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HomeMy WebLinkAboutMinutes - City Council - 2011-11-15 165 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California November 15,2011 6:00 p.m. The meeting was called to order by Mayor Missy McArthur with the following Council Members present: Rick Bosetti, Dick Dickerson, Patrick Jones, and Francie Sullivan. I Also present were City Manager Kurt Starman, City Attorney Rick Duvernay, Assistant City Manager/Interim Electric Utility Director Barry Tippin, Public Works Director Brian Crane, Interim Development Services Director Bill Nagel, City Clerk Pamela Mize, and Executive Assistant Sharlene Tipton. The City Manager introduced Department Directors that were in attendance: Interim Personnel Director Sheri DeMaagd, City Treasurer Leslie Detwiler, Interim Support Services Director Rod Dinger, Fire Chief Kevin Kreitman, Community Services Director Kimberly Niemer, and Police Chief Robert Paoletti. The Pledge of Allegiance to the Flag was led by Bob McArthur. In lieu of an invocation, the Pilgrim Congregational Church Choir sang Pray for Peace. PRESENTATIONS 2A. Presentation of a Donation from AT&T to Friends of Shasta County Libraries [G-100/L-050] J ames Troup, of AT&T Advertisement/Real Yellow Pages, presented a check in the amount of$l,OOO to Jim Ceragioli and the Friends of Shasta County Libraries in recognition of its phone book recycling drive that netted 3,071 phone books. On behalf of the Friends of Shasta County Libraries, Jim Ceragioli thanked Mr. Troup. I PUBLIC COMMENT [A-050-060] Kelly Salinas and George Clarke spoke relative to the rising cost of government pensions. [A-050-060] Doug Bennett spoke about democracy and the voice of the people and encouraged respectfulness and understanding. [E-090-125/M -020] Michael Contreras spoke relative to utility payments and cannibas usage. [E-090-125] Susan Bowers, Barbara Whitener, Linda Kepford, Lydia Sullivan, and Muriel Almquist spoke relative to the Redding Electric Utility Red Tag Abatement Eviction Program/Policy. [A-050-060] Gary Cadd would like the Bureau of Reclamation to explain the automation ofKeswick Dam at a future Council meeting. I [F-200-100] Sylvia Milligan spoke relative to the coordination with the Forest Service and questioned the Council if it is aware of the current events at Keswick Dam. [A-050-060] Desaree Bourdon thanked the Council for its support of the Shasta Family Justice Center. 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.(a). Approval of Minutes - Regular Meetings of October 18, 2011, and November 1, 2011. 11/15/2011 166 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.9, for the period of November 1, 2011, through November 11, 2011, for a total 0[$3,515,903.18, for check numbers 897739 through 898102, inclusive, ACH Transfer numbers 8328 through 8361, inclusive, and Wire Transfer numbers 3682 through 3692, inclusive; and Payroll Register No.9, for the period October 16, 2011, through October 29,2011, in the amount of$2,494,960.38, for electronic deposit transaction numbers 312736 through 313553, inclusive, and . check numbers 550195 through 550246, inclusive. SUMMARY TOTAL: $6,010,863.56 I 4.1 (a). Industrial Development Incentive Agreement - Ted Pella, Inc. [E-050/E-090-070] It is the recommendation of Economic Development Liaison Pat Keener that the City Council approve an Industrial Development Incentive Agreement (Agreement) with Ted Pella, Inc., and authorize the City Manager, or designee, to execute the Agreement in the sum of$l,OOO per full-time employee or $10,000 for 10 full-time employees. 4.2( a). Community Development Block Grant Program funds - Mid-Year Reallocation [G-100-030-055] It is the recommendation of the Assistant City Manager that the City Council approve the reallocation of $1 05,qOO in federal Community Development Block Grant (CDBG) Program funds. The proposed reallocation will be used to enable completion of 1) 2010 ADA Curb Ramps ($75,000); and 2) 2011 Reroof Project - Senior Citizen's Hall ($30,000). 4.4(a). Resolution - Grant Application - Olney Creek Levee Evaluation [G-100-170/F-200-090] Mayor McArthur abstained due to owning property in the area. I It is the recommendation ofthe Interim Development Services Director and Public Works Director that the City Council adopt Resolution No. 2011-191, approving an application for funding in the amount of $200,000 and the execution of a Grant Agreement and any amendments thereto from the Local Levee Assistance Program under section 75032 of the California Public Resources Code for the Olney Creek Levee Evaluation; and authorize the Public Works Director to execute grant documents. Council Member Jones summarized a letter from the Olney Creek Group, incorporated herein by reference, explaining that because circumstances have changed since June 7, 2010, the Olney Creek Flood Plain area is now eligible for the Federal Emergency Management Administration (FEMA)-administered Hazard Mitigation Grant Program (HMGP) that provides funding for both pre-flood and post-flood mitigation projects, and are requesting that the Council pursue this option as well. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Bosetti, to adopt Resolution 2011-191, a resolution of the City Council of the City of Redding approving an application for funding and the execution of a Grant Agreement and any amendments thereto from the Local Levee Assistance Program under Section 75032 of the California Public Resources Code for the Olney Creek Levee Evaluation; and authorizing the Public Works Director to execute the grant documents. The Vote: AYES: NOES: ABSTAIN: ABSENT: I Council Members - Bosetti, Dickerson, Jones, and Sullivan Council Members - None Council Members - McArthur Council Members - None 11/15/2011 167 4.5(a). Set Public Hearing - Redding's Renewable Portfolio Standard Policy [L-040-300/E-120] It is the recommendation of the Interim Electric Utility Director that the City Council set a Public Hearing to consider revisions to Redding's Renewable Portfolio Standard (RPS) Policy for December 20,2011, and to adopt a policy for enforcement of the new RPS requirements, pursuant to the recent passage of Senate Bill 2 in the First Extraordinary Session (SBXl 2). I 4.5(b). Electric Utility's Monthly Financial Report - September 2011 [B-130-070] It is the recommendation of the Interim Electric Utility Director that the City Council accept Redding Electric Utility's (REU) Monthly Financial Report for September 2011. Billed retail revenue through September was $1,146,484 (3.5%) below projections for the three-month period and total wholesale sales were $5,225,336 (60.2%) above projections. Overall, operating revenue through September came in $4,101,085 (9.8%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $2,389,768 (9.7%) above budget projections through September 2011. Total operating expenses. through September were $1,028,491 (15.2%) below budget. REU's net operating results for the first three months of the fiscal year are positive and are $2,739,808 better than budget projections. Debt service payments to-date total $3,463,540. Capital expenditures through September were $556,332 for revenue-funded projects and $774,018 for bond-funded projects. REU's unrestricted cash balance at the end of September was $31.6 million. I 4.7(a). Resolution - Council Policy No. 408 - Investment Policy [A-050-060-555] It is the recommendation of the City Treasurer and the City of Redding Investment Advisory Committee that the City Council adopt Resolution No. 2011-192, a resolution of the City Council of the City of Redding amending Council Policy No. 408 entitled Investment Policy, relating to the City's investment guidelines. The purpose is to clarifY that the City's commercial paper holdings, as defined by Government Code S53601(h); are the specified investments subject to sale in the event of a downgrade by the credit rating agencies. 4.11 (a).Resolution - Cost Sharing Agreement - California Department of Transportation for various designated locations (District Agreement No. 02-MTCII-00l) [T -080- 700/S-050-1 00] It is the recommendation ofthe Public Works Director that the City Council adopt Resolution No. 2011-193, a resolution of the City Council of the City of Redding approving entering into an agreement for sharing the cost of state Highway Electrical Facilities with the California Department of Transportation at designated locations wi thin the City (Distri ct Agreement No. 02- MTC 11-00 1); and authorizing the Mayor to execute said Agreement. I 4.11 (b ).A ward of Bid - Bid Schedule No. 4437, Street Striping and Pavement Marking Services [B-050-100/S-070-200] It is the recommendation of the Public Works Director that the City Council award .Bid Schedule No. 4437, for street striping and pavement marking services, to Apply- A-Line, Inc., in an amount not-to-exceed $250,000 per year for the initial year term; and authorize the Public Works Director to extend the contract annually for a maximum to two additional years. 4.1l(c).Third Amendment to Consulting and Professional Services Contract (C-5168) - Stillwater Wastewater Treatment Plant Expansion Project [W-01O-560] It is the recommendation of the Public Works Director that the City Council authorize the Mayor to execute the Third Amendment to Consulting and Professional Services Contract (C-5168) with Water Works Engineers, LLC, to provide additional engineering services associated with project scope added to the Stillwater Wastewater Treatment Plant Expansion Project. 11/15/2011 168 4.15(a).Life and Long-Term Disability Insurance Contracts - The Hartford Company [P-1 00-150-055/P-1 00-150-060] It is the recommendation of the Interim Personnel Director that the City Council authorize staff to enter into agreements to provide life, dependent life, accidental death & dismemberment, and long-term disability insurance agreements with The Hartford Company. Mayor McArthur thanked the Personnel Department for saving the City $79,323 annually by researching this cost saving measure. I 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. 2011-191 through 2011-193 are on file in the Office of the City Clerk. APPOINTMENTS 7.1 Re-Appointments - Community Development Advisory Committee [B-080-600-100] City Manager Starman highlighted the Report to City Council (staff report) dated November 3,2011, incorporated herein by reference, and relayed Mayor McArthur's recommendation that the City Council re-appoint Staci Bertagna, Ann M. Duchi, and Matthew B. Moseley to the Community Development Advisory Committee to serve three-year terms from December 1, 2011, to December 1, 2014. I A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member Sullivan, to re-appoint Staci Bertagna, Ann M. Duchi, and Matthew B. Moseley to the Community Development Advisory Committee to serve three-year terms from December 1, 2011, to December 1, 2014. The Vote: Unanimous Ayes 7.2 Re-Appointments - Board of Directors of the Shasta Mosquito Abatement & Vector Control District [B-080-480] City Manager Starman summarized the Report to City Council (st~ff report) dated November 3, 2011, incorporated herein by reference, and relayed Mayor McArthur's recommendation that the City Council re-appoint Charles W. Ryan as the City of Redding representative on the Board of Directors of the Shasta Mosquito Abatement & Vector Control District for a two-year term ending December 31, 2013. A MOTION WAS MADE by Council Member Jones, seconded by Council Member Bosetti, to re-appoint Charles W. Ryan as the City of Redding representative on the Board of Directors of the Shasta Mosquito Abatement & Vector Control District for a two-year term ending December 31, 2013. The Vote: Unanimous Ayes REGULAR CALENDAR - REPORTS & COMMUNICATIONS OF DEPARTMENTS. BOARDS. COMMISSIONS. AND COMMITTEES I 9 A(b). Resolution - Temporary waiver of traffic and wastewater impact fees for new single- family dwellings [F -205-600/T -080-400] Interim Development Services Director N agel summarized the Report to City Council (staff report) dated October 27, 2011, incorporated herein by reference, and recommended tha~ the City Council adopt a resolution implementing a temporary waiver of certain residen~ial impact fees. He noted that the waiver is limited to the first 50 single-family residential dwelling units with building permits issued prior to June 30, 2012, and completed prior to March 31,2013. 11/15/2011 169 I AMOTION WAS MADE by Council Member Bosetti, seconded by Council Member Dickerson, to adopt Resolution No. 2011-194, a resolution of the City Council of the City of Redding implementing a temporary waiver of certain residential impact fees. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, Sullivan, and McArthur Council Members - Jones Council Members - None Council Members - None Resolution No. 2011-194 is on file in the Office of the City.Clerk. 9 .14( a). Urgency Ordinance - Medical Marijuana Cooperatives and Collectives (MMCCs) [M-020/ A-050-060] City Attorney Duvernay highlighted the Report to City Council (staff report) dated November 3, 2011, incorporated herein by reference, and recommended that the City Council introduce and adopt an urgency ordinance by title only, amending Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6. 12 (MMCCs) of the Redding Municipal Code by repealing Sections 6.12.010 through 6.12.140 and reenacting Sections 6.12.010 through 6.12.040, amending Title 18 (Zoning), Chapter 18.33 (Commercial Districts) to amend Schedule 18.33 .020-A relative to permissible zones for MMCCs, Chapter 18.34 (Industrial Districts), Section 18.34.020 (Land Use Regulations), Schedule 18.34.020-A (Use Regulations - "Industrial" Districts) relative to Medical Marijuana Nurseries and Chapter 18.60 (Use Classifications), Section 18.60.070 (Agriculture and Extractive Use Classifications) all related to the establishment or continued operation ofMMCCs. I Mr. Duvernay explained that on October 7, 2011, the United States Attorneys for California, issued a statement relating a change in federal enforcement policy. They stated, in part, that commercial marijuana operations are illegal under federal law, and that they plan to enforce federal law . Additionally, Mr. Duvernay related that on October 4, 2011, the Second District Court of Appeal in the Pack v. City of Long Beach case issued an opinion determining as a matter oflaw that the regulatory permitting oflarge scale MMCCs by cities is pre-empted by federal law. He noted that the City of Long Beach regulatory perrilit ordinance was similar to the City of Redding's ordinance. Mr. Duvernay stated that, in light of the court ruling in the Pack case, the City is now without power to permit and regulate MMCCs and no feasible and/or acceptable alternative exists except to ban large scale MMCCs. In response to Council Member Dickerson, Mr. Duvernay noted that an urgency ordinance was appropriate because the Pack decision became effective on November 4,2011, and is now considered the law of the land, rendering the City's ability to regulate null and void. I Jess Brewer, Doug Bennett, Natalie Fullenbach, Amy Graesch, Andrea Bjczek, Jeanette Ernst, Kim Marshall, Linda Silvey, Dennis Daniel, Weston Mickey, Rodney Jones, John Lane, Rob McDonald, Dan Levine, John Hernandez, Lisa Monaghan, Darlene Bartels, Keith Cope, Cori Lantroop, Christy Pitari, Alec Henderson, Michael Hughes, Max Del Real, Hillary Criner, Krystal Darden, John Prinz, Karyn Wilbur, and Jacob Benno, spoke in opposition of banning MMCCs. Cameron Mooney, Cathy Grindstaff, Cindy Diezsi, Kathy Kakiuchi, Bridget McGinniss, Michelle Kamla, Richard Fyten, and Nicholas Hodges spoke in support of banning MMCCs A Council Discussion ensued. 11/15/2011 170 MOTION WAS MADE by Council Member Jones, seconded by Council Member Dickerson, to introduce and adopt Urgency Ordinance No. 2011-2481, an ordinance of the City Council of the City of Redding amending Title 6 (Business Taxes, Licenses, and Regulations), Chapter 6.12 (MMCCs) ofthe Redding Municipal Code by repealing Sections 6.12.010 through 6.12.140 and reenacting Sections 6.12.010 through 6.12.040, amending Title 18 (Zoning), Chapter 18.33 (Commercial Districts) to amend Schedule 18.33.020-A relative to permissible zones for MMCCs, Chapter 18.34 (Industrial Districts), Section 18.34.020 (Land Use Regulations), Schedule 18.34.020-A (Use Regulations - "Industrial" Districts) relative to Medical Marijuana Nurseries and Chapter 18.60 (Use Classifications), Section 18.60.070 (Agriculture and Extractive Use Classifications) all related to the establishment or continued operation ofMMCCs; declaring the urgency thereof, and waiving the full reading of the ordinance; and instructing the City Attorney to read the full title. The Vote: AYES: NOES: ABSTAIN: ABSENT: I Council Members - Bosetti, Dickerson, Jones, Sullivan, and McArthur Council Members - None Council Members - None Council Members - None City Attorney Duvernay read the full title of the adopted ordinance. 9.15(b ).Resolution - Amendments to Executive Management Pay-For-Performance Salary Schedule (Electric Utility Distribution Planner I and II) [P-l 00-050-1 OO/P-l 00-320] Interim Personnel Director DeMaagd highlighted the Report to City Council (staff report) dated November 7, 2011, incorporated herein by reference, and recommended that the City Council approve a resolution amending the Executive Management Pay- For-Performance Salary Schedule adding the Electric Utility Distribution Planher I and II classifications, currently on the Unrepresented Non-Exempt Employee Schedule of Classifications and Hourly Wage Rates, making these classifications exempt, and increasing the salary range by five percent, effective November 13, 2011. I George Clark spoke in opposition of increasing the salary range five percent. Council discussion ensued. Council Member Jones advised he would vote no due to the pay increase. A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Sullivan, to adopt Resolution No. 2011-195, a resolution ofthe City Council of the City of Redding, approving amendments to the Executive Management Pay- For-Performance Salary Plan, effective November 13,2011, thereby changing the Electric Utility Distribution Planner I and II positions from hourly to exempt, and increasing the salary range five percent for said positions. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, Sullivan, and McArthur Council Members - Jones Council Members - None Council Members - None PUBLIC COMMENT (Continued) [E-090-125/M -020] Terra Baker spoke in opposition of the REU Red Tag Evictions and the ban on MMCCs. I CLOSED SESSION At the hour of 10:03 p.m., Mayor McArthur announced that Council would adjourn to Closed Session. At the hour of 10:45 p.m., Mayor McArthur reconvened the Regular Meeting to Open Session and reported that in reference to: 11/15/2011 171 I 12A. Closed Session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property generally located along Placer Street between the western city limit and Olive A venue Assessors Parcel Nos.: 104-900-009; 104-070-014; 104-900-002; 103-400-072; 104- 900-003; 103-430-052-061) Agency Negotiators: Assistant City Attorney Frediani and Bob Martin of Martin Appraisal & Acquisition Company Negotiating Parties: City of Redding and Gold Hills Mobile Estates; Robert & Betty Leslie; Thelma Overton Trust; Timothy P. & April Peltier; Albert Pierce, et a1.; and Francis & Jimmy Roads Under Negotiation: Price and Terms [C-070-010] The City Council took no reportable action. 12B. Closed Session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at Stillwater Business Park - Portion of Lot 12, Lot 13, & Lot 14 Assessors Parcel Nos. 054-260-004; 054-260-005; 054-260-006 Agency Negotiator: City Manager Starman Negotiating Parties: City of Redding and Clarity Entertainment, Inc. Under Negotiation: Price and Terms [C-070-200/E-050-500] The City Council unanimously approved a Letter ofIntent with Clarity Entertainment, Inc. to acquire portions of Stillwater Business Park. I 12C. Closed Session pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION TTS Construction Corporation v. City of Redding, Shasta County Superior Court Case No. 170373 [L-I00] The City Council unanimously authorized the City Attorney to file a cross complaint against the Plaintiff. 12D. 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 Stillwater Wastewater Treatment Plant and the Clear Creek Wastewater Treatment Plant. The Notices of Violation are available for public inspection in theOffice ofthe City Clerk pursuant to Section 54957.5 [L-l OOIW -01 0-450/W -010-560] The City Council took no reportable action. I 11/15/2011 172 ADJOURNMENT There being no further business, Mayor McArthur declared the meeting adjourned at the hour oflO:47 p.m. ATTEST: ~Q~ City Clerk . 11/15/2011 APPROVED: I I I