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HomeMy WebLinkAboutMinutes - City Council - 2011-06-07 81 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California June 7, 2011 6:00 p.m. The Pledge of Allegiance to the Flag was led by Gracious Palmer. I The Invocation was offered by Police Chaplain Debbie Ivey. The meeting was called to order by Mayor McArthur with the following Council ~embers 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, Hauser, Kreitman, Niemer, and Strong. - - - -,- - - - - - - - - - - - - -- PUBLIC COMMENT [M-020] Rob McDonald requested amendments to the medical marijuana ordinance. [P-150-070] John Bruno opined that public safety is a priority and that a paid-call reserve fighting force is the most cost effective solution to current economic challenges. I [A-050-060] Karen Zembower expressed concerns about dogs in retail and food stores and restaurants. [A-050-060] Don Kirk asked for consideration of a homeless camp and requested that the topic be agendized. [C-050-050] Yvonna Kuyper and Natasha Anderson opposed closing the convention center and opined that insufficient advertising/marketing had been completed. [S-020] Greg Washburn suggested reducing the frequency of garbage collection as a cost-saving measure. [C-050-050] Bob Frampton cited 30-55 private sector job losses directly related to closing the convention center, in addition to the 13 city employees slated to be laid off. [P-050-600-200] Randal Faulkner expressed dissatisfaction with the Big League Dreams ball park. I [P-050-500] . . Cameron Middleton provided an update on the Sunset Playground Ribbon Cutting Ceremony atth6 T.R. Woods Memorial Park. [A -050-060] Tricia Morin expressed support for a homeless campground and offered to volunteer to keep it clean. 06/07/2011 82 CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meetings of April 5, 2011; April 19, 2011; May 3, 2011; and May 17, 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. 22, for the period of May 16, 2011, through May 31,2011, for a total I of $14,953,074.64, for check numbers 893315 through 893707, inclusive, ACH Transfer numbers 7840 through 7891, inclusive, and Wire Transfer numbers 3162 through 3209, inclusive; Payroll Register No. 23, for the period May 1,2011, through May 14, 2011, in the amount of $2,510,842.70, for electronic deposit transaction numbers 302028 through 302843, inclusive, and check numbers 547071 through 549146, inclusive; and Payroll Register No. 24, for the period May 15, 2011, through May 28, 2011, in the amount of $2,441,386.30, for electronic deposit transaction numbers 302874 through 303718, inclusive, and check numbers 549159 through 549225, inclusive. . SUMMARY TOTAL: $19,905,303.64 Treasurer's Report - April 2011 [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 April 2011. Total Treasurer's Accountability $128,049,733.53 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $189,251,415.08 ACR133 Report and Cash Reconciliation - April 2011 [F -205-095-650] It is the recommendation of the Finance Director that the City Council accept the ACR133 I Report and the Proof of Cash Reconciliation for April 2011. Accept Protect Status Report - May 2011 [A-050-080] It is the recommendation ofthe City Manager that the City Council accept the Project Status Report for the month of May 2011. Amendment to Funding Agreement - with Superior California Economic Development District for fiscal year 2011-12 [B-130-030/B-080-500] It is the recommendation of the Assistant to the City Manager that the City Council approve the eighth amendment to the Funding Agreement (C-1336) with the Superior California Economic Development District (SCEDD) for fiscal year 2011-12 for economic development planning and business development services and authorize payment to SCEDD in the amount of$1O,184 for fiscal year 2011-12 activities. Addendum to Ground Lease - Turtle Bay Exploration Park regarding the Hospitality Parcel [C-070-100/E-050/C-070-250-250] It is the recommendation of the Assistant to the City Manager that the City Council approve the fifth addendum to the Ground Lease (C-2902) with Turtle Bay Exploration Park making slight modifications to the southerly portion of the boundary of the "hospitality parcel" to I ensure setback compliance. The Vote: AYES: Council Members - Bosetti, Dickerson, Sullivan, and McArthur NOES: Council Members - Jones ABSTAIN: Council Members - None . ABSENT: Council Members - None 06/0712011 83 . Authorization of Service Agreement - Mead & Hunt, Inc., for Airport Pavement Management System for Benton Airpark [A-090-020] It is the recommendation of the Support Services Director that the City Council approve Authorization of Service (AOS) Agreement No. 11-01 with Mead & Hunt, Inc.(C-5534), for engineering services to prepare an Airport Pavement Management System for Benton Airpark. I Parking License Agreement - Clark Construction for temporary parking facilities at Redding Municipal Airport [A-070-0801 A-090-100] It is the recommendation of the Support Services Director that the City Council approve a Parking License Agreement with Clark Construction on a month-to-month basis for approximately six months, for the amount of $1 ,230 per month, to provide off-site parking for its employees on the Redding Municipal Airport property during construction of the California Veterans Home on Knighton Road and allow a shuttle vehicle to operate between the Airport and the job site. Resolution - Appropriating Funds for Runway Safety Area Improvements at Benton Airpark [B-130-070IG-I00-070-0951 A-090-020] It is the recommendation of the Support Services Director that the City Council adopt Resolution No. 2011-55, a resolution of the City Council of the City of Redding approving and adopting the 42nd amendment to City Budget Resolution No. 2009-61, appropriating $27,200 from Federal Grant-Capital-Transportation for Phase 1 design ofa runway safety area improvement proj ect at Benton Airpark for fiscal year 2010-11. I Resolutions - Authorizing submission of grant applications to the Federal Aviation Administration and the State of California Division of Aeronautics [G-l 00.:070-095/^G-l 00-170-2001 A-090-1001 A-090-020] It is the recommendation of the Support Services Director that the City Council adopt Resolution Nos. 2011-56 and2011-57, resolutionsofthe City Council ofthe City of Redding authorizing the filing of grant applications to the Federal Aviation Administration to accomplish capital improvement projects at Redding Municipal Airport and Benton Airpark, authorizing submission of a matching grant application to the State of California Division of Aeronautics for Benton Airpark, and authorizing the City Manager, orhis designee, to execute the grant applications and all subsequent documentation necessary to obtain grant funds. Award of Bid - Bid Schedule No. 4394, Purchase and installation of diesel particulate filters [B-050-100] It is the recommendation of the Support Services Director that the City Council reject non- responsive bids submitted by Clean Diesel Specialist and Diesel Emissions and award Bid Schedule No. 4394 to Cummins West, to furnish and install California Air Resources Board verified level-3 diesel particulate filters on ten city vehicles, for a cost not-to-exceed $142,797.66. I Monthly Financial Report - Redding Electric Utility - April 2011 [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 April 2011. Billed retail revenue through April was $2,007,501 (2.4 %) below projections forthe ten-month period and total wholesale sales were $39,203,441 (276.5%) above projections. Overall, operating revenue through April came in $37,438,193 (37.2%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $30,510,444 (42.3%) above budget projections through April. Total operating expenses through April were $3,370,123 (13.9%) below budget. The Utility's net operating results for the first ten months of the fiscal year are positive and are $10,297,872 better than budget projections. Debt service payments to-date total $4,348,450. Capital expenditures through April were $2,431,839 forrevenue-funded projects and $9,627,542 for bond-funded projects. The electric utility unrestricted cash balance at the end of April was $30.3 million. 06/07/2011 84 Resolution - Authorizing acceptance of a grant from the California Alcoholic Beverage Control Department . [G-I00-170/P-150-150] It is the recommendation of the Chief of Police that the City Council adopt Resolution No. 2011-58, resolution of the City Council of the City of Redding authorizing the acceptance of a grant from the California Department of Alcoholic Beverage Control in the amount of $24,110 to pay for overtime, training and operating expenses for minor decoy and shoulder tap operations, hourly compensation for cadets and a part-time statistician, and other operating expenses to combat underage drinking and disturbances at establishments that serve alcohol. I Grant - U.S. Department of Justice for bulletproof vests [G-I00-070/P-150-150] It is the recommendation ofthe Chief of Police that the City Council approve submission of a grant application, which requires a 50 percent match, to the U.S. Department of Justice for the amount of$8,750 to purchase bullet-proof vests. Grant - McConnell Fund of the Shasta Regional Community Foundation [G-I00/P-150-150] It is the recommendation of the Chief of Police that the City Council acknowledge a grant from the McConnell Fund of the Shasta Regional Community Foundation in the amount of $6,610 to purchase a hot water power washer for use by the Graffiti Eradication Team. Set Public Hearing - Proposed adjustments to the Schedule of Fees and Service Charges [F-205-600] It is the recommendation of the Finance Director that the City Council set a public hearing for June 21,2011, to consider adjustments to the City's Schedule of Fees and Service Charges. Award of Bid - Schedule No. 4395 (Job Nos. 9006, 2369, 2993, 2992, and 5118), Parkview Neighborhood Alley Project-Lanning Avenue Section [B-050-020] It is the recommendation of the Public Works Director that the City Council reject the non- responsive bid from Hanes & Associates, Inc.; award Bid Schedule No. 4395 to N & T Digmore Inc., for the Parkview Neighborhood Alley Project-Lanning A venue Section, in the amount of $165,047.75; that an additional $35,000 be approved for administration and inspection fees and outside services for materials testing; and that $20,000 be approved to provide construction contingency funding, for a total of $220,047.75. I Approve Increase - Construction contingency funds and administration and inspection funds for Bid Schedule No. 4346 (Job No. 2365), Peterson Lane Water Main Replacement Project [B-050-020] It is the recommendation of the Public Works Director that the City Council authorize a $10,000 increase in construction contingency funds for the Peter Lane Water Main Replacement Project (Job No. 2365), bringing the total to $30,000 and increase the amount of administration and inspection funds by $10,000, bringing the total to $35,000. Notice of Completion - Bid Schedule No. 4353 (Job No. 2328), Safe Routes to School Phase I, Mistletoe Lane Project [B-050-020] It is the recommendation of the Public Works Director that the City Council accept the subject construction contract performed by Sunrise Excavating as satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder. Final cost was $240,106.18. I Award of Bid - Schedule No. 4397 (Job No. 2345), Stillwater Business Park Phase IB [B-050-020/E-050-500] It is the recommendation of the Public Works Director that the City Council award Bid Schedule No. 4397 to Shasta Constructors, Inc., for the Stillwater Business Park Phase IB project that will provide secondary access to the park, in the amount of$5,026,45420; that an additional $810,000 be approved for administration and inspection fees; and that $500,000 be approved to provide construction contingency funding, for a total of $6,806,454.00. 06/07/2011 85 The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Jones, Sullivan, and McArthur Council Members - Bosetti Council Members - None Council Members - None I Grant - Bridge .Preventative Maintenance Program; and Resolution - Budget Appropriation [G-100-070/B-130-070] It is the recommendation ofthe Public Works Director that the City Council accept $756,932 in Bridge Preventative Maintenance Program (BPMP) funds, and adopt Resolution No. 2011- 59, a resolutiop of the City Council of the City of Redding approving and adopting the 41 st Amendment to City Budget Resolution No. 2009-61 appropriating $756,932 in BPMP funds and $98,068 in Street Maintenance match funds for a total of $855,000, for the design and construction of rehabilitation projects at various bridges for fiscal year 2010-11. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Bosetti, that the foregoing items on the Consent Calendar be approved and adopted as recommended, with the exception of the item(s) approved by separate vote as indicated above. 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. 2011-55 through 2011-59 are on file in the Office of the City Clerk. I REPORT - Accept report from the City Charter Exploratory Committee, and provide further direction as necessary [B-080-600] Dr. Lea Tate, City Charter Exploratory Committee (CCEC) Chair, summarized the committee's Final Report dated May 12, 2011, incorporated herein by reference, relating to the advantages and disadvantages of city charters. Dr. Tate relayed that the CCEC met eight times from February to May 2011, and explored the complex aild multi-dimensional issues relative to charter cities vs. general law cities. She advised that the committee had used a table from the League of California Cities as a roadmap and had provided their own list of pros and cons in the final report. Dr. Tate noted that several areas of concern had been highlighted during the exploratory meetings and had been included in the report, i.e. fiscal responsibility, economic growth, public safety, and city infrastructure. She concluded with the results of the committee's vote to recommend pursuing charter city status for the City of Redding, which was five in favor and five opposed. Charles Alexander, Don Kirk, Greg Washburn, John Wilson, and Gary Cadd expressed opinions relative to civil reform, charter cities, general law cities, legal fees, and prevailing wages. George Clark, Greg Mann, and Randal Faulkner expressed support for pursuing charter city status for the City of Redding. I Brian Baker, Sally Riley, James Conway, Christine Mitchell, Dave Law, Andrew Meredith, Tony Dorn, Gerry Kersten, and Ronald Poleo opposed pursuing charter city status for the City of Redding. Tim Pappas, Shirlyn Pappas, Rocky Venti, and Roger Janis favored pursing a ballot measure to let the voters decide if the City should pursue charter city status. Erin Ryan, CCEC committee member, clarified that the final CCEC report included an "oh- by-the-way" section, which summarized unrelated public comments that were frequently received at CCEC meetings, because they viewed them as valuable/useful information. 06/07/2011 86 Council Members Jones and Bosetti expressed support for, and continued interest in, pursing . charter city status and a ballot measure. City Attorney Duvernay explained two options for presenting a charter to voters fof approval: (1) a council sponsored charter, which may include an appointed committee, or (2) an independently elected citizens charter commission, which includes electing commissioners who then provide a charter to the Clerk to be placed on the ballot within two years. Council Members Dickerson and Sullivan opposed any further effort and/or expense to pursue charter city status and/or a ballot measure. Mayor McArthur did not favor Council support of pursing charter city status and stated that interested individuals can move forward without Council action. I A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Sullivan, declining a Council sponsored city charter. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Sullivan, and McArthur Council Members - Bosetti and Jones Council Members - None Council Members - None GRANTS - 2010-11 Indian Gaming Local Community Benefit Committee Grants; and RESOLUTION - Budget Appropriation [G-100-090] , Assistant to the City Manager Clark summarized the Report to City Council (staff report) dated May 19, 2011, incorporated herein by reference, relating to acceptance of three grants from the Indian Gaming Local Community Benefit Committee (LCBC) as awarded on May 9,2011, in the amount of $170,000. Mr. Clark relayed that funds would be used within allowable parameters for extrication equipment ($40K), financial crimes enforcement ($75K), and a South Redding bikeway and pedestrian study ($55K) to mitigate impacts of the Win-River Casino and recommended acceptance ofthe grants and approval ofthe budget resolution appropri~ting funds for fiscal year 2010-11. I A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Jones, accepting three grants from the LCBC as detailed in the staff report dated May 19, 2011, and adopting Resolution No. 2011-60, a resolution of the City Council ofthe City of Redding approving and adopting the 40th Amendment to City Budget Resolution No. 2009- 61 appropriating $170,000 of grant funds for extrication equipment, financial crimes enforcement, and a South Redding bikeway and pedestrian study for fiscal year 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 No. 2011-60 is on file in the Office of the City Clerk. P ARK MAINTENANCE DIVISION - Affirm implementation of six cost-saving measures; and BARGAINING UNIT SIDE LETTERS - Authorize the City Manager to execute side letters of agreement with the City's bargaining units pertaining to minor operational issues [B-130-070/P-I00-050] City Manager Starman summarized the Report to City Council (staff report) dated May 27, 2011, incorporated herein by reference, and recalled the Community Services Advisory Commission's (CSAC) six recommendations, as detailed in the staff report submitted to Council at its Regular City Council meeting on December 7, 2010. Mr. Starman recognized an error in staff's report to CSAC, which stated that Council had approved the cost-saving measures and apologized for a misunderstanding that precipitated the execution of a side letter with the International Brotherhood of Electrical Workers-Maintenance to allow part- time Public Works Maintenance Workers assigned to the Parks Division to work less than 40 hours per week, not-to-exceed 1,000 hours in a fiscal year. He requested that Council affirm its intent regarding implementation of CSAC's six cost saving measures relative to park maintenance. I 06/07/2011. 87 Mr. Starman described the long-standing custom of using side letters. of agreement negotiated with the City's bargaining units to manage minor operational issues, citing a 20- 30 year standard practice with 130 side letters executed since 2005, and requested Council's affirmation to continue doing so. I Charles Alexander, Tim Pappas, Ray Thomas, Don Kirk, Randal Faulkner, John Dixon, Greg Mann, Ann Mooney, and Gary Cadd offered opinions and comments regarding the. Meyers/Milias/Brown Act, operational transparency, lawful negotiations, cancellation clauses, delegation of authority, full-time elected officials, situations of urgency/emergency within the scope of representation, side letters, and the CSAC recommendation. Responding to the Mayor, Community Services Director Niemer stated that action was taken based on the understanding of Council's general direction to make the most of limited resources in difficult economic times. Ms. Niemer apologized for the language error in the staff report and emphasized that the side letter, which had been "in the works" for nine months, had no impact on the City's pricing stated in the Request for Quotation forBasic Maintenance Services at Four Neighborhood Park Sites. Ms. Niemer reiterated that the side letter under discussion only allowed greater scheduling flexibility of park maintenance staff, and aligned park maintenance staff with the City's meter reader classification scheduling methodology. . City Attorney Duvernay clarified intent of Brown Act requirements to promote harmony and good working relationships between public employees and public unions and the authority it provides for local rules and regulations. Mr. Duvernay recalled that the City's policy relative to employer-employee relations had existed since 1992, was re-established by City Council Resolution No. 02-170, and designates and authorizes the City Manager to meet- and-confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions. He reiterated that staff had acted within counci1- granted authority and noted the common municipal government practice of granting authority in minor matters to a Personnel Director. I A discussion period followed and Council Members expressed feelings .and opinions related to side letters, method, fair comparison of costs to perform maintenance duties, responsibility for clear communication, cynicism, transparency, and delegation of authority. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Sullivan, affirming the Community Services Director's pursuit of the six cost-saving measures as unanimously recommended by the Community Services Advisory Commission and detailed in the staff report dated November 15, 2010, and reiterated in the staff report dated May 27,2011. The Vote: AYES: Council Members - Dickerson, Sullivan, and McArthur NOES: Council Members - Bosetti and Jones ABSTAIN: Council Members - None ABSENT: Council Members - None I A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Sullivan, affirming the City Manager's and/or his designee's authority to execute side letters of agreement withthe City's bargaining units that pertain to minor operational issues. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Sullivan, and McArthur Council Members - Bosetti and Jones Council Members - None Council Members - None A MOTIONW AS MADE by Council Member McArthur, seconded by Council Member Bosetti, directing the City Manager to provide a copy of competed side letters to the Council and report cancellation of this side letter prior to taking such action. The Vote: Unanimous Ayes 06/07/2011 88 REOUEST FOR OUOTATION - RFQ No. 148595, Basic Maintenance Services at Four Neighborhood Park Sites [B-050-1 00-600/P-1 00-060] Community Services Director Niemer summarized the Report to City COilncil (staff report) dated May 24,2011, incorporated herein by reference, relating to the results ofa Request for Quotation (RFQ) on basic maintenance services at four neighborhood park sites. Ms. Niemer relayed that, as directed by Council, RFQ No. 148595 was mailed to 78 bidders, of which 11 attended a pre-bid meeting on May 3,2011, and 8 submitted a bid. She recommended that the Council continue to employ city staff to maintain the City's parks. A MOTION WAS MADE by Council Member Sullivan, seconded by Council Member Dickerson, approving staffs recommendation to maintain parks with city staff as detailed in the staff report dated May 24,2011. The Vote: Unanimous Ayes I Greg Mann and Gary Cadd expressed opinions relative to the Brown Act and objections to how Council addressed its constituency and salary offsets. CLOSED SESSION At the hour of9:25 p.m., Mayor McArthur announced that Council would recess to a Special Closed Session of the Redding Redevelopment Agency and then to a Closed Session of the City Council. At the hour of 11 :08 p.m., Mayor McArthur reconvened the Regular Meeting to Open Session and reported that in reference to: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located north of the Redding Convention Center Assessor's Parcel No. 102-020-014 Agency Negotiator: City Manager Starman Negotiating Parties: City of Redding and SSR Ventures, Inc. Under Negotiation: Price and Terms [C-070-100/E-050] No reportable action was taken. I CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at Stillwater Business Park - Lot 7 Assessor's Parcel No. 054-220-015 Agency Negotiator: City Manager Starman Negotiating Parties: City of Redding and Southern Aluminum Finishing Co. (SAF) Under Negotiation: Price and Terms [C-070-200/E-050-500] Council voted 4-1, with Council Member Jones voting no, to approve an extension of the Purchase and Sale Agreement dated December 23, 2011, between the City and Southern Aluminum Finishing extending the agreement to March 30, 2012. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organizations: Redding Peace Officers Association [P-100-050-120] No reportable action was taken. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organizations: Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Electric Employees [P-IOO-050-070] No reportable action was taken. I CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Citizens for Fair REU Rates, Michael Schmitz, Shirlyn Pappas, Fee Fighters LLC v. The City of Redding and the City Council of the City of Redding; Case No. 171377 [L-100] No reportable action was taken. 06/07/2011 I I I 89 ADJOURNMENT There being no further business, Mayor McArthur declared the meeting adjourned at the hour of 11:10 p.m. APPROVED: ATTEST: ~~~j City Clerk ~ 06/07/2011