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HomeMy WebLinkAboutMinutes - City Council - 2014-12-16 167 Redding City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding,CA 96001 December 16, 2014, 6:00 PM The meeting was called to order by Mayor Francie Sullivan with the following Council Members present: Gary Cadd, Missy McArthur, Kristen Schreder, and Brent Weaver. Also Present were: City Manager Kurt Starman, Assistant City Manager/Electric Utility Director Barry Tippin, City Attorney Rick Duvemay, 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: City Treasurer Allyn Clark, Personnel Director Sheri DeMaagd, Support Services Director Rod Dinger, Finance Director Dennice Maxwell, Community Services Director Kim Niemer, and Police Chief Robert Paoletti. The Pledge of Allegiance to the Flag was led by the Reverend Dr.Ann Corrin. The Invocation was sung by the Pilgrim Congregational and Interfaith Choir entitled "Noel Noel". ' PRESENTATIONS 2A. Presentation to Ann Duchi in recognition of her service on the Community Development Advisory Committee from December 2008 to December 2014 [B-080-600-100] The City Council took no action on this informational item. 2B. Presentation to Staci Bertagna in recognition of her service on the Community Development Advisory Committee from August 2008 to December 2014 [B-080-600-100] The City Council took no action on this informational item. 2C. Presentation to Founding Member Patte Jelavich in recognition of her service on the Shasta Public Library Citizen's Advisory Committee from November 2006 to November 2014 [B-080-600-244] The City Council took no action on this informational item. 2D. Presentation by Shasta County Assessor-Recorder Leslie Morgan regarding the 2014 Annual Assessments Report [S-010] The City Council took no action on this informational item. PUBLIC COMMENT [S-050] Nick Gardner suggested that the City Council receive a presentation by Mike Baird relative to the State of Jefferson movement to have Northern California secede from California. [F-200/S-070] Sylvia Milligan suggested that Bonnyview Road be renamed to Bonnyview Boulevard and opined that the improvements are a beautiful addition to the City of Redding. She provided a brief update that coordination with the Lassen National Forest has been progressing well and thanked the Council for its support. 12/16/2014 168 [A-050-060] Murray Blake stated that he knows the difference between Boy Scouts and Girl Scouts and questioned whether the Record Searchlight had a reporter at the Council meetings opining that the information he hears versus what he reads in the paper are different. [P-100-240] George Clarke noted that his intentions are not to be mean or spiteful during the public comment period, but to enlighten citizens relative to the Public Agency Retirement Services (PARS) issues within the City and thanked City staff for their assistance in providing requested information. [T-010/C-070-200] John Wilson supported tax sharing for public safety and remarked that the Purchase and Sale Agreement should be null and void due to escrow not being opened yet on the sale of the City-owned property to the McConnell Foundation, the subject of Measure F on the November 2014 General Municipal Election ballot. [A-050-060] Beverly Banghart stated that the Council took an Oath of Office to uphold the Constitution of the United States of America as well as the laws and ordinances of the City of Redding, thereby noting that each Council Member should vote individually and be fair to everyone. She opined that the City Attorney should represent the City, not just the City Council, as a client. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar and each Report to Redding 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. 11, for the period of November 14, 2014, through November 26, 2014, for a total of $9,988,171.76, for check numbers 100272 through 100674, inclusive, ACH Transfer numbers 11491 through 11523 inclusive, and Wire Transfer numbers 5412 through 5423, inclusive; and (2) Payroll Register No. 12, for the period of November 23, 2014, through December 6, 2014, in the amount of$2,647,980.32, for electronic deposit transaction numbers 382214 through 383043, inclusive, and check numbers 600104 through 600143, inclusive; SUMMARY TOTAL: $12,636,152.08. 4.2(a). Assign the right of the Successor Housing Agency to the former, Redding Redevelopment Agency (SHA) to purchase property located at 835 Fell Street to the City of Redding; authorize the Mayor to execute a Purchase Agreement for the subject property in an amount not to exceed $134,000; and authorize staff to expend a total amount up to $142,500 to complete the associated property purchase and rehabilitation activities to prepare it for resale to an income-qualified buyer. [R-030-606/C-070-010] 4.3(c). Authorize the following action regarding Lot 10 and 11 in the Redding Airport Business Park: (1) approve the First Amendment to Real Estate Purchase and Sale Agreement (C-6278)with Lockheed Group, LLC; (2) authorize the Mayor to execute the Amendment; and (3) authorize the City Manager, or his designee, to execute future amendments to the Agreement. [C-070-200/A-090-100] 4.5(a). Authorize the following action relative to performing an organizational assessment of the Redding Electric Utility(REU)as part of the strategic planning effort: (1)approve a sole source contract (Contract) with Leidos Engineering, LLC; (2) authorize the City Manager to sign the Contract and any amendments for a cost not-to-exceed $125,000; and (3) adopt Resolution No. 2014-119, a resolution of the City Council of the City of Redding adopting and approving the 41st Amendment to City Budget Resolution No. 2013-061 appropriating $125,000 in Fiscal Year 2014-15 to contract for an organizational assessment of REU. [B-130-070/E-090] 4.5(b). Accept the Redding Electric Utility Monthly Financial Report for October 2014. [B-130-070] 12/16/2014 169 4.5(d). Authorize the following, relative to Bid Schedule No. 4701, Window Coverings for the Redding Electric Utility Headquarters Building at 3611 Avtech Parkway: (1) deem North State Blinds & Draperies' bid as non-responsive; (2) award to Blaser Building Specialties, Inc., in the amount of $17,548; and (3) authorize the City Manager, or his designee, to approve project construction change orders up to a not- to-exceed total of$5,000. [B-050-020/C-050-210] 4.6(a). Adopt Resolution No. 2014-120, a resolution of the City Council of the City of Redding approving and adopting the 42nd Amendment to City Budget Resolution No. 2013-061 appropriating $24,000 to purchase a riding mower for the City's Parks Maintenance Division. [B-130-070/P-050] 4.10(a).Accept the General Fund Monthly Financial Report for October 2014. [B-130-070] 4.11(b).Authorize the following action relative to Bid Schedule No. 4693 (Job No. 2417), South Bonnyview Bridge Water Main Pipe Support Improvements: (1) award Bid to Stewart Engineering in the amount of $299,495 for removal, inspection, and reinstallation of a 20-inch diameter water pipe suspended on the north span of the South Bonnyview Bridge; (2) approve an additional $65,000 to cover the cost of administration and inspection fees; (3) approve $35,000 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$15,000,for a total of$414,495. [B-050-020/W-030-725] 4.12(a).Approve the issuance of a Purchase Order to JRC, Inc. dba NorCal Presort for the City of Redding's mail services for the period January 1, 2015, through December 31, 2015, approximately $210,000 per year; and authorize the Purchasing Officer to extend the term on an annual basis for an additional five-year period or until such time as another local provider could potentially provide such service. [B-050-100] A MOTION WAS MADE by Council Member Cadd, seconded by Council Member Weaver, 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 PUBLIC HEARINGS, PETITIONS,AND PROTESTS 6.1. Ordinance -Amending Redding Municipal Code(RMC)Title 11 (Vehicles and Traffic), Chapter 11.20 (Weight Restrictions) [C-110-100/T-080-500] Public Works Director Crane highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council conduct a Public Hearing and, upon conclusion, offer an ordinance amending RMC Title 11 (Vehicles and Traffic), Chapter 11.20 (Weight Restrictions), prohibiting vehicles over seven tons on 11th Street, for first reading by title only and waive the full reading. The hour of 6:00 p.m. having arrived, Mayor Sullivan opened the public hearing to consider the Ordinance amending RMC Title 11 (Vehicles and Traffic), Chapter 11.20(Weight Restrictions). The Affidavit of Publication—Notice of Public Hearing is on file in the Office of the City Clerk. Mayor Sullivan determined that no one present wished to address this matter and closed the public hearing. 12/16/2014 170 A MOTION WAS MADE by Council Member Cadd, seconded by Council Member McArthur, to introduce for first reading and waive the full reading of Ordinance No. 2519, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 11 (Vehicles and Traffic), Chapter 11.20 (Weight Restrictions), prohibiting vehicles over seven tons on 11th Street. The Vote: AYES: Council Members -Cadd, McArthur, Schreder, Weaver, and Sullivan NOES: Council Members- None ABSTAIN: Council Members- None ABSENT: Council Members - None City Attorney Duvemay read the full title of Ordinance No. 2519. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENT, BOARDS, COMMISSIONS AND COMMITTEES 9A. MOVED FROM CONSENT CALENDAR AT COUNCIL MEMBER CADD'S REQUEST Adoption of Ordinance No. 2518 - Related to Placement of "Non-Agenda Public Comment" on the Agenda [C-110-100/A-050-060] In compliance with the vote of the City Council on December 2, 2014, approving the ordinance for first reading, it is the recommendation of the City Manager that the City Council adopt Ordinance No. 2518, an ordinance of the City Council of the City of Redding amending Redding Municipal Code (RMC) 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, specifically "Non-Agenda Public Comment". Council Member Cadd explained that he removed this item from the consent calendar for discussion in response to a letter received by the City Council from the League of Women Voters dated December 16, 2014, incorporated herein by reference. The following spoke in opposition to adopting an ordinance authorizing the Non- Agenda Public Comment period to be moved near the end of the Agenda: Peter Scales, Mary Stutts, George Clarke, Carl Bott, Sally Rapoza, John Wilson, Randy Carter, Nick Gardner, Murray Blake, Charles W. Alexander, Linda Johnson, Reverend Bryant J.Williams III, Dick Fyten,Terry Rapoza, and Tom Hildebrand. On behalf of the Redding Area League of Women Voters (League), Susan Wilson spoke in opposition to moving the public comment period near the end of the Agenda. On behalf of Shasta Voices, Executive Director Mary Machado opined that agendized items should be a priority and supported moving the public comment portion near the end of the Agenda. Attorney Walt McNeill provided the Council with a letter containing research information, incorporated herein by reference, canvassing over 73 cities in California for their public comment placement on their agendas. He opined that the City of Redding would be an anomaly if the Council were to place public comment near the end of the Agenda. In lieu of speaking, Gary Hollahan displayed hand gestures apparently signaling his opposition. Carl Arness spoke in support of moving the public comment period near the end of the agenda. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Cadd not to adopt the ordinance moving the Public Comment period near the end of the agenda. Motion failed due to lack of a second. 12/16/2014 171 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, to adopt Ordinance No. 2518, an ordinance of the City of Redding amending RMC 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, specifically"Non-Agenda Public Comment". The Vote: AYES: Council Members -McArthur, Schreder, Weaver, and Sullivan NOES: Council Members- Cadd ABSTAIN: Council Members- None ABSENT: Council Members -None Ordinance No. 2518 is on file in the Office of the City Clerk. 9B.- Use of Body Cameras by the Redding Police Department [P-150-150] Vice Mayor McArthur recalled that the City Council approved the use of body cameras for Redding Police Department (RPD) officers several months ago, and. requested that Chief Paoletti provide an update on the status of implementation in light of recent officer-involved shootings across the country. Chief Paoletti opined that he fully supports the use of body cameras for Redding police officers. He noted that, after conducting extensive research relative to body cameras, several challenges must be overcome before RPD should purchase the body cameras. Chief Paoletti stated that development of a cohesive policy is of paramount importance. He stated that some of the issues to be resolved include: (1)Privacy Act- for both victims and officers; (2) Public Records Act—specifically, what information is considered public and what is not; and (3) Retention Schedules — conflicting timelines exist between federal and state guidelines. Chief Paoletti stated that he is working with both the Redding Peace Officers' and Redding Police Managers Associations to develop appropriate policies relative to disciplinary actions to be taken when an officer fails to turn a camera on and other such instances. He noted that this is a "meet and confer" issue with the unions and relayed that the unions are not opposed to body cameras and are working with him to create a sound policy before moving forward. In addition, the California Police Chiefs Association is working on guidelines to assist police organizations with implementation of a comprehensive policy. Their work should be completed by spring 2015. In response to Vice Mayor McArthur's concern relative to potential liability to the City due to delaying the implementation of body cameras, City Attorney Duvernay stated that he shares Chief Paoletti's caution in moving forward and opined that it may be July 2015 before an appropriate policy comes to fruition. In response to Vice Mayor McArthur's request, Chief Paoletti affirmed that he will return to the Council with quarterly updates. A discussion amongst the Council ensued. Barbara Atkinson and Liz Benage spoke in support of implementing body cameras for RPD and emphasized the need to expedite the process on behalf of underprivileged community members for their protection as well as the officers. The City Council took no action on this informational item. 9C. Discuss Vice Mayor McArthur's Suggestion To Eliminate The Electric Utility Commission [B-080-160] Vice Mayor McArthur explained that she wanted the Council to discuss the possibility of eliminating the Electric Utility Commission(EUC). She opined that the EUC has not presented many ideas for the Council's consideration and, with the estimated cost of $45,800 and the extra work placed on already understaffed REU employees, it is appropriate to discuss discontinuing the committee. Council Member Cadd offered his support for continuing the EUC. 12/16/2014 172 The following opposed eliminating the EUC: Murray Blake, Dick Fyten, Peter Scales, John Wilson, Charles W. Alexander, Cameron Middleton, Linda Johnson, Sally Rapoza, Mary Machado, Executive Officer of Shasta Voices and Walt McNeill. EUC Vice Chairman Marcus Partin spoke as an individual and business owner and supported maintaining the EUC and noted that the utility industry is very complex. EUC Chairman Adam McElvain spoke as an individual and stated that originally the cost estimate of the EUC was between $50,000 and $200,000 per year, therefore the current cost of $45,000 is below projections. He opined that he supports accountability and transparency and noted that it is needed now more than ever with new legislation being passed. EUC Commissioner Len Wingate explained that EUC's purpose is to advise the Council, and should not be compared to the CPUC, as the EUC does not set rate structures. He opined that the EUC has not been asked to investigate many issues, therefore, not many recommendations have come before the Council. A discussion amongst the Council ensued. In response to Vice Mayor McArthur, Mr. Starman stated that the Council has appointed seven very capable commissioners to the EUC noting that it is a very complex industry and volunteers face a challenge to familiarize themselves with all the information. He stated that the EUC is an advisory body to the Council, does not set rates, and offered to provide the Council Members with past EUC minutes and staff reports to provide more facts on the EUC's role and what topics they have discussed over the past 18 months. Council Members Schreder and Weaver requested more information be provided to them before making a decision. A MOTION WAS MADE by Council Member Schreder, Seconded By Council Member Weaver, to not take action to eliminate the Electric Utility Commission (EUC), and directed staff to provide additional information and clarification regarding the roles and responsibilities of the EUC.The Vote: Unanimous Ayes. 9.5(c). Award of Bid — Bid Schedule No. 4682, Install New Controls on Peaking Units at Redding Power; and Resolution - 43rd Amendment to City Budget Resolution No. 2013-061 [B-050-100/B-130-070] Electric Utility Director Tippin highlighted the Report to Redding City Council (staff report), incorporated herein by reference, and recommended that the City Council authorize the following relative to Bid Schedule No. 4682, Install New Controls on Peaking Units at Redding Power: (1) deem HPI, LLC'S bid as non-responsive; (2) award Bid Schedule No. 4682 to Siemens Energy; 3) approve the use of the change order process within Contract C-5661 to facilitate the contractual terms and payments for the scope of work within Bid Schedule No. 4682; 4) authorize the City Manager or his designee to sign the change order; 5) approve a contingency amount of$342,614; and 6)adopt a resolution approving the 43rd Amendment to City Budget Resolution No. 2013-061 appropriating $576,000 to contract for the Control System Upgrade of Peaking Generators Units 1-3 at the Redding Power Plant, plus providing funding for the concrete cable raceways which will be accomplished through a future bid process. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Weaver, to authorize the following relative to Bid Schedule No.4682, Install New Controls On Peaking Units at Redding Power: (1) deem HPI, LLC'S bid as non- responsive; (2) award Bid Schedule No. 4682 to Siemens Energy; (3) approve the use of the change order process within Contract C-5661 to facilitate the contractual terms and payments for the scope of work within Bid Schedule No. 4682; (4) authorize the City Manager or his designee to sign the change order; 5) approve a contingency amount of$342,614; and 6) adopt Resolution No. 2014-121, a resolution of the City Council of the City of Redding approving and adopting the 43rd Amendment to City Budget Resolution No. 2013-061 appropriating $576,000 to 12/16/2014 173 contract for the Control System Upgrade of Peaking Generators Units 1-3 at the Redding Power Plant, plus providing funding for the concrete cable raceways which will be accomplished through a future bid process. 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. 2014-121 is on file in the Office of the City Clerk. 9.6(b). Oral Presentation Regarding Upcoming Winter Rink Downtown Partnership [P-050] Community Services Director Niemer and Viva Downtown Executive Director John Truitt announced the partnership between the City and Viva Downtown and provided a short movie clip highlighting the upcoming Winter Rink Downtown. Mr. Truitt noted that Viva Downtown raised over $10,000 in less than a week for this project. He cited partners such as K2 Development who donated the space within the old Dickers Department Store in the Market Street Promenade to host the synthetic ice rink and many other community members who have stepped up to donate decorations and volunteer hours. Ms. Niemer noted that the Winter Rink Downtown will be open daily December 20, 2014, through January 5, 2015, and is staffed by the City of Redding's Aquatic Center employees. The City Council took no action on this informational item. POTENTIAL TOPICS FOR FUTURE CITY COUNCIL MEETINGS [P-150] At Council Member Weaver's suggestion, it was the consensus of the City Council to clarify for City staff that the Strategic Plan for Public Safety should include both the fire and police departments. [P-050-460] At Council Member Weaver's suggestion, it was the consensus of the City Council to invite Steve Anderson, retired Bureau of Land Management Chief, and Brian Sindt, who are responsible for new trail systems being created in Shasta County, to provide a presentation at a future Council meeting. CLOSED SESSION [P-100-050] Linda Johnson opined that the Council should be conscientious during labor negotiations cautioning against increasing employee wages. At the hour of 10:03 p.m., Mayor Sullivan announced that the Council would adjourn to Closed Session. At the hour of 11:05 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 located at Oasis Rd. and Twin View Blvd.; and Oasis Rd. and Oasis Ct. Assessor's Parcel Nos.: 074-130-01, 02, 03, 074-140-03, 074-150-10, 13, 16, 17, 18, 19,38,41,44 and 45; and 074-150-09 Agency Negotiators: Assistant City Attorney Frediani and Project Coordinator Triantafyllou Negotiating Parties: City of Redding and Carla Bloxham, Trustee of the Carla Bloxham Trust of 1999 and Judy Fogt, Trustee of the Judy Fogt Trust of 1999; and Martha Brockschmidt Under Negotiation: Price and Terms for the Oasis Rd/Twin View Blvd Interchange Project [C-070-010] The City Council took no reportable action on this item. 12/16/2014 174 12B. 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 on this item. 12C. Closed Session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director Demaagd Employee Organizations: 1) Redding Independent Employees'Organization(RIEO) 2) Local Union 1245 of International Brotherhood of Electrical Workers AFL- CIO - Maintenance Employees 3) Local Union 1245 of International Brotherhood of Electrical Workers AFL- CIO -Electric Employees 4) Redding Peace Officers'Association(RPOA)-Miscellaneous Unit [P-100-050-127/P-100-050-129/P-100-050-070/P-100-050-120] The City Council took no reportable action on this item. ADJOURNMENT There being no further business, Mayor Sullivan declared the meeting adjourned at the hour of 11:06 p.m. APPROVED: ranc Sullivan, Mayor ATTEST: ItA. Pamela Mize, City Cl;r' 12/16/2014