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HomeMy WebLinkAboutMinutes - City Council - 2014-12-02 156 City Council,Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California December 2, 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,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, Director of Finance Dennice Maxwell, Community Services Director Kim Niemer, and Police Chief Robert Paoletti. The Pledge of Allegiance to the Flag was led by Tristan Johnson. The Invocation was provided by Mary Little,Redding Police Department Chaplain. CERTIFICATION OF ELECTION RESULTS, REORGANIZATION, AND PRESENTATIONS 2A. Resolution - Certifying Canvass of Ballots and Declaring Results of the November 4, 2014, Consolidated General Municipal Election—City of Redding [E-070-050] City Clerk Mize highlighted the Report to Redding City Council (staff report) incorporated herein by reference, and recommended that the City Council adopt a resolution certifying the canvass of ballots and declaring the results of the November 4, 2014, Consolidated General Municipal Election held in the City of Redding, in which 58.79 percent of registered voters in the City of Redding participated, for the purpose of electing three City Council Members and a City Clerk for four-year terms. Ms. Mize stated that the candidates receiving the highest number of votes for the office of Council Member were: (1) Brent Weaver; (2) Kristen Schreder; and (3) Francie Sullivan. The candidate receiving the highest number of votes for the office of City Clerk was Pamela Mize. George Clarke opposed the City hiring back retired employees to assist with the Turtle Bay Exploration Park land transaction, and opined that the clawback clause included in the Economic Development Administration loan to the City should have been disclosed to voters. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Jones, seconded by Cadd, to postpone certification of Measure B pending a full investigation of the City Attorney. The Vote: AYES: Council Members- Cadd and Jones NOES: Council Members- None ABSTAIN: Council Members - None ABSENT: Council Members—None Motion failed. 12/02/2014 157 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2014-112, a resolution of the City Council of the City of Redding certifying the canvass of ballots and declaring the results of the November 4, 2014, Consolidated General Municipal Election. The Vote: AYES: Council Members -Bosetti, McArthur, and Sullivan NOES: Council Members -Cadd and Jones ABSTAIN: Council Members -None ABSENT: Council Members -None Resolution No. 2014-112 is on file in the Office of the City Clerk. 2B. Oath of Office - City Clerk-Elect [A-050-055] Mayor Bosetti administered the Oath of Office to Pamela Mize for a four-year term expiring December 2018. 2C. Oath of Office -City Council Members-Elect [A-050-060] City Clerk Mize Administered the Oath of Office to Francie Sullivan, Brent Weaver, and Kristen Schreder for four-year terms expiring December 2018. Retiring Mayor Rick Bosetti and outgoing Council Member Patrick Jones stepped down and incoming Council Members Weaver and Schreder assumed their seats on the dais. 2D. Reorganization of the City Council — Selection of Mayor, Vice Mayor, and Mayor Pro Tempore [A-050-060] City Manager Starman highlighted the Report to Redding City Council (staff report), incorporated herein by reference. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Cadd, to appoint Francie Sullivan to serve as Mayor, Missy McArthur to serve as Vice Mayor and Brent Weaver to serve as Mayor Pro Tempore for one-year terms expiring December 2015. The Vote: Unanimous Ayes. 2E. Resolution-Honoring Outgoing Mayor Rick Bosetti [A-050-060] A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to adopt Resolution No. 2014-113, a resolution of the City Council of the City of Redding commending and honoring Rick Bosetti for distinguished service on the Redding City Council from December 5, 2006, to December 2,2014. The Vote: AYES: Council Members- Cadd, McArthur,Schreder,Weaver, and Sullivan NOES: Council Members -None ABSTAIN: Council Members - None ABSENT: Council Members- None Resolution No. 2014-113 is on file in the Office of the City Clerk. 2F. Resolution-Honoring Outgoing Council Member Patrick Jones [A-050-060] A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to adopt Resolution No. 2014-114, a resolution of the City Council of the City of Redding honoring Patrick Jones for distinguished service on the Redding City Council from December 5,2006, to December 2, 2014. The Vote: AYES: Council Members-Cadd, McArthur, Schreder,Weaver, and Sullivan NOES: Council Members-None ABSTAIN: Council Members-None ABSENT: Council Members -None Resolution No. 2014-114 is on file in the Office of the City Clerk. 12/02/2014 158 2G. Presentation of Mayor's Appreciation Gavel to Rick Bosetti [A-050-060-450] Mayor Sullivan presented Mayor Emeritus Rick Bosetti with a Gavel Plaque of Appreciation for his service as Redding Mayor from December 2013 to December 2014. 2H. Presentations to Rick Bosetti in appreciation of his service as a City Council Member for the City of Redding [A-050-060] Mayor Sullivan presented a clock to Mr. Bosetti on behalf of the City of Redding, in appreciation of Mr. Bosetti's eight years of service to the City with three of those years as the City's Mayor. On behalf of the City of Redding and the Redding City Council, City Manager Starman provided Mr. Bosetti with a framed collage highlighting some of the projects that he helped bring to fruition during his eight year tenure on the Redding City Council. Dave Muir, representing State Senator Ted Gaines and Assemblyman Brian Dahle, presented Mr. Bosetti with a Certificate of Recognition for his many years of dedicated service to the community. Mr. Bosetti thanked and recognized his wife for all of her support. 2I. Presentations to Patrick Jones in appreciation of his service as a City Council Member for the City of Redding [A-050-060] Mayor Sullivan presented a clock to Patrick Jones on behalf of the City of Redding, in appreciation of Mr. Jones' eight years of service to the City with one of those years as the City's Mayor. Mr. Jones' expressed his appreciation to the community for all the support over the last eight years. On behalf of the City of Redding and the Redding City Council, City Manager Starman provided Mr. Jones with a framed collage highlighting some of the projects that he helped bring to fruition during his eight year tenure on the Redding City Council. Dave Muir, representing State Senator Ted Gaines and Assemblyman Brian Dahle, presented Mr. Jones with a Certificate of Recognition for his many years of dedicated service to the community. At the hour of 6:32 p.m., Mayor Sullivan declared the meeting in recess. At the hour of 6:52 p.m., Mayor Sullivan reconvened the meeting. PUBLIC COMMENT [A-050-060] George Clarke, Howard Covington, and Reverend Bryant J Williams II emphasized the need to preserve free speech. [T-010-700] Murray Blake opposed sales tax increases in the City of Redding. [P-150-150] Richard Greenberg opined that there should be more assistance provided to parolees released from prison and spoke against the District Attorney's office. [A-050-060] On behalf of the Northeastern California Building and Construction Trades Council, Chairman Andrew Meredith congratulated the new City Council Members, Brent Weaver and Kristen Schreder, and expressed appreciation to outgoing Council Members Patrick Jones and Rick Bosetti, and Council Candidate Michael Daquisto for their service to the community. 12/02/2014 159 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 Register [A-050-100-500] Approve: (1) Accounts Payable Register No. 10, for the period of November 14, 2014, through November 26, 2014, for a total of$10,123,927.60, for check numbers 100005 through 100271, inclusive, ACH Transfer numbers 11447 through 11490 inclusive, and Wire Transfer numbers 5397 through 5411, inclusive; and (2) Payroll Register No. 11, for the period of November 8, 2014, through November 22, 2014, in the amount of $2,691,433.13, for electronic deposit transaction numbers 381395 through 382213, inclusive, and check numbers 600005 through 600103, inclusive; SUMMARY TOTAL: $12,815,360.73. 4(c). Accept the Treasurer's Report for the month of October 2014. [A-050-100-600] Total Treasurer's Accountability - $187,265,824.66 Total City of Redding funds,Funds Held in Trust,Assets Held by City of Redding as Successor Agency to the Redding Redevelopment Agency, and Funds of Related Entities - $212,488,717.38 4(d). Accept the Proof of Cash reconciliation and ACR133 report for October 2014. [F-205-095-650] 4(e). Adopt Ordinance No. 2515, an ordinance of the City Council of the City of Redding adopting an Addendum to the Mitigated Negative Declaration prepared for the City of Redding Zoning Text and Amending Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits) by amending Section 18.17.030; Chapter 18.40 (Development and Site Regulations) by amending Section 18.40.180; and Chapter 18.41 (Off-Street Parking and Loading)by amending Sections 18.41.040 and 18.41.170(RZ-2014-00851). [C-110-100/L-010-230] 4(f). Adopt Ordinance No. 2516, an ordinance of the City Council 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-2014- 00855). [C-110-100/G-030-010/L-010-230] 4(g). Adopt Ordinance No. 2517, an ordinance of the City Council of the City of Redding amending Title 11 (Vehicles and Traffic), Chapter 11.12 (Speed Limits)by amending certain content within Volumes I, II, III, and N of Section 11.12.010.13 relative to speed limits on various street locations. [C-110-100/T-080-750] 4.1(a). Accept Project Status Report for November 2014. [A-050-080] 4.3(a). Approve ratification of the Fifth Amendment to Parking License Agreement(C-4824) with Dignity Health, dba Mercy Medical Center Redding(Mercy)to: (1)allow Mercy to use up to 20 parking spaces and operate a shuttle at the Benton Airpark parking lot for a fee of$179 per month that includes a three percent annual escalation; (2)extend the term through October 31, 2016; (3)allow for renewal on a year-to year basis upon mutual agreement that includes a 30-day termination clause; and (4) authorize the City Manager,or his designee, to execute future amendments to the Agreement. [C-070-100/A-090-100] 4.5(a). Acknowledge A Cut Above Tree Service's bid as non-responsive and award Bid Schedule No. 4683, Electric Line Clearance Services, to Utility Tree Service with a total evaluated price of $336,931 for Areas 1 and 2 combined at the unit prices for the 12-month period beginning the date the City issues the purchase order. [B-050-100] 12/02/2014 160 4.8(a). Authorize the Fire Department to apply for a grant from the Department of Homeland Security, Federal Emergency Management Agency, Assistance to Firefighters Grant, in the amount of $593,000 for the purchase and installation of a secondary repeated radio frequency and emergency generator; the purchase of thirty-two (32) dual-band portable radios; the purchase of six (6) thermal imaging cameras; and the purchase of a mobile training tower. [G-100/F-200-090/P-150-070] 4.11(a).Adopt Resolution No. 2014-115, a resolution of the City Council of the City of Redding approving the 35th Amendment to City Budget Resolution No. 2013-061 appropriating an additional $400,000 in Citywide Traffic Impact Fee funds for the previously authorized settlement of litigation related to the Oasis Towne Center project (T.Y. Lin International v. Onesta Corporation, et al., Los Angeles County Superior Court Case No. BC465753). [B-130-070/L-100] 4.11(c).Accept Bid Schedule No. 4674 (Job No. 5331), Clear Creek Wastewater Treatment Plant 2014 Sludge Removal Project, awarded to Eddie Axner Construction, as satisfactorily complete,with a final cost of$62,643.26. [B-050-020/W-010-450] 4.11(d).Authorize the following action relative to Bid Schedule No. 4688, Foothill 6 million gallon (MG) Reservoir Repair Project: (1) award the project to Modern Building Inc. in the amount of $194,628.50 to drain the reservoir at the Foothill Water Treatment Plant and seal the leaking joints; (2) approve an additional $40,000 to cover the cost of contract administration and inspection fees; (3) approve $20,000 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$5,000, for a total of$259,628.50. [B-050-020/C-050-875] Council Member Weaver disclosed that he resides near the Foothill Water Treatment Plant. 4.11(e).Accept the Mitigation Fee Act Report Update for Fiscal Year 2013-14 and an accounting of development fees; and adopt Resolution No. 2014-116, a resolution of the City Council of the City of Redding making findings concerning unexpended funds in the City of Redding's Impact Fee Program. [F-205-600] 4.11(f).Authorize the Mayor to execute a subdivision agreement with J & S Highland Park, LLC, and MCG, LP, and approve the final map for Highland Park Subdivision, Unit 8 (S-18-05) located east of Mill Valley Parkway and west of Reddington Drive, thereby instructing the City Clerk to file the map with the Shasta County Recorder. [S-101-102] 4.12(a).Adopt Resolution No. 2014-117, a resolution of the City Council of the City of Redding amending the City-wide Records Retention Schedule; and authorize the City Clerk, in cooperation with the City Attorney, to amend the Schedule as necessary to ensure compliance with regulatory requirements. [A-050-055-750] 4.12(b).Accept report relative to 2015 term expirations and vacancies for City Boards, Commissions and Committees as fulfilling the requirements of California Government Code Section 54972(Maddy Act). [B-080] A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, that the foregoing items on the Consent Calendar be accepted, acknowledged, adopted, approved, and/or authorized as recommended. The Vote: AYES: Council Members -Cadd, McArthur, Schreder,Weaver, and Sullivan NOES: Council Members - None ABSTAIN: Council Members -None ABSENT: Council Members- None 12/02/2014 161 Resolution Nos. 2014-115 through 2014-117 are on file in the Office of the City Clerk. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS, BOARDS, COMMISSIONS AND COMMITTEES 9A. POSTPONED TO A FUTURE COUNCIL MEETING AT COUNCIL MEMBER MCARTHUR'S REQUEST Possible Utilization of Former Mayor Bosetti as a Volunteer Advisor to the City Council for Labor Negotiations [P-100-050/A-050-060] 9B. Placement of"Non-Agenda Public Comment" on the Agenda [A-050-060/C-110-100] City Manager Starman highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and relayed Council Member McArthur's recommendation that the City Council discuss the possibility of offering an Ordinance for first reading by title only, and waiving the full reading, to permanently move "Non-Agenda Public Comment" to Section 10 on the agenda. Vice.Mayor McArthur stressed the importance of conducting the business of the City of Redding by addressing agendized items prior to non-agendized public comment. She emphasized that in no way was she intending to suppress free speech. Charles W. Alexander, Murray Blake, and George Clarke opposed moving the public comment to Section 10, towards the end of the agenda. Carl Arness supported moving the Public Comment to Section 10 on the agenda. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, to introduce for first reading by title only and waive the full reading of Ordinance No. 2518, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 2 (Administration and Personnel), Chapter 2.04 (City Council) by amending Section 2.04.120 related to the Order of Business for Regular Meetings of the Redding City Council. The Vote: AYES: Council Members -McArthur, Schreder, Weaver, and Sullivan NOES: Council Members-Cadd ABSTAIN: Council Members- None ABSENT: Council Members -None City Attorney Duvernay read the full title of Ordinance No. 2518 9C. Discuss Economic Development Administration Award Number 07-01-04095 and its Potential Impact to Disposition of City-Owned Property, the Subject of Measure B [A-050-060/G-100-070/C-070-200] City Manager Starman summarized the Report to Redding City Council (staff report), incorporated herein by reference, and relayed Council Member Cadd's recommendation that the City Council discuss the Economic Development Administration (EDA) Award Number 07-01-04095 and its potential impact on the disposition of the City-Owned property that was the subject of Measure B on the November 4, 2014, General Municipal Election. Alan Shipman stated that even with the new EDA information, he still would have voted in favor of Measure B. Curtis Brown emphasized the need to pay prevailing wages to the union workers to construct the proposed Sheraton hotel. Andrew Meredith opined that it was wrong that the City Manager and Council were not informed of the EDA issue,which only the three negotiating team members knew about. • 12/02/2014 162 Bob Reitenbach opined that The McConnell Foundation should not be controlling the City of Redding through the City Council. A discussion amongst the Council ensued. In response to Council Member Cadd's concern about receiving conflicting advice regarding the confidentiality of documents associated with the sale of property to the McConnell Foundation, City Attorney Duvernay explained that through requirements of the California Public Records Act, some information is confidential until talks are completed and action is taken, citing examples such as labor negotiations and litigation. Once action is taken, the information is then public, thus why Mr. Cadd was denied the chance to look at appraisals until after a vote was taken at a City Council Meeting. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, to accept the report regarding the Economic Development Administration Award Number 07-01-04095 and its potential impact on the disposition of the City-Owned property that was the subject of Measure B on the November 4, 2014, General Municipal Election. The Vote: AYES: Council Members - McArthur, Schreder,Weaver, and Sullivan NOES: Council Members -Cadd ABSTAIN: Council Members- None ABSENT: Council Members- None 9.1(b). Selection Process for the City of Redding's Next City Attorney; and Resolution -40th Amendment to City Budget Resolution No. 2013-061 [A-050-0501B-130-070/P-100-060] City Manager Starman provided an overview of the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council: (1) authorize an Agreement with William Avery & Associates, Inc., in an amount not to exceed $24,300, to conduct a comprehensive search for the City of Redding's next City Attorney; and (2) adopt a resolution approving the 40th Amendment to City Budget Resolution No. 2013-061 appropriating $24,300 for Fiscal Year 2014-15. Dick Fyten suggested outsourcing the City Attorney Office. In response to Council Member Cadd's suggestion to save on costs and have the City's Personnel Department proceed with the recruitment of the next City Attorney, City Manager Starman noted several potential issues associated. A discussion amongst the City Council ensued. A MOTION WAS MADE by Council Member Schreder, seconded by Council Member McArthur, to: (1) authorize an Agreement with William Avery & Associates, Inc., in an amount not to exceed $24,300, to conduct a comprehensive search for the City of Redding's next City Attorney; and (2) adopt Resolution No. 2014-118, a resolution of the City Council of the City of Redding approving and adopting the 40th Amendment to City Budget Resolution No. 2013-061 appropriating $24,300 to contract for a comprehensive search for the City Attorney position for Fiscal Year 2014-15. The Vote: AYES: Council Members -Cadd, McArthur, Schreder,Weaver, and Sullivan NOES: Council Members- None ABSTAIN: Council Members- None ABSENT: Council Members - None Resolution No. 2014-118 is on file in the Office of the City Clerk. 12/02/2014 163 9.11(b).Award Request for Proposal No. 4644, Engineering Services for the Foothill Water Treatment Plant [B-050-100/W-010-450] Council Member Weaver disclosed that he resides near the Foothill Water Treatment Plant. Public Works Director Crane summarized the Report to Redding City Council (staff report), incorporated here in by reference, and recommended that the City Council authorize the following action relative to Request for Proposals (RFP) No. 4644, Design and Construction Engineering Services for Foothill Water Treatment Plant (FWTP) improvements: (1) award RFP to West Yost Associates; (2) authorize staff to negotiate a consulting and professional services contract for design services in an amount not to exceed $300,000, including the original RFP and the additional filter media design and construction management; and (3) authorize the Mayor to execute the Consulting and Professional Services contract; and(4)authorize the City Manager to approve contract amendments up to $30,000. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to: (1) award Request for Proposals (RFP) No. 4644, Design and Construction Engineering Services for Foothill Water Treatment Plant improvements to West Yost Associates; (2) authorize staff to negotiate for design services in an amount not to exceed $300,000, including the original RFP and the additional filter media design and construction management; (3) authorize the Mayor to execute the Consulting and Professional Services contract; and (4) authorize the City Manager to approve contract amendments up to $30,000.The Vote: Unanimous Ayes. POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [P-150] At Council Member Weaver's suggestion, it was the consensus of the Council to direct City Manager Starman to prepare a report for the Council's consideration at a future meeting regarding the scope and potential costs associated with a public safety strategic plan. [A-050-060] Vice Mayor McArthur encouraged the community to attend the 6th Annual National Wreaths Across America Program at the Northern California Veterans Cemetery on Saturday, December 13, 2014, at 12:00 p.m. CLOSED SESSION At the hour of 8:36 p.m., Mayor Sullivan announced that the Council would adjourn to Closed Session. At the hour of 8:50 p.m., Mayor Sullivan reconvened the Regular Meeting to Open Session and reported that in reference to: 12A. Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property location: 835 Fell Street,Assessor's Parcel Number: 104-920-009 Agency Negotiator: Deputy City Manager Clark Negotiating parties: City of Redding and Dan Roberts Under negotiation: Price and terms [C-070-010] The City Council took no reportable action on this item. 12/02/2014 164 ADJOURNMENT There being no further business, Mayor Sullivan declared the meeting adjourned at the hour of 8:51 p.m. APPROVED: he 1.41.4A\/Ci ranc Sullivan, Mayor ATTEST: Pame a Mize, ity Clerk 12/02/2014