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HomeMy WebLinkAboutMinutes - City Council - 2012-03-06 27 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California March 6, 2012 6:00 p.m. I The meeting was called to order by Mayor Dick Dickerson with the following Council Members present: Rick Bosetti, Patrick Jones, Missy McArthur, and Francie Sullivan. Also present were City Manager Kurt Starman, City Attorney Rick Duvernay, Assistant City Manager/Electric Utility Director Barry Tippin, Deputy City Manager Greg Clark, Public Works Director Brian Crane, Development Services Director Bill Nagel, City Clerk Pamela Mize, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: Personnel Director Sheri DeMaagd, City Treasurer Leslie Detwiler, Fire Chief Kevin Kreitman, Community Services Director Kimberly Niemer, Police Chief Robert Paoletti, and Finance Director Steve Strong. The Pledge of Allegiance to the Flag was led by the Girl Scouts of Northern California, Greater Redding Service Unit, followed by a presentation of a Mayor's Proclamation to Alexandra "Ally" Reed honoring the Girl Scouts' 100th anniversary. Girl Scout Grace Clement sang the Star Spangled Banner. The Invocation was offered by Debbie Ivey, Redding Police Chaplain. PUBLIC COMMENT [A-050-060/P-1 00-230/P-1 00-150] George Clarke spoke in opposition to City Council health and retirement benefits. I [A-050-060] Don Kirk spoke in favor of establishing camps for the homeless. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar and each report to City Council (staff report) is incorporated herein by reference: 4.(b). Approval of Payroll and Accounts Payable Registers [A-050-100-500] It is the recommendation of the Finance Director that the City Council approve Accounts Payable Register No. 16, for the period ofFebruary21, 2012, through February 29, 2012, for a total of$6,602, 170.92, for check numbers 900432 through 900647, inclusive, ACH Transfer numbers 8639 through 8674, inclusive, and W'ire -Transfer numbers 3839 through 3852, inclusive; Payroll Register No. 17, for the period February 5, 2012, through February 18, 2012, in the amount of $2,416,284.82, for electronic deposit transaction numbers 319345 through 320110, inclusive, and check numbers 550904 through 550974, inclusive; SUMMARY TOTAL: $9,018,455.74 I 4.(c). Treasurer's Report - January 2012 [A -050-100-600] It is the recommendation of the City Treasurer that the City Council accept the Treasurer's Report for the month of January 2012. Total Treasurer's Accountability $137,943,105.21 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $193,953,652.26 4.(d). ACRl33 Report and Cash Reconciliation - January 2012 [F-205-095-650] It is the recommendation of the Finance Director that the City Council accept the ACR133 Report and the Proof of Cash Reconciliation for January 2012. 03106/2012 28 4.1 (a). Proiect Status Report - February 2012 [A-050-080] It is the recommendation of the City Manager that the City Council accept the Project Status Report for the month of February 2012. 4.3(a). Grant Application - Federal Aviation Administration - airfield improvement projects at the Redding Municipal Airport [G-1 00-070-095/ A-090-1 00] It is the recommendation ofthe Support Services Director that the City Council authorize submission of a grant application to the F ederal Aviation Administration in the amount I of $247,500, for airfield improvement projects at the Redding Municipal Airport; and authorize the City Manager, or his designee, to execute the grant application and all subsequent documentation necessary to obtain grant funds. 4.5(a). Redding Electric Utility's Monthly Financial Report - January 2012 [B-130-070] It is' the recommendation of the Electric Utility Director that the City Council accept Redding Electric Utility's Monthly Financial Report for January 2012. Billed retail revenue through January was $2,388,613 (3.6%) below projections for the seven-month period and total wholesale sales were $9,761,365 (49.2%) above projections. Overall, operating revenue through January came in $7,816,994 (9.0%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $3,959,882 (6.9%) above budget projections through January 2012. Total operating expenses through January were $2,648,733 (15.5%) below budget. REU's net operating results for the first seven months of the fiscal year are positive and are $6,505,845 better than budget projections. Debt service expense to- date total $8,081,593. Capital expenditures through January were $1,450,200 for revenue-funded projects and $2,140,633 for bond-funded projects. REU's unrestricted cash balance at the end of January was $31.7 million. 4.5(b). U.S. House of Representatives (H.R.) Bill 1837 - Sacramento-San Joaquin Valley Water I Reliability Act [L-040-300] It is the recommendation ofthe Electric Utility Director that the City Council receive the letters in support of the Sacramento-San Joaquin Valley Water Reliability Act, United States House of Representatives (H.R.) Bill 183 7, and authorize the Mayor to sign future correspondence in support of H.R. 1837. ' 4.5(c). Notice of Completion - Bid Schedule No. 4449, Moore Road Substation Site Work . [B-050-020/E-090-140-475] It is the recommendation ofthe Electric Utility Director that the City Council accept the subject construction contract for the Moore Road Substation site work, Bid Schedule No. 4449, performed by Brouillette Construction as satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder. Final cost was $20,949. 4.1 O( a). Monthly Financial Report - General Fund - January 2012 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the monthly General Fund Financial Report for January 2012. Total revenue to-date is $32.3 million, or $564,664 (1.7%) below staffs cash flow projection. Expenditures at month- end, excluding encumbrances, total $35,423,160 or $2,791,685 (7.4%) below staffs I projection. Encumbrances total $3,263,365. 4.11 (a). Grant Applications - State Safe Routes to School Program, Cycle 10 funds [G-1 00-170/S-070-1 00] It is the recommendation ofthe Public Works Director that the City Council direct staff to apply for state grant funds from the State Safe Routes to School Program, Cycle 10 funds, for projects proposed along Sequoia Street, Locust Street, and Yana Avenue. 03/06/2012 29 I 4.11 (b ).F edera1 Highway Bridge Program - rehabilitate or replace 10 various bridges; and Resolution - Approving the 14th Amendment to City Budget Resolution No. 2011-111 [G-100-070/S-070-050/B-130-070] It is the recommendation of the Public Works Director that the City Council accept funding from the Federal Highway Bridge Program for the rehabilitation or replacement of 10 bridges throughout the City of Redding. It is further recommended that the City Council adopt Resolution No. 2012-018, a resolution of the City Council ofthe City of Redding approving and adopting the 14th Amendment to City Budget Resolution No. 2011-111 aRPropriating $1 ,800,000 to rehabilitate orreplace 10 City of Redding Bridges for Fiscal Year 2011-12. 4.11 (g). State Senate Bills 964 and 965 - Letter of Support regarding actions taken by the State Water Resources Control Board [L-040- 3 00/S-050-4 30] It is the recommendation of the Public Works Director that the City Council authorize the Mayor to submit letters supporting State Senate Bills 964 and 965 that would improve procedures and provide for better communication when the State Water Resources Control Board adopts new rules, regulations, and permits. A MOTION WAS MADE by Council Member McArthur, seconded by CounCil Member Jones, that the foregoing items on the Consent Calendar be approved and adopted as recommended. The Vote: Ayes: Noes: Abstain: Absent: Council Members: Bosetti, Jones, McArthur, Sullivan, and Dickerson Council Members: None Council Members: None Council Members: None Resolution No. 2012 -018 is on file in the Office of the City Clerk. I PUBLIC HEARINGS. PETITIONS. AND PROTESTS 6.1 Public Hearing- under the Tax and Equity Fiscal Responsibility Act (TEFRA) on behalf of the California Municipal Finance Authority (CMF A) and Goodwill Industries of Sacramento Valley & Northern Nevada (Goodwill Industries); and Resolution - Approving the issuance of Tax Exempt Bonds by the CMFA [A-050] City Manager Starman summarized the Report to City Council (staff report) dated February 21,2012, incorporated herein by reference, and recommended that the City Council conduct a public hearing under the TEFRA on behalf of the CMF A and Goodwill Industries and adopt a resolution approving the issuance of tax exempt bonds by the CMF A. At the hour of 6:30 p.m., Mayor Dickerson opened the public hearing to consider the proposed resolution. The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public hearing I No protests were received. Dick Fyten and Gary Cadd spoke in opposition. Mayor Dickerson determined that no one else wished to address this matter and closed the public hearing. Joe Mendez spoke on behalf of Goodwill Industries. Mona Dimitrenko spoke on behalf of the California Municipal Finance Authority. A discussion amongst the Council Members ensued. 03/06/2012 30 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to amend the resolution language to include "The proceeds of the bonds will be used, in part, as follows (collectively, the "Project")". The Vote: Ayes: Noes: Abstain: Absent: Motion failed. Council Members: Jones and McArthur Council Members: Bosetti, Sullivan, and Dickerson Council Members: None Council Members: None I A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member McArthur, to adopt Resolution No. 2012-019, a resolution of the City Council oftheCity of Redding approving the issuance of the CMF A Revenue Bonds (Goodwill Industries), Series 2012 in an aggregate principal amount not-to-exceed $30,000,000 for the purpose of financing the acquisition, construction, improvement, renovation, furnishing and/or equipping of certain retail and donation facilities and certain other matters relating thereto. The Vote: Ayes: Noes: Abstain: Absent: Council Members: Bosetti, Jones, McArthur, Sullivan, and Dickerson Council Members: None Council Members: None Council Members: None Resolution No. 2012-019 is on file in the Office ofthe City Clerk. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS. BOARDS. COMMISSIONS AND COMMITTEES City Council I 9A. Term Limits for Council Members [A-050-060] City Attorney Duvernay highlighted the Report to City Council (staff report), dated February 27,2012, incorporated herein by reference, relative to a request from Council Member McArthur to discuss establishing term limits for City Council Offices and recommended that the City Council discuss the pros and cons of establishing term limits for future office holders and provide direction to the City Attorney to prepare a ballot measure if the Council decides to present the issue to the electorate. George Clarke and Dick Fyten spoke in support of setting term limits. Don Kirk and John Dixon spoke in opposition of setting term limits. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, to establish a lifetime, two consecutive four-year limit for future City Council Members. The Vote: Ayes: Noes: Abstain: Absent: Motion failed. Council Members: Jones and McArthur Council Members: Bosetti, Sullivan, and Dickerson Council Members: None Council Members: None I It was the consensus of the majority of the Council to maintain the status quo whereby there are no limitations on the number ofterms a City Council Member may hold office. 03/06/2012 31 I Deputy City Manager 9.2(a). HOME Investment Partnerships Program Fund - Christian Church Homes [G-l 00-075-1 01] Deputy City Manager Clark provided an overview of the Report to City Council (staff report) dated F ebr:uary 23, 2012, incorporated herein by reference, and recommended that the City Council approve a $500,000 residual receipts loan utilizing its HOME Investment Partnerships Program Fund (HOME) to Christian Church Homes of Northern California (CCH) on behalf of Lorenz Senior Housing Inc. (LSHI) subject to the . following conditions: 1) completion of the environmental review process and the Department of Housing and Urban Development's (HUD) approval of the request for release of funds; 2) CCH to apply for and receive a funding commitment from the Low- Income Housing Tax Credit Program (LIHTC); 3) CCH to seek out, apply for, and receive all other project funding necessary to complete the proposed project; and 4) the City and CCH to enter into a Development Funding Agreement (DF A) before loan funds could be disbursed. Additionally, Mr. Clark recommended that the City Council authorize the Mayor to execute the DF A on behalf of the City. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member McArthur, to approve a $500,000 residual receipts loan utilizing its HOME fund to CCH on behalf of LSHI subject to the following conditions: (1) completion of the environmental review process and HUD's approval of the request for release of funds; (2) CCH to apply for and receive a funding commitment from the LIHTC; (3) CCH to seek out, apply for, and receive all other project funding necessary to complete the proposed project; (4) The City and CCH to enter into a DF A before loan funds would be disbursed; and (5) authorize the Mayor to execute the DF A on behalf of the City. The Vote: Unanimous Ayes I Community Services 9.6(a). Oral Update - Fantasy Fountain Re-Creation Proiect [P-050-l45] Community Services Director Niemer provided a PowerPoint presentation highlighting the Fantasy Fountain Re-Creation Project located next to Kids Kingdom within Enterprise Park. Ms. Niemer noted that the new layout is utilizing the same footprint, however, the new volcano will be l2-feet tall, six-feet wide, and not climbable. It will have equal water and spray. The safety/sanitary matting that is currently being used is too costly and difficult to obtain, therefore, concrete v.:ill be used instead. The cost ofthe project is approximately $200,000, and to-date, $131,000 has been pledged from various agencies. Ms. Niemer stated that there is a gap of approximately $70,000 that is needed for equipment and installation costs. She also noted that beach towels depicting the Project are on sale for $40 to help raise funds and there will be numerous upcoming fundraising opportunities. No action was necessary on this informational item. I Public Works and Community Services 9.11 (d).Resolution - Formation of Lancer Hills Estates, Units 2-4, into Landscape Maintenance District LMD 02-12 [A-170-075-093] Public Works Director Crane summarized the Report to City Council (staff report) dated February 22, 2012, incorporated herein by reference, and recommended that the City Council adopt a resolution approving the Engineer's Report; confirming the map for Landscape Maintenance District LMD 02-12; approving the mailing of notices and ballots; and setting the Public Hearing regarding the formation of Lancer Hills Estates, Units 2-4, into Landscape Maintenance District LMD 02-12, pursuant to the Landscape and Lighting act of 1972. 03/06/2012 32 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2012-020, a resolution of the City Council of the City of Redding: (1) confirming the map of the Assessment District and approving the Engineer's Report; (2) approving the mailing of notices and ballots; and (3) setting a Public Hearing date and election regarding Landscape Maintenance District 02-12, pursuant to the Landscape and Lighting Act of 1972. The Vote: Ayes: Noes: Abstain: Absent: Council Members: Bosetti, Jones, McArthur, Sullivan, and Dickerson Council Members: None Council Members: None Council Members: None I Resolution No. 2012-020 is on file in the Office of the City Clerk. 9.1 1 (e).Resolution - Formation of Highland Oaks, Units 1-3, and Western Acres, Unit 1, into Landscape Maintenance District LMD 03-12 [A-170-075-094] Public Works Director Crane summarized the Report to City Council ( staff report) dated February 22, 2012, incorporated herein by reference, and recommended that the City Council adopt a resolution approving the Engineer's Report; confirming the map for Landscape Maintenance District LMD 03-12; approving the mailing of notices and ballots; and setting the Public Hearing regarding the formation of Highland Oaks, Units 1-3, and Western Acres, Unit 1, into Landscape Maintenance District (LMD) 03-12, pursuant to the Landscape and Lighting Act of 1972. Jim McFadden spoke in opposition. A discussion amongst the Council ensued. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, to adopt Resolution No. 2012-021, a resolution of the City Council of the City of Redding: (1) Confirming the map of the Assessment District and approving I the Engineer's Report; (2) approving the mailing of notices and ballots; and (3) setting a Public Hearing date and election regarding Landscape Maintenance District 03-12. The Vote: Ayes: Council Members: Bosetti, Jones, McArthur, Sullivan, and Dickerson Noes: Council Members: None Abstain: Council Members: None Absent: Council Members: None Resolution No. 2012-021 is on file in the Office of the City Clerk. 9.1 1 (f).Street System Pavement Condition and Maintenance Report; and Formation of a Community Working Group [S-070-200] Public Works Assistant Director Chuck Aukland provided a PowerPoint presentation and highlighted the Report to City Council (staff report) dated February 23, 2012, incorporated herein by reference, and recommended that the City Council accept the Street System Pavement Condition and Maintenance Report and authorize staff to form a community working group and return to the Council with recommendations moving forward. Gary Cadd spoke in opposition to raising taxes. I George Clarke spoke relative to potential savings from public employee benefits being utilized for the City's Streets funds instead. A discussion amongst the Council ensued. 03/06/2012 33 A MOTION WAS MADE by Council Member McArthur, seconded Council Member Sullivan, to accept the Street System Pavement Condition and Maintenance Report and direct staff to assemble a community working group to develop recommendations for future Council consideration by the end of the calendar year. The Vote: Ayes: Noes: Abstain: Absent: Council Members: Bosetti, McArthur, Sullivan, and Dickerson Council Members: Jones Council Members: None Council Members: None I CLOSED SESSION At the hour of 9:00 p.m., Mayor Dickerson announced that Council would adjourn to Closed Session. At the hour of9:42 p.m., Mayor Dickerson reconvened the Regular Meeting to Open Session and reported that in reference to: I 12A. Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property generally located in the area of Boulder Creek Assessors Parcel Nos.: 113-230-047; 113-280-001; 113-280-002; 113-280-003; 113-300- 029;113-380-011; 116-130-018;116-130-020;116-130-017; 116-140-002; 116-180-005; 116-180-004 Agency Negotiators: Assistant City Attorney Frediani and Bob Martin of Martin Appraisal & Acquisition Company Negotiating Parties: City of Redding and John T. Vidovich, Michael A. Vidovich, Katheryn A. Tomaino & Mary J. Vidovich; R.M.P., LLC; CMK Vestments, LLC; Siu Kong Li & Chi Ling Li; Bruce Christensen & Denise Christensen; Yanaco, Inc.; Green & Green Investments LLC; and Susan T. Shuirman Under Negotiation: Price and Terms - Easements for the Boulder Creek Interceptor Project [C-070,.01O] The Council took no reportable action. 12B. Closed Session pursuant to California Government Code Section 5956.9(b)(3)(C)(E): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Threatened Litigation: The City Council will discuss with its attorney Notices of Violation issued by the Central Valley Regional Quality Control Board for discharges from the Stillwater Wastewater Treatment Plant and the Clear Creek Wastewater Treatment Plant. The Notices of Violation are available for public inspection in the Office of the City Clerk pursuant to Section 54957.5 . [L-l OOIW -01 0-4501W -010-560] The Council took no reportable action. 12C. Closed session pursuant to California Government Code Section 54956.9(c): CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Claim by Kiewit Infrastructure West Company re the Cypress Bridge Replacement Project [L-I00] I The Council took no reportable action. 12D. Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at Stillwater Business Park - 5555, 5855 & 6155 Venture Parkway Assessors Parcel Nos. 054-220-015 & -019 and 054-260-004 Agency Negotiator: City Manager Kurt Starman Negotiating Parties: City of Redding and Clarity Entertainment Under Negotiation: Price and Terms [C-070- 200/E-050-500] Council Member McArthur recused herself from this item. The Council took no reportable action. 03/06/2012 34 ADJOURNMENT There being no further business, Mayor Dickerson declared the meeting adjourned at the hour of 9:43 p.m. APPROVED: ~/!d ~ yor ATTEST: ~~~ 03/06/2012 I I I