HomeMy WebLinkAboutMinutes - City Council - 2011-01-18
I
I
I
9
City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
January 18,2011 6:00 p.m.
The Pledge of Allegiance to the Flag was led by Mary Machado.
The Invocation was offered by Imam Salahuddin.
The meeting was called to order by Mayor McArthur with the following Council Members
present: Bosetti, Dickerson, Jones, and Sullivan.
Also present were City Manager Starman, City Attorney Duvernay, Assistant City Manager
Tippin, Public Works Director Crane, Development Services Director Hamilton, City Clerk
Mize, and Executive Assistant Grimm. The City Manager introduced Department Directors
that were in attendance: Detwiler, Hansen, Kersten, Kreitman, Niemer, and Strong.
-------------------
PUBLIC COMMENT
[ A-050-060]
Don Kirk, Greg Washburn, and Chades Alexander commented on the Chum Creek Bottom
mall, Redding Electric Utility rates, and smart meters.
-------------------
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Minutes - Regular Meeting of January 4,2011
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. 13, for the period of January 3,2010" through January 14, 2010, for a
total of$6,134,767.57, for check numbers 889744 through 890133, inclusive, ACHTransfer
numbers 7480 through 7511, inclusive, and Wire Transfer numbers 2992 through 3002,
inclusive; and Payroll Register No. 14, for the period December 26,2010, through January
8,201 0, in the amount of$2,951, 142.05, for electronic deposit transaction numbers 294506
through 295312, inclusive, and check numbers 548322 through 548395, inclusive.
SUMMARY TOTAL: $9,085,909.62
Award Request for Qualifications - Schedule No. 4366 for Consulting and Professional
Services Contract to furnish engineering services at Redding Municipal Airport and Benton
Airpark
[B-050-100IA-090-100/A-090-020]
It is the recommendation of the Support Services Director that the City Council award RFQ
Schedule No. 4366 to Mead & Hunt, Inc., and approve a Consulting and Professional
Services contract with same to furnish engineering services for the City of Redding Airports.
First Amendment to Lease - with the Civil Air Patrol, Squadron 126
[C-070-1001 A-090-100] "
It is the recommendation of the Support Services Director that the City Council approve the
First Amendment to the Lease (C-3711) with the Civil Air Patrol (CAP), Squadron 126,
reducing the size of the leasehold at the Redding Municipal Airport, permitting the storage
of emergency response vehicles, and permitting the Airport to connect to the CAP water line.
Accept Solid Waste Utility Financial Summary - July I, 2009, through June 30, 2010, and
July I, 2010, through September 30,2010
[B-130-0701 A-050-150-325]
This item was pulled from this agenda by staff; to be rescheduled at a future date.
01/18/2010
10
Notice of Completion - Bid Schedule No. 4281 (Job No. 2271), Mary Street Sewer Force
Main Project
[B-050-020]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract performed by Cox & Cox Construction, Inc., as satisfactorily
complete and authorize the City Clerk to file a Notice of Completion with the Shasta County
Recorder. Final cost was $961,384.34.
Resolution - Adopting Negative Declaration for the Stillwater Wastewater Treatment Plant
Phase 1 NB Expansion Project
[W-010-560] I
It is the recommendation of the Public Works Director that the City Council adopt
Resolution No. 2011-11, a resolution of the City Council ofthe City of Redding adopting a
Negative Declaration and approving the Stillwater Wastewater Treatment Plant Phase 1 NB
Expansion Project as described in the Facilities Plan.
Resolution - Summary Vacation (A-5-10)
[A-010-040]
It is the recommendation of the Public Works Director that the City Council adopt
Resolution No. 2011-12, a resolution of the City Council of the City of Redding summarily
vacating a 10-foot wide public service easement located at 1786 Collyer Drive.
Resolution - Approving State Revolving Fund Application for the Clear Creek Wastewater
Treatment Plant Rehabilitation and Expansion Project and rescinding prior Resolution Nos.
2006-36 and 2008-19
[W -01 0-450]
It is the recommendation of the Public Works Director that the City Council adopt
Resolution No. 2011-14, a resolution of the City Council ofthe City of Redding rescinding
Resolution Nos. 2006-36 and 2008-19; authorizing designated city officials to file an
application for financial assistance from the State Water Resources Control Board to finance
the costs of constructing and/or reconstructing certain public facilities and improvements
relating to the City's water and wastewater system, including certain treatment facilities,
pipelines, and other infrastructure of the Clear Creek Wastewater Treatment Plant
Rehabilitation and Expansion Project; approving acceptance and expending of those funds
if the application is granted; and dedicating the source of revenue for repayment to the Clean
Water State Revolving Fund.
Approve insurance quotation - for propertylboiler and machinery coverage for Redding
Power Plant for 2011-12
[R-100-375-200]
It is the recommendation of the Risk Manager that the City Council accept the quotation
from Liberty Mutual International for a one-year contract to provide propertylboiler and
machinery insurance coverage for the Redding Power Plant for the amount of$252,861 for
the period February 8,2011, through February 8,2012.
I
A MOTION W AS MADE by Council Member Jones, seconded by Council Member
Bosetti, that the foregoing items on the Consent Calendar be approved and adopted as
recommended above.
01/18/2010
11
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Dickerson, Jones, Sullivan and McArthur
Council Members - None
Council Members - None
Council Members - None
Resolution Nos. 2011-11 through 2011-14 are on file in the Office of the City Clerk.
-------------------
I
APPOINTMENTS - Board of Appeals
[B-080-050]
A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member
Jones, approving the Mayor's recommendation to appoint Robert Kibler and Robert N.
Wagner to serve four-year terms on the Board of Appeals, from January 1, 2011, to January
1,2015; and reappoint John Corless, Kenneth Gifford, and Todd McEfee to serve second
four-year terms from January 1, 2011, to January 1,2015. The Vote: Unanimous Ayes
-------------------
PRESENT AnON - by Russ Mull, Shasta County Director of Resource Management! Air
Pollution Control Officer, regarding the Shasta County Regional Climate Action Plan
[B-080-460]
Mr. Mull, and Cully Thomas of AECOM, gave an informational presentation regarding the
Regional Climate Action Plan (RCAP), incorporated herein by reference, which contains a
detailed explanation of Shasta County's approach to compliance with State of California air
quality legislation/mandates. A question and answer period followed.
Gary Cadd opined that air quality issues will drive high-rise development in the area, and that
other public meetings that Council Members participate in should be recorded and be
available online, similar to Council meetings.
I
Council Members provided comments to staff regarding the RCAP and directed staff to
delegate a City representative from Development Services and Redding Electric Utility to
participate in the RCAP working group.
ORAL UPDATE - Proposed State Budget
[A-050-080]
City Manager Starman provided information relative to Governor Brown's proposed $26.4
billion solution to the state's budget woes, outlined in a PowerPoint presentation and
incorporated herein by reference. Mr. Starman opined on potential impacts of proposed
changes to public safety, CAL FIRE, and library funding and elimination of Enterprise Zones
and "disestablishment" of Redevelopment Agencies throughout the state.
Gary Cadd opined that Redevelopment funds should be used to repay two loans to Redding
Electric Utility for outstanding debt on the downtown parking garage before the state takes
it away.
No action was required on this informational item.
I
AWARD REQUEST FOR PROPOSAL - Schedule No. 4371 and
APPROVE LICENSE AGREEMENT - to operate the drag strip at the Redding Municipal
Airport
[B-050-100/ A-070-080/ A-090-1 00]
Support Services Director Kersten summarized the Report to City Council (staff report)
dated January 5,2011, incorporated herein by reference, relating to operation ofthe drag strip
at the Redding Municipal Airport. Mr. Kersten recommended that the Council award RFP
Schedule No. 4371 to the Northern California Drag Racing Association (NCDRA) primarily
due to their agreement to guarantee an annual revenue of $5,000 to the airport and their
willingness to considerrelocation/modification of the drag strip when a third/parallel airport
runway is constructed to accommodate planned expansion of the IASCO Flight Training
School. Mr. Kersten further recommended that the Council approve a License Agreement
with NCDRA to operate the drag strip at the Redding Municipal Airport for a three-year term
and give the City two one-year options to extend the agreement.
01/18/2010
12
A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member
Jones, awarding Request For Proposal Schedule No. 4371 to the Northern California Drag
Racing Association (NCDRA) and approving the License Agreement with the NCDRA to
operate the drag strip at the Redding Municipal Airport.
The Vote: Unanimous Ayes
PRESENTATION - General Law cities versus Charter cities
[A-050-060]
City Attorney Duvernay reviewed the Report to City Council dated January 6, 2011,
incorporated herein by reference, and highlighted the governance structure differences
between general law cities and charter cities, referring to a summary by the League of I
California Cities legal staff (Attachment A of the staff report). He explained that general law
cities derive their corporate power from general laws that are enacted by the state legislature,
and charter cities derive power directly from the State Constitution and are subject to the
limitations of their respective charter and enactments of the legislature on matters of state-
wide concern. Mr. Duvernay emphasized that a charter is a document of limitation that
restricts the power a city gains from the "home-rule" provision in the California Constitution,
Article 11, Section 5A, which confers autonomy from -the state in matters of municipal
affairs. He warned that there is significant ambiguity regarding the definition of what
comprises a "municipal affair", and that it is a fluid concept that may change over time and
is always subject to court rulings. Mr. Duvernay used the payment of prevailing wages to
illustrate the diversity of charters, stating that of approximately 480 California cities, 120 are
charter cities, of which only 37 have elected to exempt themselves from paying prevailing
wages on projects funded exclusively with local funds. He counseled that prevailing wages
are controversial, and that the California Supreme Court is currently considering a suit by a
trade union against the City of Vista, which is a charter city, that could eliminate charter
cities' ability to opt out of paying prevailing wages. He noted tha~ charter cities have to fund
the legal battles to preserve their home-rule prerogatives, sometimes against state legislation
that attempts to infringe into municipal affairs. Mr. Duvernay also observed that the City of
Bell is a charter city, and that compensation of city officials is currently considered a
municipal affair, unlike general law cities that are subject to a compensation cap determined
by state laws based on population. He reviewed the City of Elk Grove case study relative to I
consideration of converting from a general law city to a charter city, with particular emphasis
on dividing the city into districts and electing a city-wide mayor, as detailed in the staff
report.
Mr. Duvernay described the process to adopt a charter, referring to Attachment B ofthe staff
report, that outlines two options: (1) electing a charter commission to debate the provisions
and draft a charter, or (2) the city's governing board, on its own motion, develops and drafts
a charter; both of which require an election and ratification by a majority vote of the city's
voters, and acceptance by the Secretary of State. He provided three specific questions to
consider as part of the decision making process: (1) What is/are specific area(s) of autonomy
from the state that can be defined as a municipal affair and be governed by a charter?; (2) Is
there a particular aspect of a traditional general law city model that is not best serving the
needs or desires ofthe citizen's of Redding that can only be changed by becoming a charter
city?; and (3) Are there any/what are the specific limitations that need to be imposed by
citizen's on the City Council's discretionary power as conferred by the state constitution?
Council Members provided comments and opinions.
John Dixon, Denise Young, Linda Johnson, William Miller, Don Kirk, Greg Mann, Dan
Brummer, Kelly Salinas, Gary Hollahan, Richard Fyten, Gary Cadd, Tim Pappas, Shirlyn
Pappas, Greg Washburn, Randal Faulker, and John Reit expressed support for exploring the
governing advantages and disadvantages of charter cities over general law cities.
I
John Wilson, Angela Velazquez, James Benno, Kathy Callan, Andrew Meredith, Chris
Darker, and Phil Geist expressed concerns about this issue and opposed.governance by city
charter and associated costs to the General Fund.
Damon Mireski, Clark Gilbert, Charles Alexander, Tami Orr, Samantha Draper, and Peter
Scales also expressed their opinions on this topic.
A Council/Staff discussion period followed.
01/18/2010
13
A MOTION WAS MADE by Council Member Jones, seconded by Council Member
Bosetti, establishing a citizens' committee to consider creating a charter for the City of
Redding. The Vote:
AYES: Council Members - Bosetti and Jones
NOES: Council Members - Dickerson, Sullivan, and McArthur
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Motion failed for lack of majority vote.
I
Another discussion period followed.
A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member
Sullivan, offering any/all interested individuals/groups to submit sample charters for the City
of Redding to the City Clerk within six months, for Council to review and consider.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson and Sullivan
Council Members - Bosetti, Jones, and McArthur
Council Members - None
Council Members - None
Motion failed for lack of majority vote.
Another question-and-answer and discussion period followed.
I
A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member
Jones, authorizing formation of a ten person exploratory/advisory committee, comprised of
two appointed citizen volunteers per Council Member, to study, analyze, and submit a
recommendation to Council within four months, relative to the advantages and disadvantages
of becoming a charter city. The Vote:
AYES: Council Members - Bosetti, Dickerson, and Jones
NOES: Council Members - Sullivan and McArthur
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Further discussion ensued between Council Members and staff. City Manager Starman
confirmed that interested parties may contact Council Members directly and requested that
Council Members provide the names and contact information of their appointees to the City
Clerk by January 25,2011.
SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS
FOR FUTURE CITY COUNCIL MEETINGS
[A-050-060]
Per the Mayor's direction, City Manager Starman clarified thatthis agenda item was intended
for Council Member use, and that Item 3B - Public Comment is more appropriate for
comments on non-agendized topics from the public.
Mayor McArthur broached the subject of term limits, stating that a survey in the Anderson
Valley Post indicated that 82% of respondents supported term limits for the Anderson City
Council. Council Member Jones supported term limits for future Redding City Council
Members. City Attorney Duvernay counseled that general law cities cannot impose term
limits.
I
CLOSED SESSION
At the hour of 10:22 p.m., Mayor McArthur announced that Council would adjourn to
Closed Session.
\
At the hour of 11 :05 p.m., Mayor McArthur reconvened the Regular Meeting to Open
Session and reported that in reference to:
01/18/2010
14
CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Assistant City Manager Tippin
Employee Organizations: Redding Peace Officers Association and Local Union 1245 of
International Brotherhood of Electrical Workers AFL-CIO - Electric Workers
[P-l 00-050-070/^P-l 00-050-120]
The City Council did not take any reportable action.
CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: City Manager Starman
Employee Organizations: All Represented and Unrepresented Employees
[P-I00-050]
The City Council did not take any reportable action.
I
ADJOURNMENT
There being no further business, Mayor McArthur declared the meeting adjourned at the hour
of 11 :06 p.m..
APPROVED:
ATTEST:
~~~/
City Clerk
I
I
01/18/2010