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HomeMy WebLinkAboutMinutes - City Council - 2013-10-15 316 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California October 15, 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, and Francie Sullivan. Council Member Missy McArthur was absent. Also present were City Manager Kurt Starman, City Attorney Rick Duvernay, Assistant City Manager/Electric Utility Director Barry Tippin, Public Works Director Brian Crane, Deputy City Manager Greg Clark, 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, Support Services Director Rod Dinger, 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 Jake Mangas. The Invocation was provided by Maggie Fair, Pray North State. PRESENTATIONS 2A. Presentation of City of Redding Employee Service Recognition Awards [P-100] Personnel Director DeMaagd highlighted the City of Redding Internal Communication dated September 27, 2013, incorporated herein by reference, that listed the 50 employees who have achieved the milestone of 15, 20, and 25 years of service to the City of Redding. On behalf of the City of Redding, she expressed appreciation for their commitment to public service, the community, and the City. She noted that Department Directors will present the remaining service awards to those unable to attend the City Council meeting. Mayor Bosetti, and each employee's Department Director presented service awards to the following employees that were present: 15-years— Stephen Howard (Fire Captain — Fire Department), Pamela Mize (City Clerk), and Terry Peterson (Transfer Station Operator Solid Waste); 20-years — Cullen Kreider (Batallion Chief — Fire Department) and Chris Varnum (Fire Captain — Fire Department); and 25-years — Marcia Ames (Public Works Supervisor—Industrial Waste). 2B. Mayor's Proclamation- CASA Superhero Run Day in the City of Redding [A-050-060-600] Mayor Bosetti presented a Mayoral Proclamation to Jake Mangas, Development Director for Northern Valley Catholic Social Services (NVCSS), proclaiming November 2, 2013, as CASA Superhero Run Day in the City of Redding. He encouraged citizens to support this worthy program that enables children to be heard/supported throughout the Dependency Court process; to participate in the CASA Superhero Run either as a runner or by financially sponsoring runners; and encouraged citizens to attend a special Colt 45's baseball game against the Humboldt Crabs on June 27, 2013, with 50 percent of the proceeds to be donated to the CASA (Court Appointed Special Advocate)program. PUBLIC COMMENT [S-050] Don Kirk expressed disappointment that the City Council voted against joining the State of Jefferson movement. [P-100] Dick Fyten opposed City employee wage increases. 10/15/2013 317 [A-050-060] Dolores Lucero opined that Mayor Bosetti, and Council Members McArthur and Sullivan should be recalled due to their votes on certain issues. [A-050-125/A-050-050] Randal Faulkner expressed dissatisfaction with the Redding Electric Utility's Director and the City Attorney's performance. 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.(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. 7, for the period of October 1, 2013, through October 11, 2013, for a total of $4,110,365.52, for check numbers 915351 through 915685, inclusive, ACH Transfer numbers 10430 through 10471, inclusive, and Wire Transfer numbers 4806 through 4812, inclusive; and Payroll Register No. 7, for the period September 15, 2013, through September 28, 2013, in the amount of$2,582,940.63, for electronic deposit transaction numbers 355439 through 356281, inclusive, and check numbers 554218 through 554267, inclusive; SUMMARY TOTAL: $6,693,306.15. 4.3(a). Hangar/Office Lease with Cutting Edge Helicopters, LLC [C-070-100/A-090-100] It is the recommendation of the Support Services Director that the City Council approve the Hangar/Office Lease with Cutting Edge Helicopters, LLC to lease hangar space at 6030 Old Oregon Trail for the purpose of conducting commercial aviation- related services, including helicopter and fixed-wing flight training, aircraft rental, pilot instruction services, aircraft maintenance and repair, and aircraft charters. The lease term is for five years with a five-year option period. The rental rate in the first three years will be less than market value, with the first year's lease fee in the amount of $13,314, increasing to $17,868 for the second year, $20,618 for the third year, $23,668 for the fourth year, and $27,623 for the fifth year. The lease fee will thereafter reinstate a fair market value of$22,508 per year and increase three percent each year throughout the five-year option term. 4.5(a). Electric Utility's Monthly Financial Report- August 2013 [B-130-070] It is the recommendation of the Electric Utility Director that the City Council accept the Electric Utility's Monthly Financial Report for August 2013. 4.5(b). Award of Bid - Bid Schedule No. 4590, Electric Line Clearance Services [B-050-100] It is the recommendation of the Electric Utility Director that the City Council award Bid Schedule No. 4590, Electric Line Clearance Services, to Utility Tree Service for Areas 1 and 2, with a total evaluated price.of $411,667.70, for a 12-month period commencing on the date of issuance of associated purchase order. 4.6(a). Memorandum of Agreement with The McConnell Foundation; and Grant-2014 Freedom Festival Fireworks Display [G-100/C-050-050] It is the recommendation of the Community Services Director that the City Council authorize the Mayor to execute a Memorandum of Agreement with The McConnell Foundation accepting a grant in the amount of$80,000 for funding the 2014 Freedom Festival fireworks display. Dolores Lucero objected to the Council voting on this item due to pending land negotiations with The McConnell Foundation and opined doing so would constitute a conflict of interest. 4.10(a).General Fund's Monthly Financial Report-August 2013 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the City of Redding General Fund's Monthly Financial Report for August 2013. 10/15/2013 318 4.11(a).Cooperative Agreement with The McConnell Foundation - Untreated,Nondomestic Water Service at Lake Redding Golf Course [W-030-125] It is the recommendation of the Public Works Director that the City Council authorize the Mayor to execute a Cooperative Agreement with The McConnell Foundation for untreated, nondomestic water service at Lake Redding Golf Course, requiring The McConnell Foundation to pay for all the expenses associated with the operation and maintenance of the Union Pacific Pump House, including waterlines to the Lake Redding Golf Course. Dolores Lucero objected to the Council voting on this item due to pending land negotiations with The McConnell Foundation and opined doing so would constitute a conflict of interest. The Vote: AYES: Council Members - Cadd, Sullivan, and Bosetti NOES: Council Members -Jones ABSTAIN: Council Members -None ABSENT: Council Members - McArthur 4.11(b).Construction Contingency Funds Increase for Bid Schedule No. 4542 (Job No. 2392), North Market Street Bridge Water Main Rehabilitation Project [B-050-020] Council Member Cadd recused himself due to a family relationship with RTA Construction, Inc. It is the recommendation of the Public Works Director that the City Council authorize a$55,000 increase to construction contingency funds for Bid Schedule No. 4542 (Job No. 2392),North Market Street Bridge Water Main Rehabilitation Project. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member Cadd, that the foregoing items on the Consent Calendar be approved and adopted as recommended with the exception of those item(s) voted separately above. The Vote: AYES: Council Members - Cadd, Jones, Sullivan, and Bosetti NOES: Council Members -None ABSTAIN: Council Members-None ABSENT: Council Members - McArthur PUBLIC HEARINGS, PETITIONS, AND PROTESTS 6.1 Public Hearing Renewable Portfolio Standard Enforcement Program and Procurement Plan [E-120/L-040-300], Electric Utility Director Tippin summarized the Report to City Council (staff report) dated October 15, 2013, incorporated herein by reference, and provided background information relative to state mandates that require the Redding Electric Utility(REU) to designate 33 percent of its portfolio as renewable resources by the year 2020. In conjunction with the Redding Electric Utility Commission, he recommended that the City Council conduct a Public Hearing and, upon conclusion, approve the Renewable Portfolio Standard (RPS) Procurement Plan and Renewable Portfolio Standard Enforcement Program pursuant to the passage of Senate Bill 2 in the First Extraordinary Session (SBX1-2). He'shared a Powerpoint presentation, incorporated herein by reference, highlighting a chart depicting REU's current progress towards reaching the state mandated 2020 renewable resource percentage for its RPS -standards versus REU's projected percentages through 2024. The Affidavit of Publication - Notice of Public Hearing is on file in the Office of the City Clerk. In response to Council Member Jones, City Manager Starman explained that in the past, excess renewable energy credits could be sold, however, that will not be possible once the new regulations are in place. 10/15/2013 319 The hour of 6:00 p.m. having arrived,Mayor Bosetti opened the public hearing to consider the proposed Renewable Portfolio Standard Procurement Plan and Renewable Portfolio Standard Enforcement Program. Vice Mayor Jones and Dolores Lucero expressed dissatisfaction with the City's staff for not providing a copy of the chart to the Council and the public prior to the meeting. Mayor Bosetti determined that no one else present wished to address this matter and closed the public hearing. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member Jones, to approve the Renewable Portfolio Standard Procurement Plan and Renewable Portfolio Standard Enforcement Program pursuant to the passage of Senate Bill 2 in the First Extraordinary Session(SBXI-2). The Vote: AYES: Council Members - Cadd, Jones, Sullivan, and Bosetti NOES: Council Members -None ABSTAIN: Council Members-None ABSENT: Council Members -McArthur REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS, AND COMMITTEES 9A. Resolution to Invoke Coordination with the California Air Resources Board(CARB) [E-020-010/L-040-300] City Manager Starman summarized the Report to City Council (staff report) dated October 2, 2013, incorporated herein by reference, and provided background information relative to the Mayor's meeting with the Shasta County Coordination Committee (SCCC is a private group not associated with the County of Shasta) to discuss the possibility of invoking Coordination with the California Air Resources Board(CARB). Mayor Bosetti updated the Council and relayed the SCCC's support of potentially invoking Coordination with CARB, and noted that he plans to attend the next CARB meeting on October 24, 2013, to hear the latest information first hand. On behalf of SCCC, Dick Wright stated that after investigating the issues at the City's request, SCCC supports invoking Coordination with CARB. He noted that in SCCC's opinion, the fact that CARB receives federal funding through the Environmental Protection Agency (EPA), and CARB propagates many of its regulations under federal EPA guidelines,makes CARB accountable to Coordination. A discussion amongst the Council ensued. Greg Mann, Sylvia Milligan, and Dick Fyten supported invoking Coordination.with CARB. Mayor Bosetti stated that CARB appears to be moving toward granting the delays the City has been seeking, therefore, he would prefer to wait until after the October 24, 2013, CARB meeting to address the matter with the City Council. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd, to adopt a resolution of the.City Council of the City of Redding to invoke coordination with the California Air Resources Board. The Vote: AYES: Council Members—Cadd and Jones NOES: Council Members—Bosetti and Sullivan ABSTAIN: Council Members -None ABSENT: Council Members—McArthur Motion failed. • 10/15/2013 320 9.2(a). Resolutions (5)- Amending City Council Policies No. 101, 202, 203, 204, and 205 [A-050-060-555] Deputy City Manager Clark provided an overview of the Report to City Council (staff report) dated October 2, 2013, incorporated herein by reference, and recommended that the City Council adopt Resolutions (5) amending City Council Policies No. 101, Council Policy Manual; No. 202, Recruitment of Department Head Personnel; No. 203, Risk Management Policy; No. 204, Pulling Items from Council Meeting Agenda; and No. 205,Legislative Position. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Sullivan,to adopt the following: (1) Resolution No. 2013-091, a resolution of the City Council of the City of Redding amending City Council Policy No. 101, Council Policy Manual; (2) Resolution No. 2013-092, a resolution of the City Council of the City of Redding amending No. 202, Recruitment of Department Head Personnel; (3) Resolution No. 2013-093, a resolution of the City Council of the City of Redding amending No. 203, Risk Management Policy; (4) Resolution No. 2013-094, a resolution of the City Council of the City of Redding amending No. 204, Pulling Items from Council Meeting Agenda; and (5) Resolution No. 2013-095, a resolution of the City Council of the City of Redding amending No. 205,Legislative Position. The Vote: AYES: Council Members—Cadd, Jones, Sullivan, and Bosetti NOES: Council Members—None ABSTAIN: Council Members -None ABSENT: Council Members - McArthur Resolution Nos. 2013-091 through 2013-095 are on file in the Office of the City Clerk. JOINT MEETING WITH THE SUCCESSOR AGENCY TO THE REDDING REDEVELOPMENT AGENCY At the hour of 7:41 p.m., Mayor Bosetti convened a Special Meeting of the City of Redding as Successor Agency to the Redding Redevelopment Agency for a joint meeting with the Redding City Council. 9.2(b). Resolution - Approving Agreement to reenter into an existing Repayment Agreement (C-1607) relative to 1999 City of Redding loan for the Clover Creek Storm Drainage Detention Facility [R-030-605] Assistant City Manager Tippin highlighted the Report to City Council and Successor Agency to the Redding Redevelopment Agency (staff report) dated October 3, 2013, incorporated herein by reference, and recommended that the City Council adopt a resolution approving an Agreement to Reenter into the Repayment Agreement dated May 18, 1999, between the City of Redding and the former SHASTEC Redevelopment Project Area partner agencies, including the Redding Redevelopment Agency,pursuant to Health and Safety Code Section 34178(a). A MOTION WAS MADE by Council Member Jones, seconded by Council Member Sullivan, to adopt Resolution No. 2013-096, a resolution of the City Council of the City of Redding approving an Agreement to Reenter into the Repayment Agreement dated May 18, 1999, between the City of Redding and the former SHASTEC Redevelopment Project Area partner agencies, including the Redding Redevelopment Agency, pursuant to Health and Safety Code Section 34178(a). The Vote: AYES: Council Members—Cadd, Jones, Sullivan, and Bosetti NOES: Council Members -None ABSTAIN: Council Members -None ABSENT: Council Members—McArthur Resolution No. 2013-096 is on file in the Office of the City Clerk. At the hour of 7:49 p.m., Mayor Bosetti adjourned the Special Meeting of the City of Redding as Successor Agency to the Redding Redevelopment Agency. 10/15/2013 321 9.3(b). Public, Education, and Government Access (PEG) Fee Revenue Expended by the Redding Community Access Corporation(RCAC) [T-040-350/B-080-120] Support Services Director Dinger provided an overview of the Report to City Council (staff report) dated October 3, 2013, incorporated herein by reference, recalling that in March of 2013, the City Council decided to issue a Request for Proposal for the contract to operate the PEG cable access television stations. At the conclusion of that process a new non-profit group was selected. As part of the transition process, an auditor examined RCAC's financial records regarding use of PEG fee revenue. The auditor's report indicated that $110,000 of PEG fee revenue could not be accounted for as having been used for capital expenditures, as required by law. Mr. Dinger noted that he wrote to RCAC requesting a response and no response has been received. In conjunction with City Attorney Duvernay, Mr. Dinger recommended that that the matter be referred to the California Attorney General for investigation. Dolores Lucero, John Dixon, and Greg Mann supported the City referring RCAC to the Charitable Trusts Section of the California Attorney General's Office. A discussion amongst the City Council ensued. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Cadd, to refer the matter regarding unaccounted-for PEG Fee revenue expended by RCAC in the approximate amount of$110,000 to the Charitable Trusts Section of the California Attorney General's Office for investigation and potential legal action. The Vote: AYES: Council Members-Cadd, Jones, Sullivan, and Bosetti NOES: Council Members -None ABSTAIN: Council Members -None ABSENT: Council Members—McArthur ADJOURNMENT 111 There being no further business, Mayor Bosetti declared the meeting adjourned at the hour of 8:01 p.m. APPROVED: � 11Oji's Rick Bosetti, Mayor ATTEST: CQ4 Pamela Mize, City lerk 10/15/2013