HomeMy WebLinkAboutMinutes - City Council - 2002-07-02
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
July 2, 2002, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by City Attorney Wingate.
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The Invocation was offered by Pastor Roger Ralston, Shasta County Jail Retired Chaplain.
The meeting was called to order by Mayor Kight with the following Council Members
present: Pohlmeyer, and Stegall. Council Members Cibula and McGeorge were absent.
Also present were City Manager Warren, Assistant City Manager Perry, Deputy City
Manager Starman, City Attorney Wingate, Development Services Director Hamilton, Electric
Utility Director Feider, Administrative Services Director Bachman, Support Services
Director Kersten, Economic Director Mitchell, Community Services Director Niemer,
Convention Center and Visitors Bureau Manager Kerr, City Clerk Strohmayer, Assistant City
Clerk Sherman, and Executive Secretary Stribley.
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ELECTRIC UTILITY AUDIT REVIEW COMMITTEE
(B-080-600 & E-090-1 00)
Mayor Kight recognized and thanked Electric Utility Audit Review Committee members
Dick Johnson, Arch Pugh, John Olson, Fred Weatherill, Tim Nichols, Linda Anderson, Ward
Gandy, Jack Lataos, Bill Holmes, Austin Morris, Ray Phillips, and Elizabeth Woodward, for
their efforts to secure a reliable, safe, and solvent electric utility. Mayor Kight also
recognized Electric Program Manager Graves and other Electric Utility staff for their
assistance in organizing facts and figures for the Committee. Mayor Kight also applauded
Redding Electric Utility staff for their hard work and dedication.
No action was required on this item.
RESOLUTION - Honoring retiring City Attorney W. Leonard Wingate
(A-050-060 & A-050-050)
On behalf of the City Council, City staff, and the citizens of the City of Redding, Mayor
Kight presented retiring City Attorney Wingate, with a resolution commending his dedication
and outstanding service to the City of Redding in providing legal counsel to the City Council
and staff over the last seven years. Mayor Kight acknowledge Mr. Wingate's invaluable
assistance with many City projects and accomplishments such as: 1 0- Year Financial Plan,
construction of the Civic Center, SHASTEC and Buckeye Redevelopment Projects areas,
update of the General Plan, expansion of Redding Power Plant and energy assets, Lake
Redding Bridge, Turtle Bay Arboretum and Museum, Aquatic Center, Sports Complex, and
many others. Mayor Kight explained that City Attorney Wingate has been with the City since
1995, and will be sorely missed. He congratulated Mr. Wingate on his well-deserved
retirement effective July 12,2002.
Mayor Kight recommended adoption of the resolution honoring retiring City Attorney
Wingate.
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City Attorney Wingate thanked the community and City staff expressing gratitude for the
opportunity to serve the City of Redding.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Stegall,
adopting Resolution No. 2002-103, a resolution ofthe City Council of the City of Redding
honoring retiring City Attorney W. Leonard Wingate and commending his outstanding
service and contributions to the City of Redding. The Vote:
A YES: Council Members - Pohlmeyer, Stegall, and Kight
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - Cibula and McGeorge
Resolution No. 2002-103 is on file in the Office of the City Clerk.
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PRESENTATION - National Recreation Trails recognition plaque to the City of Redding
(A-050-060 & P-0.50-46Q-700)
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Pam Gluck, Executiv~ Director of American Trails, and Board Member Roger Bell presented
Certificates ofDesigriation to Mayor Kight, Environmental Division Chair for the Bureau of
Reclamation Russell Smith, ariq Area Manager for the Bureau of Land Management Chuck
Sch,ultz, of4~ially proclaiming th~ Sacramento River Trail and Sacramento Rail-Trail as
Nation,!-l Recreation Trails in the National Trail System by the U.S. Department of the
Interior and the National Park Service.
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Ms. Gluck explained that American Trails is a national non-profit organization working for
the benefit of all trail enthusiasts. She pointed out that American Trails works in partnership I
with the National Park Service to revitalize the National Recreation Trails Program. She
stated that on Nati()nal Trails Day, June 1, 2002, Secretary of the Interior Gail Norton
proclaimed the City of Redding's Sacramento River Trail and Sacramento Rail-Trail as
National ~ecreat~on Trails. She pointed out that the Redding area is a shining example of
agenci~s working in co~cert with a copunitment to trails.
Mayor Kight thanked Ms. Gluck for the national recognition of Redding's trail systems and
affin;ned the City's commitm~nt to enlarge the trail system.
No action was required on this item.
Approval of Minutes - Special and Regular Meetings of June 18, 2002, and Special Meeting
of June 21, 2002. '
Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No. 24, check numbers 301550 through
302Q85 inclusive, in the amount of$4,009,108.95, for th~ period of June 18,2002, through
June 28, 2002; Wire Transfers for the period of June 16,2002, through June 30, 2002, in the
amount of $3,372,089.34; and P~yroll Register No. 26, electronic deposit transaction
numbers 109709 through 110365 and check numbers 490006 through 490310 inclusive, in
the amount of $1)68,230.24, for'the period of June 9, 2002, through June 22, 2002, be
approved.
TOTAL: $9,149,428.53
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Treasure~'s Report - May 2002
(A-050-100-600)
Total Treasurer's Accountability
$128,848,904.36
Total City of Redding Fun4s, Funds fIeld in
Trust, and Funds of Related Entities $176,747,740.28
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ACR133 Report and Cash Reconciliation
(F -205-095-650)
It is the recommendation of the Administrative Services Director that the ACR133 Report
and the Proof of Cash Reconciliation for May 2002 be accepted.
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Ordinance - Am~nding Redding Municipal Code and adopting the 2001 Fire Code
(C-II0-275/P-150-070/F-21O)
It is the recommendation oft-tIe Fire ChiefthatOrdin~nce No. 2296 be adopted, an ordinance
of the City Council o~th~ City of Redding amending Redding Municipal Code Chapter 9.20
(Fire Prevention), Chapter 14.08 (W~ter), Chapt~r 16.14 (Building Security), chapter 17.32
(Subdivision Design), Chapter 17.38 (Improvement Requirements), and Chapter 18.20
(Office [C-q] Qistriqt) changes.. re fire prevention, building security, subdivision design,
improvement requiremel}ts, etc. and adopting the 200 1 Cali~omia Fire Code.
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Ordinance - ; Amending Regding Municipal Code Chapter 1.13, increasing administrative
citatiqn fines for first-time offenses.
(C-II0-I00-400)
It is the recommendation ofthe Fire Chiefthat Ordinance No. 2297 be adopted, an ordinance
of the City Council of the City of Redding amending Redding Municipal Code Chapter 1.13
(Administrative Citations) Section 1. 13.040-Amount of Fines- subsection (A) to provide a
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fine of $50.00 for a first violation of the Redding Municipal Code; and subsection (D)
providing a $100.00 fine for the second and subsequent violations of Uniform Fire Code
Section 1110 relating to unsecured vacant buildings and combustible or hazardous material
in vacant buildings. .
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Quarterly Property Status Report
(C-070)
It is the recommendation of the Assistant City Manager that the City Council accept the
Quarterly Property Status Report as of June 20, 2002, which includes the following: 1)
Surplus City Property; 2) Leases of City Land; 3) Offers to sell Land to the City; and 4) City-
Initiated Purchases of Land.
Amendments to Lease and Consulting Agreements -Big League Dreams (BLD) for the Sports
Complex Project
(P-050-600-200)
It is the recommendation of the Assistant City Manager that the City Council extend the date
Big League Dreams (BLD) may exercise their option to terminate the Lease and Consulting
Agreements for the Sports Complex Project from May 1, 2003 to October 1, 2003, due to
delays in the permitting process. It is further recommended that the request by Bill that the
City commence monthly payments in the amount of $25 ,333 for completed consulting work
up to $190,000 be approved. The balance of $190,000 will be paid upon award of bid.
Carl Arness, Redding resident, questioned advocating payment ofthe consultant in advance
of work performed. Assistant City Manager Perry explained that BLD has been performing
work on this Project without compensation for approximately six months. The proposed
amendment will provide the same number and amount a few months earlier and extend the
lease agreement with BLD to October 2003.
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Resolution - Approving amendments to the Housing Rehabilitation Loan Policy and the
Emergency Repair Program Policy
(G-100-080-380 & G-100-080-100)
It is the recommendation of the Deputy City Manager that Resolution No. 2002-104 be
adopted, a resolution of the City Council of the City of Redding authorizing implementation
of amendments to the Housing Loan Policy and Emergency Repair Program Policy for
compliance with State and Federal regulations.
Monthly Financial Report - Electric Utility
(B-130-070)
It is the recommendation of the Electric Utility Director that the City Council approve the
Electric Utility's Monthly Financial Report for May 2002. Retail power sales revenue is
5.0%, or $3,415,180 below projections and wholesale power sales through May are 18.6%
or $7,312,805 below projections. Operating revenue after energy costs is $31,273,153 or
19.0% ($7,332,622) below projections. The total cost of electricity through May 2002 is
$2,723,734 or 3.9 % below projections. The Utility's earnings before interest, depreciation,
and amortization is $17,136,964.
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Funding and Lease Agreements - Shasta County Arts Council for Old City Hall
(B-130-030/C-070-100/C-050-500)
It is the recommendation of the Community Services Director that the City Council approve
the Funding Agreement with the Shasta County Arts Council (Arts Council) in the amount
of $20,700, to: 1) Support the work provided by Arts Council; 2) provide building and
grounds maintenance and utility services for Old City Hall; and 3) print a bimonthly
newsletter and activities calendar.
It is further recommended that the Lease Agreement with the Shasta County Arts Council for
use of Old City Hall, located at 1313 Market Street, as an arts center be approved; and
authorize the Mayor to sign said agreements. The term for both agreements shall be July 1,
2002, through June 30,2003.
Award of Bid - Bid Schedule No. 3548, Banking Services; and
Resolution - Approving banking service agreements with Wells Fargo Bank
(B-050-100 & A-050-100)
It is the recommendation of the City Treasurer that Bid Schedule No. 3548, Banking
Services, be awarded to Wells Fargo Bank in an amount not-to-exceed $75,000 annually.
It is further recommended that Resolution No. 2002-105 be adopted, a resolution ofthe City
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Council of the City of Redding approving entering into Banking Service Agreements with
Wells Fargo Bank, National Association for a period not-to-exceed five years; and
authorizing the City Manager to sign the agreements and related documentation.
Resolutio~ - Accepting and appropriating grant funds from the Shasta County Health
Department
(G-100/B-130-070/P-150-150)
It is the recommendation of the Chief of Police that Resolution No. 2002-106 be adopted, a
resolution of the City Council of the City of Redding approving and adopting the 53rd
amendment to City Budget Resolution No. 2001-104 appropriating $4,000 for Police Bicycle
Safety Enforcemept for fiscal year 2002-03. It is also recommended that the City Council
accept funding in the amount of $4,000 froxp. Shasta County Public Health Department to
implement the Bicycle Safety Outreach Program in collaboration with the Injury Prevention
Coalition.
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Monthly Financial Report - General Fund
(B-130-070)
It is the recommendation of the Administrative Services Director that the City Council accept
the General Fund's Monthly Financial Report forMay 2002. Total revenue to date is $44.9
million or $455,418 (1.0%) below staffs cash flow projection. Expenditures to date,
excluding encumbrances, total $44,149,642 or $4 ,779 ,841 (9.8 %) below staff s original cash
flow projection. Encumbrances total $4,349,405.
Resolution - Approving amendment to the Memorandum of Understanding with Service
Employees International Union (SEIU)-Clerical, Technical and Professional Employees, re
Senior Building Inspector
(P-100-050-124)
It is the recommendation of the Administrative Services Director that Resolution No. 2002-
107 be adopted, a resolution of the City Council of the City of Redding amending the Non-
Exempt Employee Schedule of Classifications and Hourly Wage Rate and the Exempt
Employee Schedule of Classifications and Salary Ranges for the Service Employees
International Union (SEIU)-Clerical, Technical, and Professional (CTP) Unit, effective July
7,2002, deleting the classificatiQn of Senior Building Inspector from Non-Exempt Employee
Schedule and adding the classification of Senior Building Inspector to the Exempt Employee
Schedule for SEIU-CTP and increasing the salary range $3,359 to $4,670.
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Resolution - Amending the salary plan for unrepresented employees
(P-100-320)
It is the recommendation ofthe Administrative Services Diryctor that Resolution No. 2002-
108 be adopted, a resolution of the City Council of the City of Redding amending the
Executive Management Pay-for-Performance Salary Plan, the Non-Exempt Employee
Schedule of Classifications and Hourly Wage Rates, and the Schedule of Part-Time
Employee Classifications and Wage Rates/Ranges for unrepresented employees, effective
June 23, 2002, providing a 5 % adjustment for the Electric Utility Director, a 3 % cost-of-
living adjustment for most classifications (Fire Management salaries with the exception of
the Fire Chief have been adjusted by 6 % reflecting recent settlements and the Chief of Police
by 6.4%), and equity adjustments for the Fire Chief, Administrative Services Director,
Deputy City Manager, Airports Manager, Solid Waste Manager, and Senior Personnel
Analyst ranging from 3.7% to 10.6%.
Resolution - Amending Employee Benefit Policies for unrepresented employees
(P-100-050-100 & P-100-100)
It is the recommendation of the Administrative Services Director that Resolution No. 2002-
109 be adopted, a resolution of the City Council of the City of Redding amending the
Employee Benefit Policies for unrepresented employees, effective June 23, 2002, clarifying
language modifications adding provisions approved in the last round of negotiations which
include unrepresented employees, and items such as the addition of Martin Luther King, Jr.
Day as a City holiday, increasing certain meal allowances and mileage reimbursement, and
removal of the requirement for a six-month performance evaluation.
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Set Public Hearing - Consider adjustments to the Schedule of Fees and Service Charges
(F-205-600). , .
It is the recommendation of the Administrative Services Director that the City Council set
a public hearing for July 16,2002, to consider the proposed adjustments to the Schedule of
Fees and Services Charges.
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Reiect Bids - Bid Schedule No. 3526, Eureka Way and 11th Street Traffic Signal and the
South Street and Placer Street Union Pacific Railroad Preempt
(B-050-020 & T -080-700)
It is the recommendation of Development Services Director that the City Council reject all
bids for Bid Schedule No. 3526 (Job No. 2100), Eureka Way and 11 th Street traffic signal and
the South Street and Placer Street Union Pacific Railroad Preempt as the bids received
exceed the Caltrans funds available (Engineer's Estimate $173,010).
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Resolution - Authorizing destruction of certain inactive records
(A-050-055-750)
It is the recommendation of the City Clerk that Resolution No. 2002-110 be adopted, a
resolution of the City Council of the City of Redding authorizing destruction of certain
records which have met retention requirements and have been reviewed by the City Attorney
and appropriate departments.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Stegall,
that all the foregoing items on the Consent Calendar be approved and adopted as
recommended. The Vote:
AYES: Council Members - Pohlmeyer, Stegall, and Kight
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - Cibula and McGeorge
Ordinance Nos. 2296 and 2297 and Resolution Nos. 2002-104,2002-105, 2002-106, 2002-
107,2002-108,2202-109, and 2002-110 are on file in the Office of the City Clerk.
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PUBLIC HEARING
APPEAL OF TENTATIVE SUBDIVISION MAP - Gold Hills Subdivision, Unit 6 (S-40-00)
(S-l 00-237)
City Manager Warren summarized City Attorney Wingate's Report to City Council dated
June 28, 2002, advising that Mayor Kight and Council Member Pohlmeyer will be abstaining
from participating in or voting on the appeal by Roger and Linda Mahaffey of the Planning
Commission's approval of Tentative Subdivision Map (S-4-00), Gold Hills Subdivision Unit
6, due to a conflict ofinterest. He stated that although both Council Members own property
located more than 500 feet from Unit 6, their respective properties are included by virtue of
the fact that the appellants have brought into question drainage facilities relating to Units 1-5
including the areas in which the City Council Members reside. Mr. Warren also pointed out
that because Council Members Cibula and McGeorge are absent, Council Member Stegall
is the only eligible voting Council Member.
City Attorney Wingate recommended that the public hearing regarding the appeal by Roger
and Linda Mahaffey of the Planning Commission's approval of the Tentative Subdivision
Map for Gold Hills Unit 6 (S-4-00), be continued to the regular City Council meeting of July
16, 2002.
With the concurrence of City Council, Mayor Kight continued the public hearing to July 16,
2002.
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REAPPOINTMENT - Shasta County Arts Council
(B-080-465)
Mayor Kight advised that the City's funding agreement with the Shasta County Arts Council
provides for one City Council appointee to serve on the Board of Directors which makes
recommendations on programming and administrative issues relative to the operation ofthe
Old City Hall Arts Center.
With the concurrence of the City Council, Mayor Kight recommended the reappointment of
Rob Warren to serve on the Shasta County Arts Council for a one-year term ending June 30,
2003.
MOTION: Made by Council Member Stegall, seconded by Council Member PoWmeyer,
reappointing Rob Warren to serve as Board Member on the Shasta County Arts Council
Board of Directors through the term ofthe current funding agreement to June 30, 2003.
The Vote: Unanimous Ayes
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APPOINTMENT -Interim City Attorney
(A-050,.050)
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MOTION: rvtaqe .by Council.Member Stegall, seconded by Council Member Poh1meyer,
appointing Assistant City Attorney David E. Tr~lJ.berg as Interim City Attorney effective July
13, 2Q02, due to the retirement of City A~orney Wingate, until such time as a new City
Atto.mey is appointed by the City Council. The Vote:
A YES: Counqil Me~bers - Pohlmeyer, Stegall, and Kight
NOES: Council Members - None
ABSTAIN: Gouncil Members - Npne
ABSENT: Council Members - Cibula and McGeorge
UPDATE ON MAJOR PROJECTS
Sports Complex .." ,
(A-050-080 & P-050-600-200)
Assistant City M~nager P~rry presented a progress report of the Sports Complex project
advising that design work is nearly complete. Portions of plans are being printed, and plans
and spe~ifications for bid documents are being developed. He noted that the building plans
are a~ll!ost complete pending one last submitt~J to the Bllilding Department. Mr. Perry
related that a bid has been aw~ded ilJ. the amount of $75,000 to re~ove trees and brush in
preparation for future grading which will save time for the project by shortening the grading
process when it occurs:
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Mr. Perry opined that with small refinements, the agreement with the Department ofFish and
G'.l11le wiH be ready for review and consideration by the City Council, but explained that the
. 404 Permit (for wetlapds encroachmen,t) from the U .S: Army Corps ofEngine~rs (Corps) is
still pending and has becpme a source of some concern. He explained that the Corps placed
a condition for a con~truction pepntt requiring the City to dedicate approximately 45 acres
as open space and forego any future use of the land. He related that the value of the land
when purcha~~qin 19,90 was approximately $440,000 but a c~rrent market estimate sets the
value at $835,000. He ~tated that staff will outline a proposal for consideration that will
allow use of the property and still maintain objectives set by the Corps.
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Mayor Kight expresse~ concern regarding the 404 Permit process and the fact that 45 acres
must be set ~side to s~~isfY 1.9? a,cres ofwetla.nds. He stated that the 45 acres in question is
not part oftpe project, but contig~ous to the project. Mr. Perry explained that the additional
acreage will provide protec~ion for the l~n4 the water flows over prior to arrival ~t the vernal
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pools and wetlands on the 1.93 acres classifying the entire area as an eco-system.
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Mayor Kight feared th,at ~fthe 404 Permit was not received in the next week or sp, the entire
construction season would be lost and place the City at risk oflosing several million dollars.
I:Ie asked staff to determine a date in. which delays of the permit process would make it
impossible ~o move forward on the project.
Ill, an attempt to clarify th~ iss.!lance ofthe 404 Permit by the Corps, Department ofFish and
Game r~present&t,ive Jim Nelson recalled that during initiaJ meetings regarding the viability
ofthe Sports. Complex Project, discussi~ns were held regarding how much land would be set
asiq~ fQr wetlands. Although not clearly defined, the EnviroIll'l1ental Impact Report (EIR) set
aside land to be us~d for passive recreat~on, such as trails. Mr. Nelson also recalled that the
acn~age question was ,addressed during subsequent meetings. He opined, however, that it is
poss~ble the ,Corps! continued under,the misconception that 45 acres would be set aside for
environmental purposes. He urged the City to exercise patience in resolving the problem and
expressed optimism that a positive resolution would be found that would allow the project
to go forward.
Mayor .Kight stated t~at 1ime is oftJle essence for this project and conti~ual delays seem of
little con~em to the Corps. He pointGd out that providing baseball fields for the children of
the ~ol'l1rriun~tY should not invite the burea,ucracy which has impeded this project through the
permitti~g process.
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No action was required on this informational item.
Conv~ntion.!Ce~te~ I~pr~vements
(A-,050,.080 & C-050-050)
Convention. Cent~r andi Visitors Bureau Manager Kerr provided a progress report on
improve~ents at the Redding Convention Center stating that advance sa.les for Convention
Center events are ~ow lqcated at the Visitors Bureau Office with combined staffing for more
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efficiency. He related that automated ticketing software is providing streamlined ticket
processing and related reports. He provided slides of improvements at the Convention Center
such as the resurfaced road in the front entry area and refurbished seating inside. Mr. Kerr
advised that future projects include a new request for proposal for food catering service at
the Convention Center, development of a comprehensive capital improvement plan to
identify needs, and a comprehensive rate study.
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Mr. Kerr reported that the Transient Occupancy Tax (the 10% occupancy tax charged on
hotel rooms in the City) is higher when compared with the last five years, and these funds
provide revenue for the Convention Center, Visitor Bureau, and other items in the General
Fund.
No action was required on this informational item.
PRIORITY SETTING WORKSHOP - Staffing
(P-I00-060 & A-050-080)
City Manager Warren provided an overview of the Report to City Council dated June 27,
2002, recalling that at the Priority Setting Workshop held on May 16, 2002, staff pointed out
that additional personnel was necessary to handle increasing workloads. He recommended
the following staff: One Senior Planner (not part of the Zucker Report recomm.t?ndations) at
a cost of$85,000, one Construction Manager at a cost of$90,000, one Gardener at a cost of
$50,000 and one part-time Accounting Specialist at a cost of$25,000 for a total ;of$250,000
annually. (He noted that Management Analyst II Nathan Cherpeski will be:utilized for
support in the City Manager's Office as originally intended.) Mr. Warren added ,that the cost
of the three and one-half positions can be afforded within the confines of the current long-
term financial plans.
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MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
approving three new full-time positions of Senior Planner, Construction Manager, and
Gardener, and one part-time position of Accounting Specialist at a cost of$250,000 annually,
and directing staff to prepare formal budget resolutions for City Council consideration at the
meeting of July 16, 2002. The Vote: Unanimous Ayes
ZUCKER REPORT - Builders' Exchange and Redding Chamber of Commerce
(A-050-122)
City Manager Warren recalled that at the regular meeting ofJune 18,2002, Consultant Steve
.-. ."J_.
Camp (representing Greater Redding Chamber of Commerce [Chamber] and the Shasta
Builders' Exchange [Shasta Builders]), provided comments and suggestions tbgarding the
draft implementation of the Zucker Systems Report (Report). He recalled tha('Mr. Camp's
recommendations included reduced paperwork processing timelines, improved customer
relations, utilize established City personnel policies and procedures for problent employees,
provide clear, simple, and flexible application of Development Services standards, provide
an ombudsman/advocate and impanel a committee to review implementation' of the Report,
and provide measurable objectives for the 48 Report recommendations.
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Mr. Warren concurred with the formation of a committee and recommended Deputy City
Manager Starman, Development Services Director Hamilton, Building ()f!icial Nagel,
Council Member Stegall (Development Services liaison), Executive Director ofthe Shasta
Builders Exchange Kent Dagg, President of the Greater Redding Chamber of Commerce
Frank Strazzarino, and a member-at-Iarge to be appointed by the Mayor. He also suggested
that Deputy City Manager Starman serve as Chair for the committee and ombudsman, and
recommended that the committee meet every two weeks for no more than one hour and
sunset in December 2002.
Mr. Warren offered the following potential goals for the committee:
~ Review recommendations of the Zucker Systems Report and clarify specific,
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measurable, and attainable goals for implementation.
Monitor and review implementations and, where appropriate, recommend changes.
Review timelines for processing permits and monitor the success of these timelines.
Review and understand minimum requirements (checklist) for submittai of a permit.
An application will not be accepted:until all checklist requirements are provided.
A committee member (other than City staff) will attend the City Council, meetings of
August, October, and December to report on implementation progress.
Review the customer service training program for the Development Services
Department.
Deputy City Manager to oversee implementation of the Zuc~er Report and serve as
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154
ombudsman for major projects.
~ Deputy City Manager to provide the committee with a monthly overview of general
and specific issues dealt with each month.
City Manager Warren recommended that the City Council approve formation of the
committee and goals for implementing the Zucker Systems Report.
Shasta Builders' Exchange Executive Director Kent Dagg recognized the 21 Focus Group
volunteers who provided input to the Zucker Systems Report. He explained that the report
is still undergoing evaluation and suggested that the member at-large position be increased
to two members in order to provide diversity and balance to the committee.
Council Member Stegall applauded the City Planning, Building, and Engineering Divisions
for inviting outside scrutiny of departmental procedures in an effort to better serve the
community. S,he congratulated staff for the ability to carry out the multitude of capital
projects currently ~derway. Ms. Stegall also reported, receiving complaints regarding
service but has personally witnessed construction plans submitted on cocktail napki.ns which
impacts staff's ability to provide fast, efficient service. She observed that staffwqrks very
hard under difficult and complex situaJions.
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Council Member Pohlmeyer echoed Council Member Stegall's accolades of~~e Planning,
Building, and Engineering Divisions. ' "
MOTION: Made by Council Member Steg~ll, seconded by Council Memb~r.Pohlmeyer,
approving formation of a committee to review, refine, and mqnitor implementation of the
recommendations of the Zucker Systems Report for the De~elopment Services Department
and provide an ombuqsman for complex and/or major projects. The committee shall include
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Deputy City Manag~r Starman, Development Services Director Hamilton, Assistant Director
of Development Services/Bunding Offi~ial Nagel, City Co~ncil Member Steg~i1 (liaison to
Development Services), Shasta Builders' Exchange Executive D'iiector Kent Dkgg, Chamber
of Commerce President Frank Stra2;zarino, and two at-large members to be appointed'by the
Mayor.
The Vote: Unanimous Ayes
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FLUORIDATION - Feasibility Study
"
(W-030)" "
City Manager Warren provided an overview ofthe Report to City Council dated June 24,
2002, incorporated herein by reference, recalli~g th,at the Final Feasibility Study (Study)
regarding fluoridation was commissioned by the City Council at the meeting of October 2,
2001, to evaluate costs associated with ""dding fluoride to the City's water sppply. The
Study, prepared by Psomas of Sacramento through gr!illt funds provided by the Shasta County
Health Department, reveals that: 1) frqm an engineering standpoint, it is feasible to add
fluoride to the City's water supply, but costs will be higher than comparable systems because
the City has 16 sites to fluqri4ate; 2) s~bject to '.1 final bid, estim~ted capf!al cpsts for
installation would be $1,999,02i; 3) operating costs are estimated at $261,797for the first
y~ar; and 4) the California DentallIealth FO:ll;11dation, Sierra Health Founda~ion, Shasta
Children and Families First Commi$sion, and Shastl;l County Public Health Department are
providing gran~s in the amount of $1,925,000 to fund capit';ll improvemeQ-ts I~hd first year
only operational monies which would cover all b~t $75,000 of total first year costs.
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Mr. Warren explained that although grants will cover most of the first year costs, these grants
are conditioned upon a commitment from the City to fluoridate the City's water for 10 years
or all funding must be reimbursed. He also observed that implementation will require an
increase in water rates of approximately $1.08 per month per household averaged over a five
year period.
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Mr. Warren indicated that staff is still investigating other issues related to the: addition of
fluoride such as increased arsen~c levels at some well sites which would, necessitate
additional processing at an estimat~d cost of$126,000 per year. Another potential problem
under review is the pO,ssibility of increased corrosion in pipes and equipment.'.,
City Manager Warren recommended no action be taken on this issue until a d~6is.ion is made
regarding the initiative petition submitted by the Citizens for Safe DrinkingWater.
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CERTIFICATE OF SUFFICIENCY - Initiative petition filed by the Citizens for Safe
Drinking Water
(E-070-050 & W -030)
City Manager Warren highlighted City Clerk Strohmayer's Report to City Council dated June
25, 2002, incorporated herein by reference, recalling that the Citizens for Safe Drinking
Water submitted an initiative petition to the City Clerk's Office on June 4, 2002. The
petition, containing 6,751 signatures, was submitted for verification to the Shasta County
Clerk/Registrar of Voters who certified the petition as containing the requisite number of
signatures representing at least 10% (4,270) of the registered voters (40,484) in the City of
Redding. Therefore, the initiative petition qualifies for certain actions including placement
of the measure on the ballot for the next general municipal election on November 5, 2002.
Mr. Warren stated that pursuant to Elections Code Section 9215, the City Council has three
alternatives:
1. Adopt the proposed ordinance as submitted by the initiative proponents, without
alteration, at this meeting or within 10 days. (This would require an ordinance to be
brought back for consideration.)
2. Submit the proposed ordinance, without alteration, to the voters at the next general
municipal election (November 5, 2002), noting that the last day to place the measure
on the ballot is August 9, 2002, and allow Redding voters to decide the fate of the
initiative.
3. Order a report on the effect of the proposed initiative in accordance with Elections
Code Section 9212. Said report must be presented to the City Council no later than
30 days after the County Election Official certifies the sufficiency of the petition to
the City Council (August 1,2002), at which time the City Council must adopt the
ordinance within 10 days or order an election pursuant Elections Code Section
9215(b).
City Manager Warren recommended that the initiative be placed on the November ballot and
allow voters to determine the outcome.
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In response to Council Member Stegall regarding chlorination, City Attorney Wingate
advised that the proposed ordinance excepts out of its control any substance that is
introduced into the water system for the purpose of making it potable and, therefore, would
not affect chlorination.
Mayor Kight clarified that the only issue before the City Council at this meeting is whether
to accept the ordinance or put it to a vote in the November election not the pros and cons of
fluoride.
Earl Huyck, Dennis Mihalka, Franklin Pierce, Lloyd Braemer, Pam Tupper and Dean
Germano urged rejection of the initiative and suggested more studies. They also cited the
futility of a ballot measure given the possibility the State Attorney General may enforce the
State's mandate for fluoridation pursuant AB733. They also pointed out that a ballot
measure is costly and will cause divisiveness within the community.
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Francis Remedios, Betty Doty, Fulton Doty, Donna Williamson, Marge Remedios, James
Roles, Mark Miller, Todd Royse, Roberta Withrow, and Debra Atlas urged adoption ofthe
ordinance citing the State's apparent reluctance to enforce compliance with AB733 in other
communities, the cost associated with a general election, and the potential to divide the
community. They also cited health concerns regarding increased arsenic and lead levels,
costs for removal of contaminants, safety of residents in neighborhoods with well sites and
storage offluorosilicic acid and chlorine, lack of 1 00% funding for implementation, increased
water rates, and the rights of individuals to not be medicated without consent.
Trudi Pratt, Redding resident, urged the City Council to place the proposed initiative on the
November 5,2002, ballot.
David Nelson, dentist with the California Department of Health Services in Sacramento
(Department), reminded the City of its responsibilities under AB733-Mandate for
Fluoridation. He reported that $1.6 million of the of the $1.9 million needed for funding the
City's fluoridation will be provided through the Department. He asserted that receipt of
funding triggers the law mandating fluoridation and related that an opinion given by legal
counsel for the Department of Health Services binds cities to comply with State mandates and
asserts that contrary local laws are invalid. He further stated that the Attorney General is
required by law to compel compliance and water districts may not refuse. He read a
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156
stat~Q1ent r~,Ceived from Attorney General Lockyer in February 2000 which concluded,
'''...that a conflict initially arises between State law ~nd a city ordinance prohibiting water
fluorid,ation when the Department identifies an outside source of funds sufficient to pay the
capital and associated costs of in~talling a fluoridation system and the funding is made
ayailable...", He warned that the l~w ~as been triggered in this case and the Mayor will
rec~i~e a letter from the California Division of Drinking Water giving the City two years to
comply wit~ AB733. He stated that an election will not make any difference because State
law s~perse~~s any municipal ordinance and cautioned that failure to comply will invoke
citations and fines. He urged that t~e ordinance be rejected because the CaFfornia
Department Heal~h Services has decided to enforce the issue of fluoridation in the City of
Redding although the City is low on the priority list.
City Attorney Wingate took exception to Mr. Nelson's declaration that the City must move
forward wit~ fluoridation because funding is avail,able. He pointed out that the funding
propos~l requires a 10-year commitment by the City to fluoridate, nine years of which will
not be funded, and a requirement that funds must be paid back ifthe City fails to fluoridate
at any time during that p~riod. He clarified that AB733 is only applicable iffunds are given
to the City without conditions and c.over all costs associated with fluoridation. He pointed
out th~t State law would preempt an opposing city ordinance only if sufficient funds are
available from s,?urCyS other than its own General Fund or rates collected from customers in
a suffic!ent 'an;lOunt to construct and operate a fluoridated system.
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Council Member Pohlmeyer expressed concern in proceeding with a ballot measure which,
in his opinion, would cause a great deal of rancor throughout the community, result in a
me~ningless resolution and pqs~ibly subject th~ City to litigation. Mr. Wingate explained
that State law ~equires that the City proceed with placement of the matter on the ballot or
adoption of the ()rd~nance. He advised that unl~ss it can be established that there is strong
re3;son to believe that the ordinance is illegal on its face the measure must be placed on the
ballot but is subject to challenge regarding its legality. In his opinion, the initiative is legal
on its face.
City Attorney Wingate explained that adoption of the proposed ordinance as is would
indicate that the City d,oes not wish to fluoridate, ~nd the City Attorney's office would be
responsible for (iefending the ordinance. He stated that if the ordinance is placed on the
ballot, 't~ere is ap opportup:ity~, pending furth~r legal ad~ice, to challenge the ballot measure
prior ,tq ~he election in November in the form of a declaratory relief action against the
proponents 9f the ,ballot measure. He nqted that this !s a 'technical proceeding that would
Ptoyid~ a placeholder to allow the City to cO,ntinue with litigation if the ballot measure
passed. If the City waits until after the election, there is the possibility that the City would
not be able to challenge ~he ballot measure but be placed in the position of defending it.
Therefqre, Mr. Wingate said ifthe City Council places the initiative on the ballot but wishes
to chall~nge it, it must do so prior to the election. The suggestion t() do nothing regarding the
initiative is only at:l option if the proposed initiative ballot language appears illegal.
However, ifit is legal and th~ City does nothing, he said an action could be brought against
the City; and, as already stated, tp.e initiative appears valid at this time.
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City. Managh Warren interjected that the Oral Hea.'1th Task Force has c~:mtacted the State
A~torney Geperal's Office asking for an enforcement letter. He expressed concern that the
City may hecome a "test" case, ap.d related that the community of Santa Maria is
exp~riencing much the same dilemma.. However, he noted that the City has not received a
letter from the Attorney General to mandate fluoridation and the City Council must deal with
the initiative petition at hand.
Council Member Stegal,l expressed surprise that proponents of the initiative originally
demapded that th~ matter be put to a vote of the people but now advocate not placing the
initiative on the ballot but rath~r adopting the ordinance. Although Ms. Stegall favored
fluoridation, she strongly supporte4 a vote of the people.
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C,o~ncil Member Pohlmeyer conceded t,hat the only viable option at this time is to submit the
initiative to the voters but declared support for fluoridation to provide a healthier community.
, ,!; ,
Mayor :Kight related that the City Council has received letters from both sides of the issue
accusing the City Council oflacking leadership because it favors or does not favor fluoride.
He stated that while he also supports fluorida,tion, the initiative process is an important
eleD:1ent of government, and placing this issue to a vote is the only viable option at this time.
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MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
ordering the initiative petition filed by the Citizens for Safe Drinking Water to be placed on
the ballot for the Consolidated General Municipal Election of November 5, 2002, relating to
water fluoridation.
The Vote: Unanimous
ADJOURNMENT
There being no further business, at the hour of9:33 p.m., Mayor Kight declared the meeting
adjourned.
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APPROVED
V2 K;jL
Mayor .
ATTEST:
~/~
City Clerk / . 1
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7/2/2002