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HomeMy WebLinkAboutMinutes - City Council - 2013-05-07 224 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California • May 7, 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, Assistant City Clerk Teresa Rudolph, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: City Treasurer Allyn Clark, Personnel Director Sheri DeMaagd, Support Services Director Rod Dinger, Fire Chief Kevin Kreitman, Interim Finance Director Dennice Maxwell,Community Services Director Kimberly Niemer,and Chief of Police Robert Paoletti. The Pledge of Allegiance to the Flag was led by Kent Dagg. The Invocation was provided by Tom Nelson, Redding Police Department Chaplain. PRESENTATIONS 2A. Mayor's Proclamations(2)-Redding Exchange Club's 2012 Police Officer of the Year Jared Hebert and 2012 Fire Fighter of the Year Timothy Wedan [A-050-060-600/A-050-140/A-050-270] Mayor Bosetti presented Proclamations to Redding Police Officer Jared Hebert and Fire Engineer Timothy Wedan, Redding Exchange Club's 2012 Police Officer and Fire Fighter of the Year,and thanked them for their hard work, service,and dedication to the City of Redding and its citizens. PUBLIC COMMENT [A-050-060-555/P-100-240] George Clarke opined that the City Council should follow its own Council Policy No. 411 - Fiscal Impact Statements. [E-090-100] Greg Washburn voiced opposition to the added network access charge on his monthly utility bill. [A-050-050] Greg Mann indicated that he would no longer utilize the public comment portion of the agenda to voice his dissatisfaction with the City Attorney's performance,however,he will be gathering signatures from the community on the matter. [A-050-060] Joseph Greydanus opined the City Council is not fulfilling its obligations to the community. [A-050-050/A-090-100] Dolores Lucero expressed dissatisfaction with the City Attorney's performance and opposed the City Council's approval of the Letter of Intent with Ventura County relative to the Unmanned Aircraft Systems test site. [B-130] Gary Hollahan opposed the City Council furthering its indebtedness for non-priority issues. 05/07/2013 225 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 March 28, 2013; Regular Meeting of April 2, 2013; Regular Meeting of April 16, 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. 20, for the period of April 15,2013,through April 30,2013, for a total of$12,479,815.65, for check numbers 910742 through 911208, inclusive, ACH Transfer numbers 9926 through 9979, inclusive, and Wire Transfer numbers 4475 through 4516,inclusive;Payroll Register No.21,for the period March 31,2013,through April 13, 2013, in the amount of $2,478,155.40, for electronic deposit transaction numbers 344626 through 345456,inclusive,and check numbers 553290 through 553345, inclusive; and Payroll Register No. 22, for the period April 14, 2013, through April 27, 2013, in the amount of $2,586,217.83, for electronic deposit transaction numbers 345457 through 346285,inclusive,and check numbers 553346 through 553435, inclusive; SUMMARY TOTAL: $17,544,188.88 4.(c). Treasurer's Report- March 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 March 2013. Total Treasurer's Accountability - $162,689,162.33 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 - $202,491,752.68 4.(d). ACR133 Report and Cash Reconciliation- February 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 February 2013. 4.(e). ACR133 Report and Cash Reconciliation- March 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 March 2013. 4.(f). Ordinance-Establishing Angle Parking on the South Side of Sacramento Street between Oregon Street and Railroad Avenue [C-110-100/P-030-160] It is the recommendation of the Public Works Director that the City Council adopt Ordinance No.2496,an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 11 - Vehicles and Traffic, Chapter 24 - Stopping, Standing,and Parking by amending Section 11.24.060-Angle Parking to establish angle parking on the south side of Sacramento Street between Oregon Street and Railroad Avenue. 4.(g). Ordinance- Relating to Parking Meter Hoods [C-110-100/P-030-240-300] It is the recommendation of the Public Works Director that the City Council adopt Ordinance No.2497,an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 11 Vehicles and Traffic,Chapter 11.28-ParkingMeters by amending Sections 11.28.090 through 11.28.120 and 11.28.140 and adding new Section 11.28.095 - Hood- Courthouse or Jail-Related Law Enforcement Transport Activity. 4.1(a). Project Status Report-April 2013 [A-050-080] It is the recommendation of the City Manager that the City Council accept the Project Status Report for April 2013. 05/07/2013 226 4.3(a). License Agreements(2)-Experimental Aircraft Association and Benton Field Aviation Services, dba Hillside Aviation [A-070-080/A-090-020] It is the recommendation of the Support Services Director that the City Council approve the License Agreements (C-3100) with the Experimental Aircraft Association and Benton Field Aviation Services, dba Hillside Aviation, and authorize the Mayor to execute said Agreements, to hold Aviation Day 2013, on June 16, 2013, at the Benton Airpark 4.3(b). Letter of Agreement - Redding Federal Aviation Administration Contract Tower, operated by Serco Management Services [F-200/A-090-100] It is the recommendation of the Support Services Director that the City Council approve the Letter of Agreement with the Redding Federal Aviation Administration Contract Tower,operated by Serco Management Services,which establishes standard procedures for opening and closing the runways at Redding Municipal Airport, and authorize the City Manager or his designee to execute said Agreement. 4.6(a). Assignment and Assumption Agreement-Hilltop Hotel Business Improvement District's Supplemental Landscape Maintenance Contract (C-5755) to the Shasta Cascade Wonderland Association [A-170-015-003] It is the recommendation of the Community Services Director that the City Council authorize the Mayor to execute the Assignment and Assumption Agreement assigning all rights and interest in the Hilltop Hotel Business Improvement District's Supplemental Landscape Maintenance Contract (C-5755) to the Shasta Cascade Wonderland Association. 4.6(b). Grant-Department of Resources Recycling and Recovery Tire-Derived Project Program; and Resolution- 55th Amendment to City Budget Resolution No. 2011-111 [G-100-170/B-130-070] It is the recommendation of the Community Services Director that the City Council accept a grant from the Department of Resources Recycling and Recovery in the amount of $101,734 for a Tire-Derived Project Program to install rubber mulch at various landscaped median locations within the City; and adopt Resolution No. 2013-042, a resolution of the City Council of the City of Redding approving and adopting the 55th Amendment to City Budget Resolution No. 2011-111 appropriating$101,730 in Fiscal Year 2012-13. 4.8(a). Grant - Department of Homeland Security, Federal Emergency Management Agency Grant Programs Directorate; and Resolution- 54th Amendment to City Budget Resolution No. 2011-111 [G-100-070/B-130-070/P-150-070] It is the recommendation of the Fire Chief that the City Council accept a grant from the Department of Homeland Security, Federal Emergency Management Agency Grant Programs Directorate in the amount of$401,910 for the replacement of self-contained breathing apparatus;and adopt Resolution No.2013-043,a resolution of the City Council of the City of Redding approving and adopting the 54th Amendment to City Budget Resolution No.2011-111 appropriating$502,400($401,910 grant and$100,490 match) in Fiscal Year 2012-13. 4.11(a).Award of Bid - Bid Schedule No. 4526 (Job No. 2397), South Bonnyview Bridge Approach Slab Repair Project [B-050-020/S-070-050-450] It is the recommendation of the Public Works Director that the City Council: (1) award Bid Schedule No.4526(Job No.2397),South Bonnyview Bridge Approach Slab Repair Project,to Shasta Constructors,Inc.in the amount of$286,000;(2)approve an additional $79,000 to cover the cost of administration and inspection fees;and(3)approve$28,600 to provide construction contingency funding. Total: $393,600. 05/07/2013 227 A MOTION WAS MADE by Council Member Sullivan,seconded by Council Member McArthur, 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 Ordinance Nos. 2496 and 2497 are on file in the Office of the City Clerk. Resolution Nos. 2013-042 and 2013-043 are on file in the Office of the City Clerk. PUBLIC HEARINGS, PETITIONS, AND PROTESTS 6.1 Public Hearing; and Resolution-Accepting Action Plan for 2013-14 and Funding Recommendations relative to the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HIP) Program [G-100-030-100/G-100-030-058/G-100-075] Deputy City Manager Clark summarized the Report to City Council(staff report)dated April 26,2013,incorporated herein by reference,and recommended that the City Council conduct a Public Hearing,and,upon conclusion,adopt a resolution accepting the Action Plan for 2013-14(Action Plan) and funding recommendations relative to the CDBG and HIP Programs. The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider the proposed Action Plan and Funding Recommendations. The Affidavit of Publication-Notice of Public Hearing is on file in the Office of the City Clerk. Mr. Clark noted that two letters of protest were received relative to People of Progress' (POP) funding request. He explained that the Community Development Advisory Committee (CDAC) received presentations from eight public service applicants, requesting funds in the amount of$236,000, although only$96,000 was available. Council Member Sullivan disclosed that while she serves on the Shasta Women's Refuge &Family Justice Center's Board of Directors, she has no conflict which would prohibit her voting on this matter. Abu Bakr, Rod Brayfindley, Ann Corrin, Emily Young, and Mary Stegall favored the City providing funds for POP. Melinda Brown, Executive Director for POP, referred to POP's letter dated April 25, 2013, incorporated herein by reference, and requested that the city continue providing POP with funding, either through CDBG or an alternate funding source. In response to Council Member Sullivan,Ms. Brown stated that POP needs$20,000 to keep its doors open to the needy. Joseph Greydanus opposed government handouts. George Clarke opined that Redding,by becoming a Charter City, could become a more business friendly community by lowering impact fees and electric rates and ultimately helping the unemployed by supplying jobs. Mayor Bosetti determined that no one else present wished to address this matter and closed the public hearing. A discussion amongst the Council ensued. 05/07/2013 228 In response to the City Council,City Manager Starman noted that ultimately the decision for funding rests with the City Council, as CDAC is an advisory committee. In response to Council Members McArthur and Bosetti, Mike Reed, Chairperson for CDAC,stated the Committee listened to all the presentations,then ranked and discussed how best to allocate the available funding. He stressed that CDAC's recommendation to the City Council was unanimous. Council Members Sullivan and McArthur cautioned against overruling an advisory committee's recommendation to the City Council. A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur,to adopt Resolution No.2013-044,a resolution of the City Council of the City of Redding accepting the Action Plan for 2013-14 and authorizing the City Manager,or his designee, to sign all the necessary documents and submit the Action Plan to the U.S. Department of Housing and Urban Development. 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. 2013-044 is on file in the Office of the City Clerk. 6.2 Public Hearing - City of Redding as Successor Housing Agency (SHA) to the former Redding Redevelopment Agency(RRA) Sale of Properties Located at 2968, 2982, and 2996 Leland Avenue to Providence International Enterprises, Inc. [R-030-606/C-070-200] Deputy City Manager Clark highlighted the Report to City Council (staff report) dated April 26,2013,incorporated herein by reference,and recommended that the City Council conduct a Public Hearing,and,upon conclusion,in its role as SHA to the former RRA, approve the sale of the properties located at 2968, 2982, and 2996 Leland Avenue (Assessor's Parcel Numbers 104-230-082,104-230-081,and 104-230-080)to Providence International Enterprises, Inc.; and authorize the Mayor to execute the Disposition and Development Agreement and all documents necessary to transfer title to said properties. The hour of 6:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider the proposed sale of properties. 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 discussion amongst the Council ensued. Council Member Jones advised he would not support the sale due to the level of subsidy being provided to Providence International Enterprises, Inc. A MOTION WAS MADE by Council Member Sullivan,seconded by Council Member McArthur,to approve the sale of the properties located at 2968, 2982, and 2996 Leland Avenue(Assessor's Parcel Numbers 104-230-082, 104-230-081, and 104-230-080) to 111 Providence International Enterprises, Inc.; and authorize the Mayor to execute the Disposition and Development Agreement and all documents necessary to transfer title to said properties. The Vote: AYES: Council Members - Cadd, McArthur, Sullivan, and Bosetti NOES: Council Members- Jones ABSTAIN: Council Members -None ABSENT: Council Members -None 05/07/2013 229 REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS, AND COMMITTEES 9.2(a). 2012-13 Grant- Indian Gaming Local Community Benefit Committee [G-100-090/B-130-070/B-080-650-639] Deputy City Manager Clark provided an overview of the Report to City Council (staff report) dated April 23, 2013, incorporated herein by reference, and recommended that the City Council accept 2012-13 grant funding from the Indian Gaming Local Community Benefit Committee for the following:$46,000 for the purchase of equipment specifically designed for extrication situations involving heavy vehicles,and$59,491.60 for approximately 40 percent of an investigator's time directly attributable to financial crimes associated with Win-River Casino; and adopt a resolution approving the 53`d Amendment to City Budget Resolution No. 2011-111 appropriating $105,492 in Fiscal Year 2012-13. Council Member Jones thanked Win-River Casino and noted that the funding is derived from Win-River and not taxpayer monies to help mitigate impacts of Indian gaming on the community. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Sullivan, to accept 2012-13 grant funding from the Indian Gaming Local Community Benefit Committee for the following:$46,000 for the purchase of equipment specifically designed for extrication situations involving heavy vehicles, and $59,491.60 for approximately 40 percent of an investigator's time directly attributable to financial crimes associated with Win-River Casino; and adopt Resolution No. 2013-045, a resolution of the City Council of the City of Redding approving the 53rd Amendment to City Budget Resolution No. 2011-111 appropriating$105,492 in Fiscal Year 2012-13. The Vote: AYES: Council Members- Cadd, Jones, McArthur, Sullivan, and Bosetti NOES: Council Members -None 111 ABSTAIN: Council Members -None ABSENT: Council Members -None Resolution No. 2013-045 is on file in the Office of the City Clerk. 9.2(b). Request by The McConnell Foundation to Purchase All or a Portion of Property within the Turtle Bay Exploration Park Leasehold [C-070-200/C-070-250] Deputy City Manager Clark summarized the Report to City Council(staff report)dated April30,2013,incorporated herein by reference,and recommended that the City Council accept a presentation from The McConnell Foundation regarding its request to purchase all or a portion of property that lies within approximately 60 acres now leased by Turtle Bay Exploration Park and provide direction to staff. Mike Ashby provided a PowerPoint presentation, incorporated herein by reference, highlighting The McConnell Foundation's proposal to purchase the City's property currently leased by Turtle Bay Exploration Park. The following spoke in favor of The McConnell Foundation's purchase: Archer Pugh, Janice Cunningham, Pamela Ikuta, Peggy O'Lea, Roberta Cole, Frank Strazzarino, Kimberly Ross, Ed Harrison, Sharon Clay, Jonathan Twerina, Kris Vallotton, Dennis Cowan, Ed Rullman, Randall Hempling, and Steve Anderson. Dolores Lucero, Joseph Greydanus, and Andrew Meredith opposed the sale of City- owned property currently leased by Turtle Bay Exploration Park to The McConnell Foundation. Dick Fyten opined that these issues would not be before the City Council if it were a charter city. A discussion amongst the Council ensued. 05/07/2013 230 In response to Council Member Cadd's statement relative to California Senate Bill 7, City Attorney Duvernay stated that he would review any potential prevailing wage issues associated with the possible sale of the 4.99 acre parcel to discuss with the City Council at its meeting on June 4, 2013. A MOTION WAS MADE by Council Member Cadd, seconded by Council Member Jones, to instruct staff to obtain a"Fair Market Value Appraisal", not considering any part of the City of Redding-Turtle Bay Lease,for the 4.99 acre"Hospitality Parcel"that has been designated "for profit", with the understanding that, if the parcel were to be purchased by The McConnell Foundation, it could only be used to profit Turtle Bay. The Vote: AYES: Council Members- Cadd and Jones NOES: Council Members - McArthur, Sullivan, Bosetti ABSTAIN: Council Members -None ABSENT: Council Members -None Motion failed. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan,to direct staff to negotiate a Buy, Sell,or Trade Agreement with The McConnell Foundation and provide a recommendation,including the amount of acreage, to the City Council by June 4, 2013. The following amended motion was offered for consideration which incorporated, as well as amended, the motion made by Council Member McArthur and seconded by Council Member Sullivan: AN AMENDED MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd,to direct staff to negotiate a Buy,Sell,or Trade Agreement with The McConnell Foundation,with the goal of making 4.99 acres of land(the"hospitality parcel")available,and provide a recommendation to the City Council at its June 4,2013, meeting. The Vote: Unanimous Ayes 9.3(c). City of Redding's Fleet Maintenance Program- Oral Presentation POSTPONED TO THE JUNE 4,2013, COUNCIL MEETING [A-050-150-150] 9.11(b).Settlement Agreement-Construction of the Stillwater Business Park Phase lA Project [L-100/E-050-500] Public Works Director Crane highlighted the Report to City Council(staff report)dated May 1,2013,incorporated herein by reference,and recommended that the City Council authorize the Mayor to execute a Settlement Agreement with J.F. Shea Construction, Inc., and Parsons Brinckerhoff, Inc. regarding litigation over the construction of the Stillwater Business Park Phase lA Project in the amount of$585,000, with the City's portion in the amount of$242,500. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan,to execute a Settlement Agreement with J.F. Shea Construction,Inc., and Parsons Brinckerhoff,Inc. in the amount of$585,000,with the City's portion in the amount of$242,500,regarding litigation over the construction of the Stillwater Business Park Phase lA Project. The Vote: Unanimous Ayes 9.15(a).Amendments to the Executive Management Pay-for-Performance Salary Schedule [P-100-050-100] Personnel Director DeMaagd provided an overview of the Report to Council (staff report) dated April 29, 2013, incorporated herein by reference, and recommended that the City Council adopt a resolution amending the Executive Management Pay-for- Performance Salary Schedule effective July 1, 2013. George Clarke, Joseph Greydanus, Arthur Grey, and Sally Rapoza opposed amending the Executive Management Pay-for-Performance Salary Schedule. 05/07/2013 231 Dolores Lucero opined that the City's Attorney is an employee and should not be entitled to any raises. Public Works Director Crane and Electric Utility Director Tippin each explained their recruiting/retaining issues for key management positions within their respective divisions. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan,to adopt Resolution No.2013-046,a resolution of the City Council of the City of Redding amending the Executive Management Pay-for-Performance Salary Schedule effective July 1, 2013. AN AMENDED MOTION WAS MADE by Council Member Cadd, seconded by Council Member Jones, to decline to adopt a resolution amending the Executive Management Pay-for-Performance Salary Schedule. The Vote: AYES: Council Members - Cadd and Jones NOES: Council Members - McArthur, Sullivan, and Bosetti ABSTAIN: Council Members -None ABSENT: Council Members -None Amended Motion failed. Following the failure of the Motion to Amend, the Mayor called for the vote on the original motion to adopt Resolution No. 2013-046, a resolution of the City Council of the City of Redding amending the Executive Management Pay-for-Performance Salary Schedule effective July 1, 2013. The Vote: AYES: Council Members- McArthur, Sullivan, and Bosetti NOES: Council Members- Cadd and Jones ABSTAIN: Council Members-None ABSENT: Council Members-None Resolution No. 2013-046 is on file in the Office of the City Clerk. COUNCIL TRAVEL REPORT(S) City Council Member attendance at conferences/meetings reimbursed at City expense {Requirement of Assembly Bill 1234) [L-040-150] Council Member Cadd attended a League of California Cities Sacramento Valley Membership Meeting in Truckee, California, on April 19, 2013. [E-120-119/E-120-400] Mayor Bosetti attended the Northern California Power Agency and Northwest Public Power Association Federal Policy Conference in Washington, D.C., April 21-25, 2013. POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [F-010] Mayor Bosetti noted that the California Fair Political Practices Commission requires the filing of a Form 803 -Behested Payment Report for the disclosure of payments made at the behest of elected officers for any funds raised in excess of$5,000 from a single source during a calendar year. CLOSED SESSION At the hour of 10:46 p.m., Mayor Bosetti announced that Council would adjourn to Closed Session. At the hour of 11:33 p.m.,Mayor Bosetti reconvened the Regular Meeting to Open Session and reported that in reference to: 05/07/2013 232 12A. Closed session pursuant to California Government Code Section 54956.9(d)(2): CONFERENCE WITH LEGAL COUNSEL- PENDING LITIGATION Claim by Kiewit Infrastructure West Company re the Cypress Bridge Replacement Project [L-100/S-070-050-050] The City Council took no reportable action. 12B. Closed Session pursuant to California Government Code Section 54956.9(d)(1): CONFERENCE WITH 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, Stillwater Wastewater Treatment Plant and the City of Redding's Sanitary Sewer System) [L-100IW-010] The City Council authorized the Mayor to execute a consent decree to settle litigation with the California Sportfishing Protection Alliance (CSPA) pertaining to alleged violations of the Clean Water Act in the City's management of its sanitary sewer collection system. The Agreement will be available for inspection in the Office of the City Clerk after it is signed by the parties. The terms are intended to ensure that the City maintain current spill performance which is currently less than three Sanitary Sewer Overflow's(SSO)per 100 miles of sewer pipe per year. The settlement will require the City to pay $75,000 to offset attorney fees incurred by the CSPA, and $45,000 as a mitigation payment to the Rose Foundation. 12C. Closed Session pursuant to California Government Code Section 54956.9(d)(4): CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation One(1) case [L-100] The City Council took no reportable action. ADJOURNMENT There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of 11:34 p.m. APPROVED: Rick Bosetti, Mayor ATTEST: Teresa Rudolp,Assistant City Clerk 05/07/2013