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HomeMy WebLinkAboutMinutes - City Council - 2014-05-20 67 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California May 20, 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, Assistant City Manager/Electric Utility Director Barry Tippin, City Attorney Rick Duvernay, Public Works Director Brian Crane, Development Services Director Bill Nagel, Deputy City Manager Greg Clark, City Clerk Pamela Mize, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: Personnel Director Sheri DeMaagd, 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 Julie Winters. The Invocation was provided by Mayor Rick Bosetti. PRESENTATIONS 2A. Mayor's Proclamations (2) to Redding Police Officer Jason Rhoads and Redding Fire Captain Michael Blair, Redding Exchange Club's 2013 Police Officer and Fire Fighter of the Year [A-050-060-600/A-050-140/A-050-270] On behalf of the City Council, Mayor Bosetti presented Mayoral Proclamations to Redding Police Officer Jason Rhoads and Redding Fire Captain Michael Blair, Redding Exchange Club's 2013 Police Officer and Fire Fighter of the Year. 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 April 15, 2014; Special Meeting of April 21, 2014; and Regular Meeting of May 6, 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. 21, for the period of May 1, 2014, through May 15, 2014, for a total of $4,197,980.83, for check numbers 920768 through 921291, inclusive, ACH Transfer numbers 10991 through 11018 inclusive, and Wire Transfer numbers 5026 through 5029, inclusive; Payroll Register No. 23, for the period April 27, 2014, through May 10, 2014, in the amount of $2,621,858.61, for electronic deposit transaction numbers 368810 through 369703, inclusive, and check numbers 555312 through 555359, inclusive; SUMMARY TOTAL: $6,819,839.44. 4.2(b). Letter of Support — Senate Bill 1451 Relating to California Environmental Quality Act(CEQA)Document Review [L-040-300] It is the recommendation of the Deputy City Manager that the City Council authorize the Mayor to send a letter in support of Senate Bill 1451 which would make changes to the public comment period in the CEQA process. 4.2(c). MOVED TO REGULAR CALENDAR ITEM 9.2(c) AT COUNCIL MEMBER MCARTHUR'S REQUEST Letter of Opposition — Assembly Bill 2188 Pertaining to Residential Solar Power Permits 05/20/2014 68 4.3(a). License Agreements with the Experimental Aircraft Association and Benton Field Aviation Services, dba Hillside Aviation -Aviation Day 2014 at the Benton Airpark [A-070-080/A-090-100] It is the recommendation of the Support Services Director that the City Council authorize the Mayor to execute License Agreements with the Experimental Aircraft Association and Benton Field Aviation Services, dba Hillside Aviation to hold Aviation Day 2014 at Benton Airpark on Sunday,June 15, 2014. 4.3(b). Amended and Restated Air Travel Bank (ATB) Partner Agreement and the Amended and Restated Redding ATB and Revenue Guarantee Fund Agreement (C-5980) — Community Airline Incentive Initiative [A-090] It is the recommendation of the Support Services Director that the City Council authorize the City Manager, or his designee, to execute the Amended and Restated Air Travel Bank (ATB) Partner Agreement and the Amended and Restated Redding ATB and Revenue Guarantee Fund Agreement (C-5980) and all subsequent documentation necessary to extend the program to June 1, 2015. 4.5(a). Acceptance of Bid as Satisfactorily Complete —Bid Schedule No. 4617, Eureka Way Substation Communications Tower [B-050-020/E-090-140-475] It is the recommendation of the Electric Utility Director that the City Council accept Bid Schedule No. 4617, Eureka Way Substation Communications Tower, awarded to Bobby Martin Construction, as satisfactorily complete. Final cost was $22,185. 4.9(a). Consulting and Professional Services Agreement with Innovative Technologies, Ltd - Integrated Public Safety System (IPSS) Records Management Upgrade Project [P-150-150] It is the recommendation of the Chief of Police that the City Council approve the Consulting and Professional Services Agreement with Innovative Technologies, Ltd in the amount of$199,800 for consulting services in support of the Integrated Public Safety System Records Management Upgrade Project. 4.11(a).Award of Bid - Bid Schedule No. 4642 (Job No. 5331), Clear Creek Wastewater Treatment Plant 2014 Sludge Dredging Project [B-050-020/W-010-450] It is the recommendation of the Public Works Director that the City Council authorize the following action relative to Bid Schedule No. 4642 (Job No. 5331), Clear Creek Wastewater Treatment Plant 2014 Sludge Dredging Project: (1) award the Bid to California Dredging Co. in the amount of $64,925 for dredging sludge (solids) from Pond 5A to Pond 2 at the Clear Creek Wastewater Treatment Plant; (2) approve an additional $15,000 to cover the cost of administration and inspection fees; (3) approve $6,500 to provide construction contingency funding; and (4) authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $6,500, for a total of$92,925. 4.11(b).Rejection of Single Bid - Bid Schedule No. 4616 (Job No. 2434), Foothill 6 MG Reservoir Repair Project [B-050-020] It is the recommendation of the Public Works Director that the City Council authorize the rejection of a single bid received from DN Tanks, Inc. in the amount of$414,855 for Bid Schedule No. 4616 (Job No. 2434), Foothill 6 MG Reservoir Repair Project as only $200,000 in Water Utility funding was budgeted for this project for Fiscal Year 2013-14. 4.11(c).Grant Application - Submittal to the State's Active Transportation Program (ATP), administered by the California Department of Transportation (Caltrans) for Roadway Improvements along Placer and Browning Streets [G-100-170] It is the recommendation of the Public Works Director that the City Council authorize the submission of an application for grant funding from the State's ATP, administered by Caltrans, for roadway improvements along Placer and Browning Streets. 05/20/2014 69 4.15(a).Resolution - Approving California State Association of Counties - Excess Insurance Authority Workers'Compensation Program(CSAC-EIA)(C-4633) [R-100-950] It is the recommendation of the Personnel Director that the City Council adopt Resolution No. 2014-054, a resolution of the City Council of the City of Redding approving the California State Association of Counties - Excess Insurance Authority Workers' Compensation Program (CSAC-EIA) as the City's excess workers' compensation insurance provider for Fiscal Year 2014-15 and delegating the City Manager, or his designee, to act on behalf of the City and enter into agreements for as long as the City is a member of the Joint Powers Agreement with CSAC-EIA (C- 4633). A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized 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 No. 2014-054 is on file in the Office of the City Clerk. PUBLIC HEARINGS,PETITIONS,AND PROTESTS 6.1. Public Hearing—Proposed Formation of Landscape Maintenance District (LMD) 01- 14(Hidden Hills, Units 1-3); and Resolution—Confirming Maps and Levying Assessments for Fiscal Year 2014-15 [A-170-075-096] Public Works Director Crane highlighted the Report to City Council (staff report) dated May 14, 2014, incorporated herein by reference, and recommended that the City Council conduct a Public Hearing and, upon conclusion, if a majority of ballots are in favor, adopt a Resolution: (1) confirming the results of the election; (2) ordering the formation of territory into LMD 01-14 (Hidden Hills, Units 1-3) for Fiscal Year 2014-15; (3) confirming the assessments contained in the Engineer's Report for said District; and (4) approving the Annual Assessments for Fiscal Year 2014-15; and, if a majority of ballots are in opposition, do not adopt the resolution; direct staff to meet with the affected property owners and return to the Council, as necessary, with a plan to eliminate and/or greatly reduce landscape maintenance and related costs in Hidden Hills, Units 1-3. The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider the formation of LMD 01-14 for the Hidden Hills, Units 1-3. The Affidavit of Publication—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 instructed the City Clerk to tabulate the ballots. Following tabulation, City Clerk Mize announced the ballot results as follows: of 104 mailed ballots, 65 were received (one (1) deemed ineligible), of which 36 opposed formation and 28 favored formation; accordingly, a majority of the property owners did not favor formation of LMD 01-14 and it may not proceed. Mayor Bosetti directed staff to meet with the affected property owners and return to the Council as necessary, with a plan to eliminate and/or greatly reduce landscape maintenance and related costs in Hidden Hills, Units 1-3. 05/20/2014 70 6.2. Public Hearing—Proposed Formation of Landscape Maintenance District (LMD) 02- 14 (Ridgeview Units 1-2, White Hawk Units 1 and 3, White Hawk Unit 2 and Westside Estates, Cumberland Heights, Country Heights Unit 16-Phase 1, and Ridgeview Units 3-6)(Westside); and Resolution—Confirming Maps and Levying Assessments for Fiscal Year 2014-15 [A-170-075-097] Council Member Cadd recused himself and left the room due to property ownership within the proposed LMD. Public Works Director Crane highlighted the Report to City Council (staff report) dated May 9, 2014, incorporated herein by reference, and recommended that the City Council conduct a Public Hearing and, upon conclusion, if a majority of ballots are in favor, adopt a Resolution: (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 02-14; and (4) approving the annual assessments in the amount of $69.58 for Fiscal Year 2014-15 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and the levy and collection of the same for Fiscal Year 2014-15; and, if a majority of ballots are in opposition, do not adopt the resolution; direct staff to meet with the affected property owners and return to the Council, as necessary, with a plan to eliminate and/or greatly reduce landscape maintenance and related costs in Ridgeview Units 1- 2, White Hawk Units 1 and 3, White Hawk Unit 2 and Westside Estates, Cumberland Heights, Country Heights Unit 16-Phase 1, and Ridgeview Units 3-6. The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider the formation of LMD 02-14 for Ridgeview Units 1-2, White Hawk Units 1 and 3, White Hawk Unit 2 and Westside Estates, Cumberland Heights, Country Heights Unit 16-Phase 1, and Ridgeview Units 3-6. The Affidavit of Publication— 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. Dick Fyten supported formation of LMD 02-14 and opined that he would like to be a part of a review committee to review the various landscaper contracts as he does not agree with the City's current contracted vendor. Mayor Bosetti determined that no one else present wished to address this matter, closed the public hearing, and requested that the ballots be tabulated. Following tabulation, City Clerk Mize announced the ballot results as follows: of 451mailed ballots, 274 were received (one (1) invalid), of which 109 opposed formation and 164 favored formation; accordingly, a majority did favor formation of LMD 02-14 and it may proceed. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2014-057: (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 02-14; and (4) approving the annual assessments in the amount of $139.07 for Fiscal Year 2014-15 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and the levy and collection of the same for Fiscal Year 2014-15. The Vote: AYES: Council Members—Jones, McArthur, Sullivan, and Bosetti NOES: Council Members - None ABSTAIN: Council Members - Cadd ABSENT: Council Members - None Resolution No. 2014-057 is on file in the Office of the City Clerk. 05/20/2014 71 Council Member Cadd returned to the Council Chambers following the above discussion and vote. 6.3. Public Hearing and Resolution—To Consider the Proposed General Plan Amendment Application (GPA-2014-00421), Adoption of an Addendum to the Mitigated Negative Declaration, and Approval of the 2014-19 Draft Housing Element [G-030-070] Development Services Director Nagel summarized the Report to City Council (staff report) dated May 8, 2014, incorporated herein by reference, and recommended that the City Council conduct a public hearing and, upon conclusion: (1) approve the 2014-19 Housing Element Update; and (2) adopt a resolution adopting an Addendum to the Housing Element Mitigated Negative Declaration and amending the Housing Element. Mr. Nagel explained that the resolution language was inadvertently left out of the staff report recommendation, however, the necessary action required by state law is to adopt a resolution. The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider the Addendum to the Housing Element Mitigated Negative Declaration and amending the Housing Element. The Affidavit of Publication—Notice of Public Hearing is on 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. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to: (1) approve the 2014-19 Housing Element Update; and (2) adopt Resolution No. 2014-055, a resolution of the City Council of the City of Redding adopting an Addendum to the Housing Element Mitigated Negative Declaration and amending the Housing Element. 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. 2014-055 is on file in the Office of the City Clerk. 6.4. Public Hearing — U.S. Department of Justice (DOJ) 2014 Edward Byrne Memorial Justice Assistance Grant(JAG)Application and Proposed Spending Plan [G-100-070/P-150-150] Chief of Police Paoletti summarized the Report to City Council (staff report) dated May 8, 2014, incorporated herein by reference, and recommended that the City Council conduct a Public Hearing and, upon conclusion, approve submission of an application and proposed Spending Plan for a U.S. DOJ 2014 Edward Byrne Memorial JAG in the amount of $60,083 to support the Integrated Public Safety System. At the hour of 6:00 p.m., Mayor Bosetti opened the public hearing to consider the proposed application. The Affidavit of Publication— Notice of Public Hearing is on 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. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member McArthur, to approve submission of an application and proposed spending plan for a U.S. Department of Justice 2014 Edward Byrne Memorial Justice Assistance Grant in the amount of $60,083 to support the Integrated Public Safety System. The Vote: Unanimous Ayes. 05/20/2014 72 REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS AND COMMI'TEES 9.2(a). 2013-14 Grant - Indian Gaming Local Community Benefit Committee; and Resolution - 23rd Amendment to City Budget Resolution No. 2013-061 [B-130-070/G-100-170/B-080-650-639] Deputy City Manager Clark provided an overview of the Report to City Council (staff report) dated May 6, 2014, incorporated herein by reference, and recommended that the City Council: (1) accept 2013-14 grant funding in a total amount of $139,000 from the Indian Gaming Local Community Benefit Committee (LCBC) for the following: (a) $40,000 for the Redding Police Department to pay for approximately 850 hours of an investigator's time directly attributable to financial crimes associated with Win-River Casino; (b) $50,000 to the Redding Fire Department to develop a heavy-vehicle training site on vacant City property adjacent to Fire Station No. 6 at Beltline and Oasis Roads; and (c) $49,000 for the South Redding Bikeway and Pedestrian Path Design Project for engineering and design toward improvements necessary to address safety concerns of non-motorized modes of travel from nearby City of Redding neighborhoods to Win-River Casino; and (2) adopt a resolution approving the 23rd Amendment to City Budget Resolution No. 2013-061 appropriating$139,000 of said grant funds. Council Member Jones thanked the LCBC for granting the funds to the City. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd to accept three 2013-14 grants totaling $139,000 from the Indian Gaming Local Community Benefit Committee; and adopted Resolution No. 2014-056 approving the 23rd Amendment to City Budget Resolution No. 2013-061 appropriating $139,000 of grant funds for financial crimes enforcement, heavy-vehicle training site development, and South Redding bikeway and pedestrian path design for Fiscal Year 2013-14. 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. 2014-056 is on file in the Office of the City Clerk. 9.2(c) MOVED FROM THE CONSENT CALENDAR AT COUNCIL MEMBER MCARTHUR'S REQUEST Letter of Opposition — Assembly Bill (AB) 2188 Pertaining to Residential Solar Power Permits [L-040-300] Deputy City Manager Clark summarized the Report to City Council (staff report) dated May 9, 2014, incorporated herein by reference, and recommended that the City Council authorize the Mayor to send a letter opposing AB 2188 which would require the City to adopt a special, expedited permitting procedure for residential solar installations. Council Member McArthur explained that she requested this item be brought before the City Council to query the Council as to their thoughts relative to the legislation language. She opined that philosophically, Sacramento is usually a stumbling block by slowing progress, however, it appears the intent of this legislation is to speed up the process. A discussion amongst the Council ensued. Following additional information by staff, the Council agreed that, as proposed, AB 2188 includes requirements that do not leave enough funding or time for City staff to complete the necessary reviews for the proposed special, expedited permitting procedure for residential solar installations. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Cadd, to authorize the Mayor to send a letter opposing Assembly Bill 2188 which would require the City to adopt a special, expedited permitting procedure for residential solar installations. The Vote: Unanimous Ayes. 05/20/2014 73 9.5(b). Electric Utility's Monthly Financial Report - March 2014 [B-130-070] Electric Utility Director Tippin summarized the Report to City Council (staff report) dated May 1, 2014, incorporated herein by reference, and recommended that the City Council accept the Redding Electric Utility's (REU) Monthly Financial Report for March 2014. Mr. Tippin stated that billed retail revenue through March was $4,879,906 (5.2%) below projections for the nine-month period and total wholesale sales were $14,845,617 (120.6%) above projections. Overall, operating revenue through March came in $10,001,426 (9.3%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $12,134,043 (18.7%) above budget projections through March. Total operating expenses through March were $6,036,629 (23.8%) below budget. REU's net operating results for the nine-month period are positive and are $3,904,013 better than budget projections. Debt service payments to-date total $10,412,460. Capital expenditures through March were $10,049,111 for revenue-funded projects, and $926,921 for bond-funded projects. The REU unrestricted cash balance at the end of March was$40.3 million. Randal Faulkner opposed REU's electric rate discounts for Big League Dreams. A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, to accept the Redding Electric Utility's Monthly Financial Report for March 2014.The Vote: Unanimous Ayes 9.10(a).General Fund Monthly Financial Report - March 2014 [B-130-070] Finance Director Maxwell provided an overview of the Report to City Council (staff report) dated May 7, 2014, incorporated herein by reference, and recommended that the City Council accept the City's General Fund Monthly Financial Report for March 2014. Ms. Maxwell stated that total revenue to-date is $44.7 million or $2,355,498 (5.56%) above staff's cash flow projection. Expenditures at month-end, excluding encumbrances, totaled $52,122,887 or $4,635,541 (8.2%) below staffs projection. Encumbrances at month-end totaled $965,506. She noted that sales tax comprises 33% of the General Fund and property taxes comprise 25% of said fund. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to accept the City's General Fund Monthly Financial Report for March 2014. The Vote: Unanimous Ayes PUBLIC COMMENT [P-100-150/P-100-230/P-100-240] George Clarke opposed Council Members' participation in the City's health and pension programs and suggested that the City convert to paying into a contribution system such as a 401(k) pension plan and Social Security instead of Ca1PERS and Public Agency Retirement System (PARS). [A-050-060] Dolores Lucero opposed public comment being moved to the end of the Agenda and opined that three of the Council Members are against the taxpayers and should be recalled. [A-050-060/P-050-460] Casey Tesauro, West Coast Regional Coordinator for Students for Life of America, thanked the Council for access to miles of safe trails and expressed her appreciation to the City Council for its positive work within the City of Redding. [E-090-100/A-050-060] Randal Faulkner opined that local public servants have coerced together to deceive rate payers by providing electrical rate discounts for Big League Dreams. [E-090/A-050-060] Charles W. Anderson opposed the inclusion of smart meters in the Redding Electric Utility's Strategic Plan. 05/20/2014 74 [L-010-100-725/G-030-110] Dick Fyten opined that assisting Costco Wholesale with its move to Oasis Road should be expedited and a priority of the Council. [P-050] Katrina Keyes suggested that a sign listing all the activities that citizens can do in a park be placed next to the current signs that outline what activities are not allowed, thereby encouraging citizens to lead in a positive manner. She also noted that the downtown Redding's Inside Out Project website "insideoutredding.com" has received over 27,000 views and encouraged the Council and citizens to answer questions posted on the public participation board adjacent to the wall of the Market Street Steakhouse in downtown Redding. CLOSED SESSION At the hour of 7:33 p.m., Mayor Bosetti announced that the Council would adjourn to Closed Session. At the hour of 8:48 p.m., Mayor Bosetti reconvened the Regular Meeting to Open Session and reported that in reference to: 13A. Closed Session pursuant to California Government Code Section 54956.9(d)(1): CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION T.Y. Lin International, Inc. v. Onesta Corp. and LD&C, Inc. dba Levenson Development Corp.; and related cross action, LD&C, Inc. and Onesta Corp. v. T.Y. Lin International, Inc. and the City of Redding; Shasta County Superior Court Case No. 418977 [L-100] The City Council took no reportable action. 13B. Closed Session pursuant to California Government Code Section 54956.9(d(1)): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Natural Resources Defense Council (NRDC), et al. v. Jewell, et al., U.S. Court of Appeals for the Ninth Circuit, Case No. 09-17661 [L-100] The City Council took no reportable action. 13C. Closed Session pursuant to California Government Code Section 54957(a): PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager [A-050-080] The City Council took no reportable action. ADJOURNMENT There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of 8:49 p.m. APPROVED: Rick Bosetti, Mayor A FI EST: ri) b► Pamela ize, City Cl 05/20/2014