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HomeMy WebLinkAboutMinutes - City Council - 2013-06-04 241 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California June 4, 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, 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: 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 George Clarke. The Invocation was provided by Debbie Ivey, Redding Police Department Chaplain. PRESENTATIONS 2A. Presentation of the Excellence in Public Health Award to the City of Redding from the Public Health Advisory Board [A-050-060/P-050] On behalf of the Public Health Advisory Board, Chair Robin Glasco and Public Health Director Terri Fields-Hostler presented the Excellence in Public Health Award to the City of Redding for its outstanding commitment to providing smoke-free parks. Charles W. Alexander opposed the curtailing of citizen's rights. PUBLIC COMMENT [A-050-060] George Clarke expressed his frustration that the City Council approved personnel wage increases and subsequently proposed increasing utility rates. [A-050-060] Gary Hollahan opined that utility rate increases should be utilized for infrastructure and not personnel costs. [A-050-060] Linda G. White expressed concern with the general health and fiscal solvency of the City. [A-050-060] Dolores Lucero opined that it is a conflict of interest to be a City Council Member and hold a position on the Turtle Bay Exploration Park's Board of Directors. [E-090-100] Greg Washburn opposed the added network access charge on his monthly utility bill,noting that the charge should be$10.56, however, it is $11.30 on his bill. 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 May 7, 2013; and Regular Meeting of May 21, 2013 06/04/2013 242 4.(b). Approval of Payroll and Accounts.Payable Registers [A-050-100-500] It is the recommendation of the Interim Finance.Director that the City Council approve Accounts Payable Register No. 22, for the period of May 17, 2013, through May 30,2013,fora total of$22,632,160.53,for check numbers 911683 through 912017, inclusive, ACH Transfer numbers 10015 through 10066, inclusive, and Wire Transfer numbers 4542 through 4554,inclusive;and Payroll Register No.24,for the period May 12,2013,through May 25,2013,in the amount of$2,720,872.30,for electronic deposit transaction numbers 347179 through 348095, inclusive, and check numbers 553496 through 553592, inclusive; SUMMARY TOTAL: $25,353,032.83 4.(c). Ordinance-Conforming the Redding Municipal Code(RMC)to Recommendations from the Central Valley Regional Water Quality Control Board [C-110-100/P-030-160] It is the recommendation of the Public Works Director that the City Council adopt Ordinance No. 2498,an ordinance of the City Council of the City of Redding amending RMC Title 14 - Utilities, Chapter 14.16 - Sewers by amending Sections 14.16.404, 14.16.420, 14.16.560, 14.16.582, and 14.16.700 relating to conforming RMC to recommendations from the Central Valley Regional Water Quality Control Board following a pretreatment compliance inspection. 4.1(a). Project Status Report - May 2013 [A-050-080] It is the recommendation of the City Manager that the City Council accept the Project Status Report for May 2013. 4.2(a). Amendment No. 10 to the Funding Agreement(C-1336)-Superior California Economic Development District(SCEDD) [B-130-030/B-080-500] It is the recommendation of the Deputy City Manager that the City Council approve Amendment No. 10 to the Funding Agreement (C-1336) with SCEDD and authorize payment in the amount of$10,171 for economic development planning and business development services in Fiscal Year 2013-14. 4.2(b). Consulting and Professional Services Agreement (C-2028) - Economic Development Corporation (EDC) of Shasta County [B-130-030-045] It is the recommendation of the Deputy City Manager that the City Council authorize the Mayor to execute the Consulting and Professional Services Contract(C-2028)with the EDC of Shasta County in the amount of$76,000. The Vote: AYES: Council Members- Cadd, McArthur, Sullivan, and Bosetti NOES: Council Members - Jones ABSTAIN: Council Members -None ABSENT: Council Members -None 4.6(a). License Agreement with Aloha Ice - Food and Beverage Concession in the Redding Library [L-050] It is the recommendation of the Community Services Director that the City Council authorize the City Manager to execute a License Agreement with Aloha Ice to operate a food and beverage concession in the Redding Library for a one-year term ending June 30,2014,with automatic annual renewals unless either party provides written notice 90 calendar days in advance. 4.9(a). Agreement with the Shasta County Department of Health and Human Services Agency C-3728 - Redding Police Department Elder Abuse Investigator [P-150-150/S-010] It is the recommendation of the Chief of Police that the City Council authorize the Mayor to execute an agreement with the Shasta County Department of Health and Human Services Agency(C-3728)for the Redding Police Department to provide an elder abuse investigator to work with the Adult Protective Services Division. 06/04/2013 243 4.11(a).Award of Bid - Bid Schedule No. 4547 (Job No. 2384), Churn Creek Road and State Route 299 Intersection Improvement Project;and Resolution- 57th Amendment to City Budget Resolution No. 2011-111 [B-050-020/B-130-070/G-100-170] It is the recommendation of the Public Works Director that the City Council: (1)award Bid Schedule No. 4547 (Job No. 2384), Churn Creek Road and State Route 299 Intersection Improvement Project to J. F. Shea Construction, Inc., in the amount of $796,293; (2) approve an additional $115,000 to cover the cost of administration and inspection fees; (3) approve $80,000 to provide construction contingency funding; (4) adopt Resolution No. 2013-051, a resolution of the City Council of the City of Redding approving and adopting the 57th Amendment to City Budget Resolution No. 2011-111 appropriating $34,330 ($75,000 in State of California Department of Transportation (Caltrans) Cooperative Agreement funding and $40,670 decrease in Traffic Impact Fee Capital funding); and (5) authorize the Public Works Director to amend the Cooperative Agreement to increase Caltrans funding 4.11(b).Grant - National Transportation Infrastructure Investment Discretionary Grant Application for the Reconstruction of the Oasis Road interchange [G-100-070/G-030-110] It is the recommendation of the Public Works Director that the City Council authorize submittal of an application for a National Transportation Infrastructure Investment Discretionary Grant in the approximate amount of$25 million for the reconstruction of the Oasis Road interchange. 4.15(b).Resolution-Approving the California State Association of Counties-Excess Insurance Authority Workers' Compensation Program (CSAC-EIA) as City of Redding's excess workers' compensation insurance provider for FY 2013-14 (C-4633) [R-100-950] It is the recommendation of the Personnel Director that the City Council adopt Resolution No. 2013-052, a resolution of the City Council of the City of Redding: (1) approving CSAC-EIA as the City of Redding's excess workers' compensation insurance provider for Fiscal Year 2013-14;and(2)delegating the City Manager, or his designee, authority to officially act on behalf of the City and enter into agreements as required with the CSAC-EIA for the Workers' Compensation Program for as long as the City is a member of the Joint Powers Authority(C-4633). 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 with the exception of those item(s) approved by separate vote as indicated above. The Vote: AYES: Council Members- Cadd, Jones, McArthur, Sullivan, and Bosetti NOES: Council Members-None ABSTAIN: Council Members-None ABSENT: Council Members-None Ordinance No. 2498 is on file in the Office of the City Clerk. Resolution Nos. 2013-051 and 2013-052 are on file in the Office of the City Clerk. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS, AND COMMITTEES 9A. Possibility of implementing a process to periodically review and update the City Council Policy Manual [A-050-060-555] City Manager Starman highlighted the Report to City Council (staff report) dated May 21, 2013, incorporated herein by reference, and relayed Council Member McArthur's suggestion to discuss implementing a process to periodically review and update the City Council Policy Manual and provide direction to staff. A discussion amongst the City Council ensued. 06/04/2013 244 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan,to direct staff to implement a process to periodically review the City Council Policy Manual and return to the Council with recommendations regarding revisions as necessary. The Vote: Unanimous Ayes 9.3(a). City of Redding's Fleet Maintenance Program [A-050-150-150] • Support Services Director Dinger provided a PowerPoint presentation, incorporated herein by reference, detailing the City of Redding's Fleet Maintenance Program as requested by Council Member McArthur. A discussion amongst the City Council ensued. The City Council took no action on this informational item. JOINT MEETING OF THE CITY COUNCIL AND THE REDDING MUNICIPAL LIBRARY BOARD OF TRUSTEES At the hour of 6:58 p.m.,Mayor Bosetti and President Jones convened the Joint Meeting of the Redding City Council and the Redding Municipal Library Board of Trustees (RMLB). 9.6(b). Library Services Agreement with Library Systems and Services, LLC (C-4556) - Administration and Operation of the Shasta Public Libraries [L-050-010] Community Services Director Niemer summarized the Report to City Council and RMLB (staff report) dated May 22, 2013, incorporated herein by reference, and recommended that the City Council and RMLB approve a Library Services Agreement (C-4556) with Library Systems and Services, LLC and authorize the City Manager to execute the Agreement for administration and operation of the Shasta Public Libraries. A discussion amongst the Council ensued. In response to Council Member Jones concerns relative to the increasing budget despite the recession, City Manager Starman acknowledged that there are escalators tied to the consumer price index included in the Agreement between the County of Shasta and the Cities of Anderson and Redding, resulting in an annual increase despite the severe recession. A CITY COUNCIL MOTION WAS MADE by Council Member Sullivan, seconded by Council Member McArthur,to approve a Library Services Agreement (C-4556)with Library Systems and Services, LLC and authorize the City Manager to execute the Agreement for administration and operation of the Shasta Public Libraries. The Vote: AYES: Council Members - Cadd, McArthur, Sullivan, and Bosetti NOES: Council Members -Jones AESTAIN: Council Members -None ABSENT: Council Members -None A RMLB MOTION WAS MADE by Board Member Sullivan, seconded by Board Member McArthur,to approve a Library Services Agreement with Library Systems and Services, LLC (C-4556) and authorize the City manager to execute the Agreement for administration and operation of the Shasta Public Libraries. The Vote: AYES: Board Members - Cadd, McArthur, Sullivan, and Bosetti NOES: Board Members - Jones ABSTAIN: Board Members -None ABSENT: Board Members -None At the hour of 7:06 p.m.,Mayor Bosetti and President Jones adjourned the Joint Meeting of the City Council and the RMLB. 05/04/2013 245 9.15(a).Resolution - Amending the Employment and Benefit Policies for Unrepresented Employees [P-100-050-100] Personnel Director DeMaagd highlighted the Report to City Council(staff report)dated May 24,2013,incorporated herein by reference,and recommended that the City Council adopt a resolution amending the Employment and Benefit Policies for Unrepresented Employees effective June 5,2013,to provide for clarifications/modifications to general language,retiree health benefits, and retirement programs. A discussion amongst the City Council ensued. A MOTION WAS MADE by Council Member Sullivan,seconded by Council Member McArthur,to adopt Resolution No.2013-053,a resolution of the City Council of the City of Redding, amending the Employment and Benefit Policies for Unrepresented Employees effective June 5,2013,to provide for clarifications/modifications to general language,retiree health benefits, and retirement programs. The Vote: AYES: Council Members - Cadd, McArthur, Sullivan, and Bosetti NOES: Council Members -Jones ABSTAIN: Council Members -None ABSENT: Council Members -None Resolution No. 2013-053 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) [E-120-119] Mayor Bosetti attended the Northern California Power Agency's Commission meeting in Healdsburg, California, on May 22-23, 2013. CLOSED SESSION [M-020] 12D. The following opposed the closure of marijuana collectives in the City of Redding: Jeanette Ernst, Julianna Webber, Ann Webber, John Morris, Steve Goldsmith, and Lance Richards. [C-070-200] 12E. The following opposed the sale of City-owned property to The McConnell Foundation: Charles Adamo, George Clarke, Dolores Lucero, Ginne Mistal, Valerie Long, and Lee Ellison. William Leiber,Janine Cunningham, and Randall Hempling supported the sale of City- owned land to The McConnell Foundation to assist with Turtle Bay Exploration Park's desire to build a hotel that will bring more revenue into the City of Redding. John Wilson opined that a 6-acre parcel located in the same vicinity of the Turtle Bay parcel was sold in 2007 for approximately $3 million and should be utilized as the comparable sale value for the Turtle Bay parcel if purchased by The McConnell Foundation. On behalf of The McConnell Foundation,Mike Ashby emphasized that only 14.1 acres of land is being considered for purchase at this time, and noted that the challenge of finding a comparable sale is the long-term ground lease attached to the property. At the hour of 8:08 p.m., Mayor Bosetti announced that Council would adjourn to Closed Session. At the hour of 10:20 p.m.,Mayor Bosetti reconvened the Regular Meeting to Open Session and reported that in reference to: 06/04/2013 246 12A. 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/L-010-100-550] 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 1) Citizens for Fair REU Rates, Michael Schmitz, Shirlyn Pappas, Fee Fighter LLC v. The City of Redding and the City Council of the City of Redding, Shasta County Superior Court Case No. 171377 2) Fee Fighter LLC, Citizens for Fair REU Rates, Michael.Schmitz, Shirlyn Pappas v. The City of Redding and the City Council of the City of Redding, Shasta County Superior Court Case No. 172960 [L-100/E-090-100] The City Council took no reportable action. 12C. Closed session pursuant to California Government Code Section 54956.9(d)(1): CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION City of Redding v. County of Shasta-Property Tax Administration Fees Refund Claim [L-100/T-010-650] The City Council unanimously approved acceptance of an offer from the County of Shasta to settle a pending claim for underpayment of property taxes to the City of Redding. The details of the settlement will be available to the public upon execution of the Settlement Agreement by both parties. 12D. Closed Session pursuant to California Government Code Section 54956.9(d)(1): CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Cass Criner, et al. v. City of Redding, et al., and Related Cross Action; Shasta County Superior Court Case No. 173601 [L-100/M-020] The City Council took no reportable action. 12E. Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR All or a portion of the City-owned property currently leased to Turtle Bay Exploration Park, Assessor's Parcel No. 102-040-005 City Negotiators: Mayor Bosetti and City Manager Starman Negotiating Parties: City of Redding and The McConnell Foundation Under Negotiation: Price and Terms [C-070-200] The City Council took no reportable action. 12F. Closed Session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director DeMaagd Employee Organization: Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees [P-1.00-050-070] The City Council took no reportable action. 06/04/2013 247 ADJOURNMENT There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of 10:21 p.m. APPROVED: Rick Bosetti, Mayor ATTEST: retirrY1?1 (( Pamela Mize, City 7erk 06/04/2013