc. (Wheelabrator)
[S-020-550]
It is the recommendation of the Support Services Director that the City Council authorize
the City Manager to sign the Seventh Amendment to Agreement to Purchase Wood
Chips (C-2977) with Wheelabrator extending the Agreement's term to June 30,2014,
at the rates and specifications set forth in the Amendment; and authorize the City
Manager to execute any future amendments which do not substantially change the nature
or scope of the services.
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4.5(a). Award of Bid - Bid Schedule No. 4530, Steel Supported, Aluminum Conductor for High
Temperature Operation
[B-050-100]
It is the recommendation of the Electric Utility Director that the City Council award Bid
Schedule No. 4530, Steel Supported, Aluminum Conductor for High Temperature
Operation, to Doubletree Systems, Inc. for a total net cost delivered price of$160,395.38,
for construction of 115kV lines for the Stillwater Business Park and East Redding, and
complete the replacement of lines between Texas Springs, Sulphur Creek, and Canby
substations.
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4.5(b). Award of Bid - Bid Schedule No. 4531, Aluminum Conductor (19 Strand)
[B-050-100]
It is the recommendation of the Electric Utility Director that the City Council award Bid
Schedule No. 4531, Aluminum Conductor (19 Strand) to Doubletree Systems, Inc. for
a total net cost delivered price of$137,481.75, thereby allowing Redding Electric Utility
to construct electrical lines for the Stillwater Business Park, East Redding, and other
distribution developments.
4.11(a).Sole-Source Equipment Purchase - Pipe Hunter Jet-Eye System
[B-050-1 00/W-01 0] I
It is the recommendation of the Public Works Director that the City Council authorize
the sole-source equipment purchase of a Pipe HunterJ et-Eye System for the maintenance
of the City of Redding wastewater collection system from Municipal Maintenance
Equipment for a price not to exceed $232,500.
4.11(b).Sole-Source Equipment Purchase - Godwin Model CD150 Trailer-MountedPump
[B-050-1 OO/W -010]
It is the recommendation of the Public Works Director that the City Council authorize
the sole-source equipment purchase of a Godwin Model CD 150 trailer-mounted pump
for emergency bypass pumping operations for the Wastewater Utility.
4.11(c).Safe Routes to School Program Funding - Pedestrian Improvements on Bidwell and
North Bonnyview Roads; and
Resolution - 49th Amendment to City Budget Resolution No. 2011-111
[G-1 00-070/B-130-070/S-070-1 00]
It is the recommendation of the Public Works Director that the City Council accept
Federal Safe Routes to School Program Funding for pedestrian improvements on Bidwell
and North Bonnyview Roads in the amount of$485,400; and adopt Resolution No. 2013-
024, a resolution ofthe City Council ofthe City of Redding approving and adopting the
49th Amendment to City Budget Resolution No. 2011-111 appropriating $485,400 for
pedestrian improvements on Bidwell and North Bonnyview Roads for in Fiscal Year
2012-13.
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A MOTION WAS MADE by Council Member Jones, seconded by Council Member
McArthur, that the foregoing items on the Consent Calendar be approved and adopted
as recommended.
The Vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti
Council Members - None
Council Members - None
Council Members - None
Ordinance No. 2493 is on file in the Office of the City Clerk.
Resolution Nos. 2013-024 is on file in the Office of the City Clerk.
PUBLIC HEARINGS, PETITIONS, AND PROTESTS
6.1
Public Hearing - Formation of Landscape Maintenance District (LMD) 01-13 - College
Highlands Subdivision, ynits 1-4 for Fiscal Year 2013-14.'
[A-170-075-095]
Public Works Director Crane summarized the Report to City Council (staff report) dated
February 21, 2013, incorporated herein by reference, and recommended that the City
Council condUl;:t a Public Hearing to consider adoption of a resolution: (1) confirming
the results of the election; (2) ordering the formation of territory into LMD 01-13 -
College Highlands Subdivision, Units 1-4 for Fiscal Year 2013-14; (3) confirming the
assessments contained in the Engineer's Report for said District; and (4) approving the
Annual Assessments for Fiscal Year 2013-14.
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The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to
consider the formation of the proposed LMD.
03/05/2013
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The Affidavit of Pub Ii cation - Notice of Public Hearing is on file in the Office of the City
Clerk.
Mayor Bosetti relayed the voting regulations and provided opportunity for comments and
submission of final ballots by affected property owners.
Mayor Bosetti determined that no one present wished to address this matter, closed the
public hearing, and requested that the ballots be tabulated.
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Following tabulation, City Clerk Mize announced the ballot results as follows: of 79
mailed ballots, 54 were received, of which 11 opposed formation, 42 favored formation,
and one unmarked ballot; accordingly, a majority favored formation ofLMD 01-13 for
Fiscal Year 2013-14 and it may proceed.
A MOTION WAS MADE by Council Member McArthur, seconded by Council
Member Sullivan, to adopt Resolution No. 2013-025, a resolution ofthe City Council of
the City of Redding: (1) confirming the results of the election; (2) confirming the
assessments contained in the Engineer's Report; (3) ordering the formation of territory
into a Landscape Maintenance District to be known as Landscape Maintenance District
01-13; and (4) approving the annual assessments for Fiscal Y ear2013-14 pursuantto the
Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets
and Highways Code and the levy and collection for the same for Fiscal Year 2013-14.
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. 2013-025 is on file in the Office of the City Clerk.
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REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS.
BOARDS. COMMISSIONS AND COMMITTEES
9 .1 (b). Ordinance - Second Amendment to the Development Agreement (C-5136) with Palomar
Builders, Inc., and MCG LP - Highland Park Tentative Subdivision Map S-18-05 and
Planned Development PD-9-05
[S-1 01-1 02/L-Ol 0-211-022]
City Manager Starman highlighted the Report to City Council (staff report) dated
February 20, 2013, incorporated herein by reference, and recommended that the City
Council introduce an Ordinance approving the Second Amendment to the Development
Funding Agreement by and between the City of Redding and Palomar Builders, Inc., and
MCG LP relative to the development known as Highland Park Tentative Subdivision
Map S-18-05 and Planned Development PD'-9-05, pertaining to the scheduling of park
design and construction improvements and clarifying the Developer's financial
obligations.
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A MOTION WAS MADE by Council Member Cadd, seconded by Council Member
Sullivan, to introduce for first reading by title only and waive the full reading of
Ordinance No. 2494, an uncodified ordinance of the City Council ofthe City of Redding
approving the Second Amendment to the Development Funding Agreement with
Palomar Builders, Inc., and MCG LP (C-5136) relative to the development known as
Highland Park Tentative Subdivision Map S-18-05 and Planned Development PD-9-05,
pertaining to the scheduling of park design and construction improvements and clarifying
the Developer's financial obligations.
The Vote:
. AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti
Council Members - None
Council Members - None
Council Members - None
City Attorney Duvernay read the full title of Ordinance No. 2494.
03/05/2013
200
9.11(d).Sole-Source Agreement - Nichols Melburg & Rossetto (NMR) - Redding Police
Department Relocation to City Hall Campus; and
Resolution - 50th Amendment to City Budget Resolution No. 2011-111
[B-050-100/B-130-070/C-050-025]
Public Works Director Crane provided an overview of the Report to City Council (staff
report) dated February 2 8, 2013, incorporated herein by reference, and recommended that
the City Council: (1) authorize staff to negotiate and the Mayor to execute an agreement
with NMR for a not-to-exceed fee of$616,500; (2) adopt a resolution approving the 50th
Amendment to City Budget Resolution No. 2011-111 appropriating $990,000 in bond
proceeds for design services, environmental clearance, permitting and fees, and a I
contingency; and (3) authorize the City Manager to approve contract amendments up to
$30,000.
A discussion amongst the Council ensued.
Council Member Jones opposed the City incurring more debt and moving the Redding
Electric Utility (REU) out of City Hall with little discussion. .
Council Member Cadd opined that proceeds from the sale of the California Street
property where the current Police Station now sits, be designated to assist REU with its
moving expenses, and that the City's allocation cap of $7.4 million be adhered to.
A MOTION WAS MADE by Council Member McArthur, seconded by Council
Member Sullivan, to (1) authorize staff to negotiate and the Mayor to execute, an
agreement with NMR for a not-to-exceed fee of $616,500; (2) adopt Resolution No.
2013-026, a resolution of the City Council of the City of Redding approving and
adopting the 50th Amendment to City Budget Resolution No. 2011-111 appropriating
$990,000 in bond proceeds for design services, environmental cle,arance, permitting and
fees, and a contingency; and (3) authorize the City Manager to approve contract
amendments up to $30,000.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, McArthur, Sullivan, and Bosetti
Council Members - Jones
Council Members - None
Council Members - None
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Resolution No. 2013-026 is on file in the Office of the City Clerk.
JOINT MEETING OF THE CITY COUNCIL AND THE REDDING MUNICIPAL
LIBRARY BOARD'OF TRUSTEES
At the hour of6:46 p.m., Mayor Bosetti and President Jones convened the Joint Meeting ofthe
Redding City Council and Redding Municipal Library Board of Trustees (RMLB).
City Council Ordinance - Amending Speech Activity Regulations at the Redding Municipal
Library and Distribution of Handbills Citywide to Conform Redding Municipal Code (RMC) to
Third District Court of Appeal Rulings
(C-110-100)
RMLB Resolution repealing the Outdoor Public Forum Policy
(L-050-500)
City Attorney Duvernay summarized the Joint Report to the City Council and Redding Library
Board of Trustees (staff report) dated February 21,2013, incorporated herein by reference, and
recommended that the City Council adopt an Ordinance amending regulations related to speech
activity at the Redding Municipal Library and distribution of hand bills citywide to conform the
Redding Municipal Code (RMC) to rulings issued by the Third District Court of Appeal. .
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Further, Mr. Duvernay recommended that the RMLB adopt a resolution rescinding Board of
Trustees Resolution No. 2011-1 and repealing the Outdoor Public Forum Policy.
03/05/2013
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Gregg Mann, Suann Prigmore, and the Reverend Bryant Williams III supported th~
recommendations but expressed dissatisfaction with the City's decision to defend the policy and
the loss of tax payer monies for legal expenses.
A discussion among Council/Board Members ensued.
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A CITY COUNCIL MOTION WAS MADE by Council Member Cadd, seconded by Council
Member Sullivan, to introduce for first reading by title only and waive the full reading of
Ordinance No. 2495, an ordinance of the City Council of the City of Redding amending Title 2
(Administration and Personnel), Chapter 2.42 (Redding Municipal Library), Section 2.42.120
(Library Regulations) by amending Subsection 2.42.120.A.5 relating to prohibited activity at the
Redding Municipal Library, and amending Title 6 (Business Taxes, Licenses and Regulations),
Chapter 6.36 (Handbills) by repealing Sections 6.36.060, 6.36.080 and 6.36.100 all to conform
with Appellate Court Rulings in the ACLU, et al. v. City, and Prigmore, et al. v. City legal
challenge to the constitutionality of these Code Sections.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cadd, Jones, McArthur, Sullivan, and Bosetti
Council Members - None
Council Members - None
Council Members - None
City Attorney Duvernay read the full title of Ordinance No. 2495.
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A RMLB MOTION WAS MADE by Board Member McArthur, seconded by Board Member
Bosetti, adopting Resolution No. 2013-01, a resolution of the Redding Municipal Library Board
of Trustees, rescinding Board of Trustees Resolution No. 2011-01 and repealing the Outdoor
Public Forum Policy.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Board Members - Bosetti, Cadd, McArthur, Sullivan, and Jones
Board Members - None
Board Members - None
Board Members - None
Redding Municipal Library Board of Trustees Resolution No. 2013-01 is on file in the Office of
the City Clerk.
At the hour of7:02 p.m., Mayor Bosetti and President Jones adjourned the Joint Meeting of the
City Council and the Redding Municipal Library Board of Trustees.
COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conferences/meetings reimbursed at City expense
{Requirement of Assembly Bill 1234}
[A-050-060]
Council Member Cadd attended the League of California Cities' 2013 Planning Commissioners'
Academy in Pasadena, California, February 27,2013, through March 1,2013.
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POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS
[A-050-060/ A-050-150-150]
At Council Member McArthur's suggestion, it was the consensus of the City Council to direct
staff make a presentation of the City's Fleet Inventory to the Council for discussion of current,
policy.
[A-050-060/ A-050-060-55~]
At Council Member Cadd's suggestion, it was the consensus of the City Council to discuss a
potential Council Policy creating meeting rules of order.
CLOSED SESSION
At the hour of 7:14 p.m., Mayor Bosetti announced that Council would adjourn to Closed
Session.
At the hour of7:25 p.m" Mayor Bosetti reconvened the Regular Meeting to Open Session and
reported that in reference to:
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12A. Closed Session pursuant to 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 authorized the City Manager to execute a Settlement Agreement with
IBEW to settle pending litigation. The details of settlement are available for inspection
in the Office of the City Clerk. The essential terms are that for both IBEW' s Electric and I
Maintenance Units, the City will recognize the previous retiree health plan formula in
place as a vested benefit for those employees hired prior to the implementation of two
tier formulas consistent with the opinion issued by the State of California Third
Appellate District Court of Appeal.
ADJOURNMENT
There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of
7:26 p.m.
APPROVED:
l3:'f: ~
Rick Bosetti, Mayor
ATTEST:
<jJ~~
Pamela Mlze, City erk
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03/05/2013