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HomeMy WebLinkAboutMinutes - City Council - 2010-07-20 I I I 134 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California July 20,2010 6:00 p.m. The Pledge of Allegiance to the Flag was led by Carl Bott. The Invocation was offered by Imam Abu Bakr Salahuddin. The meeting was called to order by Mayor Jones with the following Council Members present: Bosetti, Dickerson, McArthur, and Stegall. Also present were City Manager Starman, City Attorney Duvernay, Assistant City Manager Tippin, Public Works Director Crane, Assistant Development Services Director Nagel, City Clerk Mize, and Executive Assistant Grimm. The City Manager introduced Department Directors that were in attendance: Detwiler, Hansen, Hauser, Kersten, Kreitman, Strong. PUBLIC COMMENT [C-110-100] Donald Kirk commented on homeless people using cardboard signs to beg for food, money, and help and requested an ordinance banning cardboard signs in Redding, similar to one in Roseburg, OR. [M-020] Sean Merritt expressed his opinions on the robbery of a local medical marijuana collective, and discrimination against medical marijuana patients and others. PRESENTATION - Healthy Eating! Active Living Cities [A-050-060] Francesca Wright, Special Projects Consultant for the Healthy Eating! Active Living (HEAL) Cities Campaign, recognized the City of Redding for its efforts to promote healthy lifestyle choices and presented an Eager Healthy Eating! Active Living City certificate to the Mayor. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular meeting of June 1,2010 Approval of Payroll and Accounts Payable Registers [A-050-100-500] It is the recommendation of the Finance Director that the City Council approve: (1) Accounts Payable Register No. 24, for check numbers 884345 through 884796, inclusive, ACH Transfer numbers 6939 through 6992, inclusive, and Wire Transfer numbers 2413 through 2484, inclusive, for a total of$12,151,540.17, for the period of June 14,2010, through June 30, 2010; (2) Accounts Payable Register No.1, for check numbers 884797 through 885332, inclusive, ACH Transfer numbers 6993 through 7023, inclusive, and Wire Transfer numbers 2485 through 2531, inclusive, for a total of$6,590,633.15 for the period of July 1, 2010, through July 16, 2010; (3) Payroll Register No. 25, for electronic deposit transaction numbers 281091 through 281985, inclusive, and check numbers 546736 through 546852, inclusive, in the amount of $2,833,096.04, for the period May 30,2010, through June 12,2010; (4) Payroll Register No. 26, for electronic deposit transaction numbers 282039 through 282943, inclusive, and check numbers 546864 through 546944, inclusive, in the amount of $2,949,746.68, for the period June 13,2010, through June 26,2010; and (5) Payroll Register No.1, for electronic deposit transaction numbers 282994 through 283901, inclusive, and check numbers 546956 through 547112, inclusive, in the amount of$2,803,744.95, for the period June 27, 2010, through July 10, 2010. TOTAL: $27,328,760.99 07/20/2010 135 Treasurer's Report - May 2010 [A-050-100-600] It is the recommendation ofthe City Treasurer that the City Council accept the Treasurer's Report for the month of May 2010. Total Treasurer's Accountability $138,704,533.14 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $225,587,960.20 ACR133 Report and Cash Reconciliation - May 2010 [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 May 2010. I Ordinance - Rezoning Application RZ-6-07, relating to Property located at 4402 Eureka Way [L-OI0-230] It is the recommendation ofthe Development Services Director that the City Council adopt Ordinance No. 2462, an ordinance of the City Council of the City of Redding amending Section 18.01.050 of the Redding Municipal Code entitled "Zoning Map", relating to the rezoning of certain real property located at 4402 and 4350 Eureka Way. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, and Jones Council Members - Stegall Council Members - McArthur Council Members - None Ordinance - Approving a Development Agreement with Sierra Pacific Industries relative to the Salt Creek Heights Subdivision [S-101-135] It is the recommendation of the Development Services Director that the City Council adopt Ordinance No. 2463, an ordinance of the City Council of the City of Redding approving a development agreement by and between the City of Redding and Sierra Pacific Industries relative to the development known as the Salt Creek Heights Subdivision (S-15-07)/Planned Development (PD-II-07). . The Vote: AYES: NOES: ABSTAIN: ABSENT: I Council Members - Bosetti, Dickerson, and Jones Council Members - Stegall Council Members - McArthur Council Members - None Ordinance - Amending Redding Municipal Code Title 14 - Utilities, Chapter 14.16 - Sewers [W-OI0-200] It is the recommendation ofthe Public Works Director that the City Council adopt Ordinance No. 2464, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 14 - Utilities, Chapter 14.16 - Sewers, by amending Sections 14.16.020, 14.16.445, and 14.16.564, all relating to conformance with current federal standards. Funding Agreement - Superior California Economic Development District [B-130-070/B-080-500] It is the recommendation of the Assistant to the City Manager that the City Council approve Amendment No. 7 to the Funding Agreement (C-1336) with the Superior California Economic Development District (SCEDD) for fiscal year 20 1 0-11 for economic development planning and business development services and authorize a payment to the SCEDD in the amount of $1 0, 184 for fiscal year 2010-11 activities. I Resolutions - Approving the use of Low- and Moderate-Income Housing Fund monies outside the Canby-Hilltop-Cypress and Market Street Redevelopment Project Areas. [R-030-050/^R-030-100/R-030-075-040] It is the recommendation of the Assistant City Manager that the City Council adopt Resolution Nos. 2010-63 and 2010-64, resolutions of the City Council ofthe City of Redding approving the use of Low-and Moderate-Income Housing Fund monies outside the boundaries of the Canby-Hilltop-Cypress and Market Street Redevelopment project areas for affordable housing purposes that will be of benefit to the respective project areas. 07/20/2010 I I I 136 Single-Family Private Activity Bond Fair Share Allocation - Approve Assignment of the City's 2010 Allocation to the California Rural Home Mortgage Finance Authority's Homebuyers Fund [R-030-100-040] It is the recommendation ofthe Assistant City Manager that the City Council assign the City of Redding's 2010 Single-Family Private Activity Bond Fair Share allocation, determined to be the amount of $593,442 by the California Debt Limit Allocation Committee, to the California Rural Home Mortgage Finance Authority's Homebuyers Fund. Resolution - Authorizing Submission of Grant Applications to CalRecycle and Authorizing Acceptance of Awarded Grant Funds for Fiscal Years 2010-11 through 2010-16 [G-IOO-170/S-020-550] It is the recommendation of the Support Services Director that the City Council adopt Resolution No. 2010-65, a resolution of the City Council of the City of Redding authorizing the submission of grant applications to the State of California Department of Resources Recycling and Recovery (CaIRecycle) and authorizing the acceptance of awarded grant funds under the Used Oil Payment Program for fiscal years 2010-11 to 2015-16. Monthly Financial Report - Redding Electric Utility - May 2010 [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 May 2010. Billed retail revenue through May was $790,006 (0.9 %) below projections for the eleven-month period and total wholesale sales were $29,683,209 (147.7%) above projections. Overall, operating revenue through May came in $29,902,598 (27.7%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $2,790,654 (42.2%) above budget projections through May. Total operating expenses through May were $4,012,097 (15.4%) below budget. The Utility's net operating results for the first eleven months of the fiscal year are positive and are $1,124,041 better than budget projections. Debt service payments to-date total $2,571,856. Capital expenditures through May were $2,506,001 for revenue-funded projects and $21,309,471 for bond-funded projects, most of which is for construction of Redding Power Plant Generating Unit No.6, which continues to be within the approved budget. The electric utility unrestricted cash balance at the end of May was $32.9 million. Resolution - Balancing Authority of Northern California (BANC) Membership Agreement [E-120-0 13] It is the recommendation of the Electric Utility Director that the City Council adopt Resolution No. 2010-66, a resolution of the City Council of the City of Redding authorizing the Redding Electric Utility Director or his designee to execute the Balancing Authority of Northern California (BANC) Membership Agreement and represent the City as the BANC Commissioner in the routine conduct of the continuing and future business as a member of the BANC Joint Powers Agency. Resolution - National Night Out - August 3, 2010 [ A-050-060-600/P-150-150] It is the recommendation of the Chief of Police that the City Council adopt Resolution No. 2010-67, a resolution ofthe City Council of the City of Redding proclaiming August 3, 2010, as "National Night Out" in support of crime and drug abuse prevention efforts and police- community partnerships. Agreement and Memorandum of Understanding - Integrated Public Safety System [P-150-150] It is the recommendation of the Chief of Police that the City Council approve the updated Integrated Public Safety System (IPSS) Agreement (C-2756) between the City of Redding, the City of Anderson, and the County of Shasta for a five-year period effective July 1, 2010, and authorize the Mayor to execute the agreement on behalf of the City; and also recommends that the City Council authorize the Chief of Police to sign the IPSS Memorandum of Understanding. 07/20/2010 137 Monthly Financial Report - General Fund - May 2010 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the monthly General Fund Financial Report for May 20 I O. Total revenue through May is $56 million or $553,393 (0.9%) above staffs cash flow projection. Expenditures at month end, excluding encumbrances, total $60,594,586 or $5,693,498 (8.6%) below staffs projection. Encumbrances total $1,335,471. Resolution - Appropriation Limit for Fiscal Year 2010-11 [B-130-070] Pursuant to California Government Code Section 7910, it is the recommendation of the Finance Director that the City Council adopt Resolution No. 2010-68, a resolution of the City Council ofthe City of Redding establishing an appropriation limit of$168,658, 456 for fiscal year 2010-11. I Resolution - Summary Vacation (A-2-1 0) [A-OI0-040] It is the recommendation of the Public Works Director that the City Council adopt Resolution No. 2010-69, a resolution ofthe City Council of the City of Redding summarily vacating various easements on property located at 1515 Dana Drive. Resolution - Summary Vacation (A-3-10) [A -010-040] It is the recommendation of the Public Works Director that the City Council adopt Resolution No. 2010-70, a resolution ofthe City Council ofthe City of Redding summarily vacating a 40- foot-wide easement on property located at 2077, 2163 and 2165 College View Drive. The Vote: AYES: Council Members - Dickerson, McArthur, Stegall, and Jones NOES: Council Members - None ABSTAIN: Council Members - Bosetti ABSENT: Council Members - None Resolution - Summary Vacation (A-4-10) [A-O 1 0-040] It is the recommendation of the Public Works Director that the City Council adopt Resolution No. 2010-71, a resolution of the City Council of the City of Redding summarily vacating four utility easements on property located at 850 and 997 Roseland Street, 975 Shasta View Drive, and 987 Gibralter Road. I Resolutions - Approving the Engineer's Reports, declaring intention to levy and collect Landscape Maintenance District assessments for fiscal year 2010-11, and setting public hearings for August 3, 2010 [A-170-075-050 through -057/ A-170-075-059 through -081; -083 through - 085] It is the recommendation of the Public Works Director that the City Council adopt Resolution Nos. 2010-72 through 2010-106, resolutions of the City Council of the City of Redding approving the Engineer's Reports and maps; declaring intent to levy and collect fiscal year 2010-11 assessments for Landscape Maintenance Districts A, B, C, D, E, F, G, H, HI, J, K, L, M, N, 0, P, Q, R, S, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, 06-06, 07 -06, 08-06, 09-06, 11-06, 01-07, and 02-07, pursuant to the Landscaping and Lighting Act of 1972; and setting the date for the public hearings as August 3, 2010. A ward Request for Proposals - Diestelhorst Bridge Preservation and Rehabilitation Project [B-050-1 00/S-070-050-1 00] It is the recommendation of the Public Works Director that the City Council award Request for Proposal (RFP) No. PI 013 to CH2M Hill; authorize staffto negotiate a Consulting and Professional Services Contract; and authorize the Mayor to execute same for project management, preliminary and final design, environmental compliance support, and technical assistance during bidding and construction on the Diestelhorst Bridge Preservation and Rehabilitation project, for a not-to-exceed fee of $300,000. I 07/20/2010 I I I 138 Resolutions - Approving Loan Applications to the State Water Resources Control Board's State Revolving Fund Loan Program for the Mary Street Lift Station Replacement, Mary Street Sewer Force Main, and Boulder Creek Interceptor Projects and rescinding prior Resolution Nos. 2009-108 and 2009-109 [G-1 00-170/W -020-560/W -020-610] It is the recommendation of the Public Works Director that the City Council adopt Resolutions Nos. 2010-107 and 2010-108, resolutions of the City Council of the City of Redding approving loan applications to the State Water Resources Control Board's State Revolving Fund (SRF) Loan Program for low-interest loan funds for the Mary Street Lift Station Replacement, Mary Street Sewer Force Main, and Boulder Creek Interceptor projects and rescinding prior Resolution Nos. 2009-108 and 2009-109 due to revisions requested by the SRF. Resolution - Approving the Engineer's Report; declaring Intent to Levy and Collect Assessments for Fiscal Year 201 0-11 for Sanitary Sewer Maintenance District (SSMD) 01- 07; and setting a Public Hearing for August 3, 2010 [A-170-080-001] . It is the recommendation of the Public Warks Director that the City Council adopt Resolution No. 2010-109, a resolution of the City Council of the City of Redding approving the Engineer's Report; declaring intent to levy and collect assessments for fiscal year 2010- Il for Sanitary Sewer Maintenance District (SSMD) 01-07; and setting a public hearing for August 3, 2010. California State Association of Counties- Excess Insurance Authority [R-I00-950] It is the recommendation of the Assistant City Manager that the City Council approve continued participation with California State Association of Counties-Excess Insurance Authority (CSAC-EIA) to provide excess workers' compensation insurance under a Memorandum of Understanding (C-4633) for fiscal year 201 0-11 for the amount of$140, 118 and authorize the City Manager or his designee to act on behalf of the City and enter into agreements with CSAC-EIA. A MOTION WAS MADE by Council Member McArthur, 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, McArthur, Stegall, and Jones Council Members - None Council Members - None Council Members - None Ordinance Nos. 2462 through 2464 and Resolution Nos. 2010-63 through 2010-109 are on file in the Office of the City Clerk. --------------.....;...---- PUBLIC HEARING- continued from June 15,2010 -to consider a RESOLUTION adjusting the City's Schedule of Fees and Service Charges, excluding Convention Center Fees and Service Charges [F-205-600] City Manager Starman introduced the topic and recalled that further information related to the financial impact of staying feel service charge increases was requested by two Council Members and that the Shasta Builder's Exchange CEO had asked for additional time to examine the proposed changes to the Schedule of Fees and Service Charges as outlined in the Reports to City Council (staff reports) dated May 14 and June 3, 2010, and presented for Council's consideration on June 1 and June 15, 2010, respectively. Mr. Starman further recalled that changes to fees and service charges related to the Redding Convention Center for fiscal year 2010-11 were approved and adopted by Resolution No. 2010-55 on June 15, 2010. He relayed that the City's Schedule of Fees and Service Charges has been adjusted annually for many years, in accordance with City Council Policy 802, and changes are based on the Consumer Price Index or Construction Cost Index and primarily reflect inflation or deflation. He recollected that fees were decreased for fiscal year 2009-10. 07/20/2010 ;.., 139 At the hour of 6:16p.m., Mayor Jones reopened the public hearing to consider Proposed Adjustments to the City's Schedule of Fees and Service Charges. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing No protests were received. Kent Dagg, Shasta Builder's Exchange, supported the City's approach to making modest annual adjustments to fees and service charges instead of larger adjustments periodically, to even out the increases over time and relayed that Exchange dues are similar. He advised Council that the Builder's Exchange had frozen their membership rate increase in 2009 and 2010 due to the state of the economy. Mr. Dagg requested that Council stay the increases to the City's fees and service charges for 2010. I Mayor Jones determined that no other individual wished to address this matter and closed the public hearing. Council Member Dickerson expressed concern about the General Plan Amendment Text Fee in the amount of$3,120 as proposed by the Development Services Department, opining that it was rather high. Mr. Dickerson asked the City Manager to elaborate on an alternative. Mr. Starman responded that the original proposal was for a fixed flat fee of$3,120 for all General Plan Amendments, based on the average costs of amendments of that nature. He relayed that the proposal had been modified to charging actual time and material costs for each amendment, with an up-front deposit of$3,120 required at the time of application. Mr. Starman responded to Council Member questions regarding General Fund, Solid Waste, and Airport Fund revenue losses and current economic activity levels, and stated that although the Airport historically struggles to operate from users fees, sufficient utility and General Fund reserves existed to accommodate the estimated $25,000 General Fund revenue loss resulting from a stay of fee and service charge increases. He noted that the Engineering Department had adjusted overhead rates as part of budget reduction measures and that change needed to be memorialized in the fee schedule by resolution. I A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, adopting revised Resolution No. 2010-110 amending the City's Schedule of Fees and Service Charges, approving engineering overhead fee adjustments, and staying all other increases for fiscal year 2010-11. The Vote: AYES: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None LEAGUE OF CALIFORNIA CITIES - Designation of Voting Delegate for the Annual Conference in San Diego on September 15 - 17,2010 [L-040-150] Mayor Jones appointed Council Member McArthur to represent the City as the Voting Delegate for the League of California Cities Annual Conference in San Diego on September 15-17,2010. A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member Stegall, approving the Mayor's appointment. The Vote: Unanimous Ayes I ANNUAL STATE OF THE CITY LUNCHEON - Discuss changing date from January to September [P-145-800] Council Member McArthur opined that, although the address is not specifically about the Mayor's tenure, it nevertheless seemed awkward for a new Mayor to address the public on the state of the City so soon after taking office and present the accomplishments that occurred during the former mayor's term of office. She commented that it would be more appropriate to schedule a luncheon in the Fall like the City of Anderson does, and expressed 07/20/2010 I I I 140 her interest in changing the date of the City's annual State of the City Luncheon from late January to September, beginning in 2011. Ms. McArthur relayed the Redding Chamber of Commerce's approval of the scheduling change. Mayor Jones supported the idea, stating his opinion that the in-coming mayor would be more comfortable and able to do a better job after having served as mayor. Council Member Dickerson opposed changing the date, asserted that the newly seated Mayor has traditionally been Vice Mayor and should be fully aware of the state of the City, that the emphasis should remain on the health of the City not be about the Mayor, and that current scheduling after the end of the calendar year has worked well to provide timely reporting of annual conditions. Council Member Stegall opposed changing the date, affirmed that the report is not about what the Mayor did while in office, and opined that the report should reflect what the entire City did as a team and the work that had been done in the prior year. She expressed concerns that since the September date is so close to the November elections, it creates strong potential for the luncheon and report to become overly political and be inappropriately used as a campaign platform. Ms. Stegall preferred to keep the luncheon in the beginning ofthe year. Council Memb~r Bosetti stated that he was a traditionalist and agreed that the luncheon was about the City, not about the Mayor, and preferred to keep it as it has been. City Manager Starman confirmed that sufficient direction had been provided to determine continuation of the practice of scheduling the annual State of the City Luncheon in early January. MEDICAL MARIJUANA - Discuss the possibility of pursuing a local ballot measure to tax medical marijuana collectives and cooperatives [M-020/T-010] City Manager Starman recalled that Ordinance No. 2445, pertaining to medical marijuana collectives and cooperatives, was adopted in late 2009. He also recalled that the Council briefly discussed the topic of taxing the sale of medical marijuana at the "Radical 1 0 in ' 10" workshop on January 7,2010, and had indicated interest in more information on the subject as part of the six-month review of the ordinance, scheduled for August 2010. Mr. Starman provided information regarding the November 2010 ballot measure deadline and initiatives other cities have either considered or added to ballots, and deferred to Council Member McArthur per her request to discuss the taxing of medical marijuana prior to the six-month review and the possibility of putting a measure on the November 2010 ballot. Council Member McArthur opined that, in light of California Proposition 19 (to legalize and tax marijuana) being placed on the November 2, 2010, state ballot, it was time for the Council and ~oml)1unity to develop concepts to deal with recreational marijuana use and medical marijuana taxation. She expressed a high comfort level with taxing marijuana, likening it to alcohol and cigarettes that cause harm to general health and create a financial burden on tax-payers. Ms. McArthur requested a general discussion amongst Council Members and as a community on the topic. Mr. Starman noted that taxing medical marijuana and Prop 19 were two distinct issues. Jim Eagle, Don Kirk, James Benno, and Jess Brewer expressed opinions on taxing medical andlor recreational marijuana, side effects of medications, selective use of tax revenue funds, safe access, and illegal sale of drugs; some supported a tax and some opposed. Responding to Council Member McArthur, City Attorney Duvernay concurred that two separate issues were being discussed and opined that it was premature to make a decision on taxing recreational use of marijuana before Prop 19 passes. He indicated that a measure to tax medical marijuana could be prepared in time to meet the deadline for the November 201 0 ballot. Mr. Duvernay explained that the City's existing business tax methodology is minimal and a tax on medical marijuana would likely be based on gross receipts, which is common in other cities for all businesses. He clarified that voter approval of a general tax is by majority (51 %), but that a special tax, such as one earmarked for the police department, requires a 2/3 approval. 07/20/2010 141 Ms. McArthur restated her interest in determining the Council's thoughts on taxing marijuana and in being a "dry" city if Prop 19 passes. Council Mem~er Stegall, asserted that while medical marijuana is abused by some, she was not willing to tax medical use. She stated that her opinion regarding recreational use of marijuana was completely different and concurred that a decision related to Prop 19 would be premature at this time. Ms. Stegall stressed her opposition to state government initiatives that cause a legal morass of logistic and technical intricacies for local governments across the state to struggle through, decipher, and implement. Council Member Bosetti acknowledged that it was too soon to determine a position on taxation of recreational use marijuana and possible changes to the City's medical marijauna policy should not be considered until after the six month review. He stated his belief in "home rule" and appreciated flexibility to implement state level initiatives like Prop 19. Mr. Bosetti deferred making a decision until after November 2010. I Although he conceded that abuse of the system does occur, Council Member Dickerson was opposed to taxing medical marijuana. He recalled his efforts to eliminate sales tax on over- the-counter health aids used to relieve pain while serving as a State Assemblyman. Mr. Dickerson observed that a discussion regarding Prop 19 was not agendized and that voters, not the State, put the initiative on the ballot. Mayor Jones opposed marijuana.use in any fashion, did not support allowing co-ops and collectives within the City limits, and opined that a tax would not cover the ill effects of a proliferation of marijuana use in the community; he, therefore, did not favor taxing manJuana. City Manager Starman deferred to Council Member McArthur, who observed that most of the Council opposed taxing medical marijuana at this time and preferred to wait and see what happens in November. UNION CONTRACT CONCESSIONS - Redding Peace Officers Association and Redding Police Managers Association ' [B-130-070/^P-1 00-050-120/^P-1 00-050-128] Mayor Jones noted that open discussion of wages and benefits was nearly unprecedented and questioned the City Attorney regarding rules of order and placement of a minority opinion item on the agenda that was converse to a previous closed session decision. I City Attorney Duvernay responded that nothing in the Redding Municipal Code, Council Policy, or Robert's Rules of Order dictate how items are put on the agenda. He stated that the City Manager determines the docket, incorporating requests from various Council Members, based on tradition and past practice. He observed no issue with the process of how the item was added to the docket. Recalling her experience as a minority opinion, Council Member McArthur indicated that she thought she had been advised that a Council majority was necessary for reconsideration of a subject. City Manager Starman clarified that the Redding Municipal Code does contain a provision that pertains to reconsideration of an item at the same and, perhaps at the next Council meeting, and requires that a member who voted in the affirmative ask for the item to be brought back. He did not think it pertained in this instance. Responding to Mayor Jones, Mr. Starman explained that although the Council had considered two individual offers from the Redding Peace Officers Association (RPOA) and the Redding Police Managers Association (RPMA) in closed session in April 2010, subsequent conveyance of the Council's direction by the labor negotiator did not result in consensus, no agreement was achieved, and therefore, no further action was brought before Council for consideration in open session. As detailed in the Report to City Council (staff report) dated July 14, 2010, Mr. Starman relayed that Council Member Dickerson had recently requested the item be brought before Council after a discussion with the President of the RPOA generated new, although very similar, concession proposals from the RPOA and the RPMA that would facilitate the retention of four police officers. He recognized nuances in both organization's proposals and acknowledged the overall similarity to offers the Council had rejected in April 2010. I 07/20/2010 I I I 142 Mr. Duvernay referred to Redding Municipal Code pertaining to Council Meetings - Rules of Debate that addresses a motion to reconsider action taken by the Council at that same meeting and read Section 2.04.l40(D) clarifying that "Nothing in this section shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council." He pointed out that if Council Members were so inclined, they could make a motion to table this agenda item. Mr. Starman briefly addressed alternative methods for agenda preparation. He summarized the staff report dated July 14,2010, incorporated herein by reference, relating to concession offers from the RPOA and the RPMA. Mr. Starman answered questions and participated in Council discussion. Steve Allen, negotiator for RPOA since 1983, clarified that the RPOA contract was not "open" and that a regular negotiation was not occurring. He read the letter from Brad LaCroix, President ofRPOA, that was attached to the staff report, outlining the offer being submitted for Council's consideration, and read a prepared statement from Mr. LaCroix detailing a plan that would maintain employment of four patrol officers through September 30,2011, nine months beyond the current contract expiration in March 2011. Mr. Allen concluded his comments by noting the difficulties caused by the divisive nature of asking members to vote on contract concessions that pit one interest against another such as saving jobs or cutting pay, and stated that RPOA has accepted pay cuts three times since 2009 in attempts to keep police officers on the street. Mike Thomas, RPMA representative, read a prepared statement indicating that the RPMA membership was willing to stand with RPOA and offer the City a concession, even though none of its members were facing layoffs, for the sake of the police department and the community. Mr. Thomas detailed the effects of budget reduction measures already taken and the importance of pro-active policing to combat gang activity and unsupervised parolees. He noted the significant financial investment the City has made in the police personnel that now face layoff. Mr. Thomas concluded his comments by rebutting the Mayor's remarks regarding public negotiations and meeting the Council halfway, acknowledged the two perspectives, and reiterated that an opportunity was being presented for a token act of good faith to overcome a history of bad faith established by the Council majority's negative and disrespectful public treatment over the last several years regarding police salaries and retirement benefits. Kristine. Mitchell, Sandra Speer, Michael Adams, John Oertel, Bruce Bonner,. Jolene Mundell, Michael Allen, Tyler Lanham, Dave Law, and Charlie Daubs expressed their opinions and concerns. A lengthy discussion ensued in which the Council Members expressed their opinions and concerns. A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Stegall, to accept concessions as offered by the Redding Peace Officers Association and Redding Police Managers Association and presented at this meeting. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson and Stegall Council Members - Bosetti, McArthur, and Jones Council Members - None Council Members - None Motion failed due to lack of majority vote. Responding to Council Member Bosetti, City Attorney Duvernay advised that existing labor contracts have "zipper" clauses and unions cannot be forced to come to the negotiating table before the contract expires. A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member McArthur, accepting the recommendations for contract concessions offered by the Redding Peace Officers Association and the Redding Police Managers Association, except for the one-year extension(s) ofthe existing labor agreements. Mayor Jones called for the vote and confirmed that staff would present the counter-offer to the unions. 07/20/2010 143 The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, McArthur, and Jones Council Members - Dickerson and Stegall Council Members - None Council Members - None Mayor Jones called a five-minute recess. FIRST AMENDMENT TO MASTER SERVICES AGREEMENT - CH2M Hill for final design services for Clear Creek Wastewater Treatment Plant [W-010-450] Public Works Director Crane introduced the request to amend the Master Services Agreement (MSA) with CH2M Hill for final design services for Clear Creek Wastewater Treatment Plant (CCWWTP) and Detailed Services Authorization 8 (DSA), as applicable to the project. Mr. Crane mentioned that the CCWWTP rehabilitation and expansion is the City's largest on-going construction undertaking and began in 2005. He noted that CH2M Hill is the City's design consultant and construction contract administrator for the project. He introduced Dennis McBride, Wastewater Treatment Plant Manager, to give an overview of the CCWWTP. I Mr. McBride provided a PowerPoint presentation, incorporated herein by reference, and gave a thorough overview and detailed history of the $80 million infrastructure improvement work being done on the 35-year-old treatmel1t plant. He summarized the Report to City Council (staff report) dated July 8,2010, incorporated herein by reference, relating to a $2 million amendment to the MSA with CH2M Hill and explained the approach taken to increase local bidder participation and competition among bids by breaking the work into seven bid packages. Mr. McBride relayed that bid packages one through four had been completed by local contractors, six was in progress, and five and seven were currently in process. He reported that the final two DSAs (eight and ten) are related to bid packages five and seven and described the work covered in bid packages five, six, and seven. . Mr. McBride advised the Council on key challenges the Utility is facing as final phases of construction progress and its plans for completion of the project. I Mr. Crane explained that the $2 million increase to the MSA was primarily due to (1) changes in the scope of work needed on the aged facility that were discovered as the bid packages were completed; (2) on-going/evolving changes and increases to 2005 permit standards as required by the State Water Quality Control Board regarding filtration and release of blended wastewater into the Sacramento River; and (3) the decision to regionalize solid waste management for both the Clear Creek and Stillwater Treatment Plants dictating the need for a seven-mile sludge pipeline, additional anaerobic digester equipment, pond improvements, etc. He determined that capital ratio costs of approximately 15 percent are reasonable for a project ofthis size and recommended that the Council authorize the Mayor to execute an amendment to the MSA (C-4402) with CH2M Hill, approve DSA 8, and authorize the City Manager to approve work consistent with the agreement. Mr. Crane also responded to questions from Council Members. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, accepting staff s recommended Alternative 1, as detailed in the staff report dated July 8, 2010, to: authorize the Mayor to execute a $2 million amendment to the Master Services Agreement (MSA) with CH2M Hill for final design services for the Clear Creek Wastewater Treatment Plant Rehabilitation and Expansion project; approve Detailed Services Authorization (DSA) 8; and authorize the City Manager to continue to approve work under the MSA that is consistent with the Agreement. The Vote: Unanimous Ayes I ORDINANCE - Amending Redding Municipal Code Section 11.12.010 - Speed Limits [T -080- 7 50/C-11 0-1 00] Public Works Director Crane summarized the Report to City Council (staff report) dated July 6, 2010, incorporated herein by reference, relating to speed limit studies and the establishment of speed zones on various streets. Mr. Crane explained the City's process of conducting speed studies to update Engineering and Traffic Surveys (ET &S) every seven years as required by California Vehicle Code (CVC) and the 85th percentile speed formula that is used to determine speed limits on City streets. He relayed that the California Department of Transportation (Caltrans) had recently modified the California Manual on 07/20/2010 I I I 144 Uniform Traffic Control Devices (CaMUTCD) to clarify the procedure for downward speed zoning and the resulting changes to 30 speed zones, along with the addition of two new 50- MPH zones, needed to maintain compliance with state law. He advised that approximately 60 speed zones exist throughout the city and relayed staff's desire to divide applicable speed surveys into four volumes due to the necessary workload and administration. Mr. Crane recommended that the Council accept the engineering and traffic surveys for certain city streets as detailed in the staff report and offer an ordinance amending Redding Municipal Code Section 11.12.010 - Speed Limits for first reading by title only. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member McArthur, accepting the engineering and traffic surveys and introducing Ordinance No. 2465 for first reading by title only, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 11.12.010 - Speed Limits, to establish four volumes of speed studies for speed limits on certain city streets; waiving the full reading of the Ordinance; and instructing the City Attorney to read the full title. The Vote: Unanimous Ayes City Attorney Duvernay read the full title of the uncodified ordinance. NORTHERN SACRAMENTO V ALLEY INTEGRA TED WATER RESOURCE MGMT Submit application for participation on the Governing Board of the planning group and authorize the Mayor to designate a City Council Member to fill the position [W-030] Public Works Director Crane gave a brief description of the Northern Sacramento Valley Integrated Water Resource Management (NSVIWRM) group that is comprised of representatives from six counties and.has been operating under an informal Memorandum of Understanding on a collaborative effort to establish a voice in the water community to protect water rights in northern California and coordinate resources to maximize regional benefits. Mr. Crane summarized the Report to City Council (staff report) dated July 12, 2010, incorporated herein by n~ference, and recommended that the Council submit an application to participate on.. the Governing Board of the NSVIWRM by the d~adline of August 6, 2010. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, authorizing submission of an application for the Mayor or his designee to participate on the Governing Board of Nort4~rn Sacramento Valley Integrated Water Resource Management to represent the City. The Vote: Unanimous Ayes CLOSED SESSION At the hour of 9:33 p.m., Mayor Jones announced that Council would adjourn to Closed Session. At the hour of 10:07 p.m., Mayor Jones reconvened the Regular meeting to Open Session and reported on: Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at 375 Tourmaline Way and 3146 Bedrock Lane Assessor Parcel Number 112-050-055 and 115-200-010 Agency Negotiator: Assistant City Manager Tippin Negotiating parties: City of Redding and Nouvant Homes, Inc. Under negotiation: Price and Terms under Partner Up! Program [C-070-200] The City Council did not take any reportable action on this item. Closed session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin and Bill A very Employee Organization: RPOA-Miscellaneous and IBEW-Maintenance [P-l 00-050-1201P-l 00-050-070] The City Council did not take any reportable action on this item. 07/20/2010 145 Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at the east side of Quartz Hill Road, north of Snow Lane (APN: 112-010- 019); and both sides of Quartz Hill Road; north of Snow Lane (APN: 112-010-037 & 038) City Negotiators: Assistant City Attorney Frediani, Associate Civil Engineer Watkins, and Bob Martin of Martin Appraisal & Acquisition Company Negotiating parties: City, Don & Shirley Burns, and Claudia Anne Stevens, Trustee Under negotiation: Price and Terms [C-070-010] . The City Council did not take any reportable action on this item. Closed session pursuant to California Government Code Section 54956.9(b)(3)(C)(E): CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION The City Council will discuss with its attorney an unfair labor practice charge filed with the Public Employees Relations Board by IBEW Local 1245. The unfair labor practice charge is available for public inspection in the Office ofthe City Clerk pursuant to Section 54957.5. [L-100] The City Council unanimously authorized the City Attorney to disclose limited confidential material supporting the closed session labor negotiations, as deemed necessary and appropriate by the the City Attorney to defend the City from the unfair labor practice charge filed by IBEW-Electric Local 1245 with the Public Employment Relations Board. I ADJOURNMENT There being no further business, Mayor Jones declared the meeting adjourned at the hour of . 10:08 p.m. ATTEST: I ~iITVP,^ ~ City Clerk ' I 07/20/2010