HomeMy WebLinkAboutMinutes - City Council - 2010-08-17I
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
August 17,2010 6:00 p.m.
The Pledge of Allegiance to the Flag was led by Christine Sullivan.
The Invocation was offered by Lynn Fritz, Karuk Tribal Descendent.
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, Kreitman, Niemer, and Strong.
PUBLIC COMMENT
[T -100-050]
J arret Yount submitted information regarding the Amgen Tour of California, a world-class
cycling road race event, and relayed that the City of Chico had submitted a bid to secure a
stage one finish-line host city award and suggested that the City of Redding submit a Request
for Proposal to be the stage one starting-point host city for the 2011 bicycle race.
[M-020]
Doug Bennett, American Civil Liberties Union, endorsed Proposition 19 and supported a
"sin tax" on marijuana sales.
[S-070-100-170]
Don Kirk asked for clarification on a project on Eastside Road and South Bonnyview Road.
PRESENTATIONS
Presentation by Leslie Morgan, Shasta County Assessor, regarding the Shasta County 201 O-
Il Annual Assessments Report
[S-010]
Ms. Morgan gave an informational presentation regarding the Shasta County Assessor'-
Recorder's 2010-11 Annual Report, incorporated herein by reference, which contains a
detailed analysis of all taxable property values in Shasta County as of January 1, 2010.
Mayor's Proclamation declaring August 2010, as Honor Flight Northern California Month
[A-050-060-600]
Mayor Jones presented a Mayoral Proclamation certificate to Tom Johnson, CFO for Honor
Flight-NC, declaring August 201 0 "Honor Flight Northern California" month. Mr. Johnson
and Rob Burroughs relayed information regarding the program that was established to honor
WWII veterans by providing free-of-charge trips to visit the National W orId War II Memorial
in Washington, D.C.
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CONSENT CALENDAR
The following matters were considered inclusively under the Consent CaJendar:
Approval of Minutes - Regular Meeting of June 15,2010
Approval of Payroll and Accounts Payable Registers
[A-050-100-500]
It is the recommendation of the Finance Director that the City Council approve Accounts
Payable Register No. 3,for check numbers 885821 through 886238, inclusive, ACH Transfer
numbers 706Tthrough 7106, inclusive, and Wire Transfer numbers 2594 through 2663,
inclusive, for a total of$8, 169,639.01, for the period of August 2,2010, through August 13,
2010;, and Payroll Register No.3, for electronic deposit transaction numbers 284920 through
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285833, inclusive, and check numbers 547219 through 547293, inclusive, in the amount of
$2,567,757.42, for the period July 25,2010, through August 7, 2010.
TOTAL: $10,737,396.43
Utility Easement Deeds - AT&T at Redding Municipal Airport
[A-Ol 0-040/ A-090-1 00/C-070-200]
It is the recommendation of the Support Services Director that the City Council grant two
utility easements to Pacific Bell Telephone Company, d.b.a. AT&T California, for the
Automatic Dependent Surveillance-Broadcast system being constructed by ITT Corporation
at the Redding Municipal Airport.
Authorization of Service Agreement - Mead & Hunt - for Design Services on the Runway
Safety Area Improvements Project at Benton Airpark
[A-090-020]
It is the recommendation of the Support Services Director that the City Council approve
Authorization of Service No.1 0-02 with Mead & Hunt, Inc., for engineering design services
for Phase II of the Benton Airpark Runway Safety Area Improvements project, in an amount
not-to-exceed $325,000.
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Authorization of Purchase - Commercial Front-load Refuse Trucks per Bid Schedule No.
4289
[B-050-1 00/S-020-1 00]
It is the recommendation of the Support Services Director that the City Council authorize the
purchase of two additional 3 8-yard commercial front-load refuse trucks per Bid Schedule No.
4289, from Western Parts & Equipment Company for the amount of $489,138.48.
Request For Proposal - No. 4345 for Recyclable Material Sorting Services to County of
Shasta/Opportunity Center
[B-050-100/S-020-550]
, It is the recommendation of the Support Services Director that the City Council award
Request For Proposal (RFP) No. 4345 for Recyclable Material Sorting Services to the
County of Shasta through the Health and Human Services Agency, Social Services Branch,
Opportunity Center, for a monthly cost of $25,799, to begin September 1, 2010, through
August 31,2011, with four consecutive one-year renewal options through August 31,2015.
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Award of Bid - Schedule No. 4347, two new 17,950 pound GVW Trucks with 37-foot
Articulating/Telescoping Aerial Lift Platforms
[B-050-100]
It is the recommendation of the Electric Utility Director that the City Council award Bid
Schedule No. 4347 to Crown Motors for furnishing two 17,950 Ib.GVW trucks with Versa
Lift 37' SST-37 articulating/telescoping aerial lift platforms.
Resolutions - Approving the Master Lease-Purchase Agreement with Oshkosh Capital and
approving and adopting the 23rd Amendment to City Budget Resolution No. 2009-61
appropriating funds for the purchase of a 2010 Pierce Arrow XT 1500 GPM Pumper Engine
[B-050-100/P-150-070]
It is the recommendation ofthe Fire Chief that the City Council adopt Resolution No. 2010-
148 approving a five-year Master Lease-Purchase Agreement with Oshkosh Capital in an
amount not-to-exceed $270,000 for the purchase of one 2010 Pierce Arrow XT 1500 GPM
Pumper from Pierce Manufacturing for a pricenot-to-exceed $508,763, and adopt Resolution
No. 2010-149 approving and adopting the 23rd amendment to City Budget Resolution No.
2009-61 appropriating $518,770 for above-noted fire engine, plus $10,000 to allow for the
purchase of both loose equipment and communication equipment, for fiscal year 2009-10.
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Award of Bid - Schedule No. 4315 - Palisades Pressure Reducing/Sustaining Valve
Relocation Project
[B-050-020/W -030-425]
It is the recommendation of the Public Works Director that the City Council reject the
apparent low bid from John C. Franklin Construction Inc., for failure to meet responsible
bidder standard, and award Bid Schedule No. 4315 (Job No. 2350), Palisades Pressure
Reducing/Sustaining Valve Relocation Project to Whitehawk Construction in the amount of
$114,820; that an additional $25,000 be approved for administration and inspection fees and
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to obtain outside services for materials testing; and that $15,000 be approved to provide
construction contingency funding, for a total of $154,820.
Resolution - Accepting two Street Dedications within Schade Acres Subdivision (S-01-05)
[S-1 01-086/S-070-230]
It is the recommendation of the Public Works Director that the City Council adopt
Resolution No. 2010-150 accepting for public use the offer of street dedications of Crown
View Lane and a portion of Herbscenta Lane within Schade Acres Subdivision (S-01-05).
Award of Bid - Schedule No. 4316 - Buenaventura Boulevard Widening Project
[B-050-020/S-070-100-065]
It is the recommendation of the Public Works Director that the City Council award Bid
Schedule No. 4316 (Job No. 2329), Buenaventura Boulevard Widening Project, to Tullis,
Inc., in the amount of $634,524.72; that an additional $130,319 be approved for
administration and surveying during construction; and that $152,852 be approved to provide
construction contingency funding, for a total of$917,695.72.
Notice of Completion - Bid Schedule No. 4233 - Airfield Pavement Preservation at Redding
Municipal Airport Project
[B-050-020/ A-090-1 00]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract (Job No. 9398) performed by Valley Slurry Seal Company as
satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the
Shasta County Recorder. Final cost was $756,917.90.
Accept Final Map and Authorize Subdivision Agreement - Dana Pointe Subdivision (a.k.a.
LaQuercias Subdivision) (S-25-05)
[S-101-109]
It is the recommendation of the Public Works Director that the City Council: (1) authorize
entering into a subdivision agreement with Ron Giddings; (2) authorize the Mayor to sign
the subdivision agreement; (3) approve the final map for the Dana Pointe Subdivision (S-25-
05), located north of Dana Drive and west of Victor Avenue, by minute order; and (4)
instruct the City Clerk to file the map with the Shasta County Recorder.
Notice of Completion - Bid Schedule No. 4256 - Sidewalk Repair 2009 Project
[B-050-020/S-070-285] ,
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract (Job Nos. 2297 and 9023) performed by John C. Franklin
Construction as satisfactorily complete and authorize the City Clerk to file a Notice of
Completion with the Shasta County Recorder. Final cost was $227,438.70.
Award of Bid - Schedule No. 4350, Federal Aid Project No. ESPL 5068(029), 2010 Overlay
~~ '
[B-050-020/F -200]
It is the recommendation of the Public Works Director that the City Council award Bid
Schedule No. 4350 (Job No. 2356) to J.F. Shea Construction, Inc" for the Federal Aid
Project No. ESPL 5068(029), 2010 overlay and associated work on portions of Hilltop Drive
from State Route 44 to State Route 299 and Cypress Avenue from Hartnell Avenue to
Hilltop Drive, in the amount of $846,227.75; that an additional $85,000 be approved for
administration and inspection fees; and that $100,000 be approved to provide construction
contingency funding, for a total of $1 ,031 ,227.75.
Letter - Shasta County Grand Jury regarding the City's Wastewater Treatment Program
. [B-080-600-800/W -01 0-560/W -010-450]
. It is the recommendation of the Public Works Director that the City Council authorize the
Mayor to sign 'a letter responding to the Shasta County Grand Jury's recommendations
regarding a section of the 2009-10 Grand Jury Report titled City of Redding Wastewater
Treatment - The Choice is Clear.
Award Request for Proposals - No. 4324 for Managed Care Services
[R-I00-950]
It is the recommendation of the Personnel Department/Risk Management Division that the
City Council award Request for Proposal (RFP) No. 4324 to CorVel Heathcare Corporation,
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for workers' compensation claims bill reviewlbill payment services for the period September
1,2010, through July 15, 2013, in the estimated amount of between $150,000 to $200,000
annually; and to authorize staff to finalize, and Mayor to execute, a services contract for
same.
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 above. The Vote:
AYES: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
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Resolution Nos. 2010-148 through 2010-150 are on file in the Office of the City Clerk.
ANNUAL ST ATE OF THE CITY LUNCHEON - Discussion regarding changing the Date
[P-145-800]
City Manager Starman relayed that Council Member Bosetti had reconsidered his position
on this topic and now supported moving the event from January 2011 to September 2011.
A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Bosetti, changing the date of the annual State of the City Luncheon from January 2011 to
September 26, 2011.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, McArthur, and Jones
Council Members - Dickerson and Stegall
Council Members - None
Council Members - None
MONTHLY FINANCIAL REPORT - Electric Utility - June 2010
[B-130-070]
Electric Utility Director Hauser summarized the Report to City Council (staff report) dated
August 4,2010, which states that billed retail revenue was $1,885,385 (2.0%) below the
projection for the twelve-month period ending June 2010. Wholesale power sales for the
period were $30,900,010 (136.0%) above projections. Operating revenue after energy costs
was $3,673,342 (10.8%) below expectations. The cost of energy was $33,651,254 above
plan. Total operating expenses through June were $4,344,366 (15.2%) below budget. The
Utility's net operating results of$6, 1 07,527 for the full fiscal year were $671 ,024 better than
budget projections. Debt service payments to-date total $10,130,671. Capital expenditures
. through June were $2,702,810 forrevenue- funded projects and $21,542,857 for bond-funded
projects. The Electric Utility unrestricted cash balance at the end of June 2010 was $25.8
million.
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Mr. Hauser reviewed the Industry Activities Update attached to the staff report, answered
Council Members' questions, and recommended that the City Council accept the Electric
Utility Monthly Financial Report for June 2010.
A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member
Stegall, accepting the Monthly Financial Report for the Electric Utility for June 2010.
The Vote: Unanimous Ayes
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ORDINANCE - Amending Redding Municipal Code Title 6 - Business Taxes, Licenses and
Regulations, Chapter 6.12 - Medical Marijuana Cooperatives and Collectives
[M-020/L-070-1 OOIC-ll 0-1 00]
Police Chief Hansen summarized the Report to City Council (staff report) dated August 5,
2010, incorporated herein by reference, relating to permitting and regulating medical
marijuana cooperatives and collectives. He outlined three major changes to Title 6 of the
Redding Municipal 'Code regarding marijuana plant clones for sale, medical marijuana
nursery regulations, and supply and demand accounting practices for collectives, along with
some minor changes and clarifications, all of which are detailed in the staff report. Chief
Hansen relayed several requests that had been received from members of the medical
marijuana community, but not incorporated into the proposed revisions, including Redding
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Police Department's position on allowing: cell phones in collectives; sale of paraphernalia
at collectives; membership at multiple co-ops; non-member employees; and patients'
children in the collective(s).
City Attorney Duvernay advised that he had completed additional research ort requiring
patients to have doctorrecommendations with specific quantities of dried medical marijuana,
including correspondence from an American Civil Liberty Union attorney. He relayed that,
as noted in the staff report, California Medical Association General Counsel recommends
that physicians have conversations with patients to determine quantities of anticipated use
of medical marijuana appropriate for reduction of symptoms, as defined by the patient, and
does not encourage physicians to provide specific recommendations of daily use levels.
Based on best available data, the proposed ordinance amends the code to allow doctor's
recommendations for collective members to reflect either 1) the doctor's approval of a
specific maximum amount to treat the medical condition or 2) the patient's self-dosage
maximum requirement as expressed to the doctor. Mr. Duvernay endorsed these options as
a reasonable means to achieve accountability in matching supply with demand and curb
potential abuse.
Chief Hansen answered Council Members' questions and recommended that the Council:
1) make findings that the proposed action is not a project as defined by CEQA; 2) introduce
an ordinance for first reading by title only and authorize the City Clerk to publish a summary
ordinance; and 3) direct staff to process an amendment to Redding Municipal Code Title 18 -
Zoning, to consider "Medical Marijuana Nursery" as a permissible use within only the
"General" and "Heavy Industrial" zoning districts.
Don Kirk, James Benno, Doug Bennett, Natalie Fuellenbach, Joel Ankerich, Rob McDonald,
and Frank Augusta expressed opinions on cannabis as a gateway drug, cultivation issues,
availability of delivery devices/equipment, background checks for collective employees, cell
phone use restriction, allowing children in collectives, and the evolution ofthe ordinance.
Council Member Stegall supported staffs recommendation and expressed interest in
allowing cell phones and sale of delivery tools at collectives, requested a six-month review
of membership at multiple collectives, and opposed allowing children at collective sites.
A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Stegall, (1) making the finding that the proposed action is not subject to the provisions of the
California Environmental Quality Act; (2) introducing Ordinance No. 2466, an ordinance of
the City Council of the City of Redding amending Redding Municipal Code Title 6 -
Business Taxes, Licenses and Regulations, Chapter 6.12 - Medical Marijuana Cooperatives
and Collectives to designate "Medical Marijuana Nursery" as a permissible use within only
the General and Heavy Industrial zoning districts for first reading by title only, waiving the
full.reading of the Ordinance, and instructing the City Attorney to read the full title; (3)
authorizing the City Clerk to publish a summary ordinance; (4) directing staff to process an
amendment to Redding Municipal Code Title 18 - Zoning, to consider "Medical Marijuana
Nursery" as a permissible use within only the General and Heavy Industrial zoning districts;
and (5) directing staff to review the process and return to Council with possible
recommendations in six-to-twelve months.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Dickerson, McArthur, and Stegall
Council Members - Jones
Council Members - None
Council Members - None
City Attorney Duvernay read the full title of the ordinance.
MID-YEAR BUDGET REVIEW REPORT; and
RESOLUTION - Adopting the 24th Amendment to Budget Resolution No. 2009-61
appropriating additional funds to reflect Mid-Biennial Budget Adjustments
[B-130-070]
City Manager Starman introduced the Mid-Biennial Budget Report and addressed staffs
recommendation to allow the General Fund reserve to temporarily fall below five percent,
to 4.2 percent, in light of three pending union negotiations, changing economic conditions,
and the imminent initiation of the City's two-year comprehensive budget review cycle. Mr.
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Starman advised that if negotiations with labor unions did not yield sufficient financial
concessions, necessary adjustments amounting to approximately $500,000 would be
incorporated into the fiscal year 2012-13 budget proposal.
Finance Director Strong summarized the Report to City Council (staff report) dated August
6,2010, incorporated herein by reference, relating to the Mid-Biennial Budget Report and
a budget resolution appropriating $6,000 in fiscal year 2009-10 and $471,720 in fiscal year
2010-11 to reflect necessary budget adjustments. Mr. Strong recommended that the Council
adopt a budget resolution and approve reducing the General Fund reserve in the 10- Year Plan
to 4.2 percent as detailed in the budget review report attached to the staff report.
City Manager Starman responded to Council Members' questions and provided additional
information regarding the City's five percent reserve policy.
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Council Member Dickerson stated support for the staff recommendation to temporarily
reduce the General Fund reserve to allow other factors to change before laying off more
public safety personnel.
A MOTION WAS MADE by Council Member Dic~erson, seconded by Council Member
Stegall, accepting staffs recommendation as detailed in the staff report dated August 6,
2010. The Vote:
AYES: Council Members - Dickerson and Stegall
NOES: Council Members - Bosetti, McArthur, and Jones
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Motion failed for lack of majority vote.
Council Member McArthur opposed reducing the General Fund reserve and asked if that
decision could be delayed until early 2011. Mr. Starman answered in the affirmative.
Responding to Council Member Bosetti, Mr. Starman reiterated that redu~tions and/or
adjustments amounting to approximately $500,000 would have to be made to the FYE 2011
budget, which roughly translated to a one percent reduction from all General Fund
departments. Mr. Starman noted that approximately 60 percent of the reduction total, or
$300,000, would be comprised of public safety cuts.
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Council Member Bosetti stated interest in waiting until early 2011 to make cuts and opposed
reducing the General Fund reserve below five percent now.
Responding to Mayor Jones, Mr. Starman recalled that, in addition to other Council-
implemented budget cuts, approximately $5 million in departmental reductions and one-time
adjustments were made in February 2010.
Mayor Jones stated opposition to reducing the General Fund reserve and acknowledged that
labor negotiations could yield sufficient financial impacts that would supersede additional
budget cuts.
A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Bosetti, adopting Resolution No. 2010-151, a resolution of the City Council of the City of
Re<Jding adopting the 24th Amendment to Budget Resolution No. 2009-61 appropriating
funds to reflect mid-biennial budget adjustments.
The Vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
Council Members - Bosetti, McArthur, and Jones
Council Members - Dickerson and Stegall
Council Members - None
Council Members - None
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Resolution No. 2010-:-151 is on file in the Office of the City Clerk.
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A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Bosetti, directing staff to develop a plan to end fiscal year 2010-11 with a projected five
percent budget reserve and to plan for budget cuts or adjustments, if necessary, to be made
in or about January 2011.
The Vote:
AYES:.
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, McArthur, and Jones
Council Members - Dickerson and Stegall
Council Members - None
Council Members - None
CLOSED SESSION
At the hour of 8:11 p.m., Mayor Jones announced that Council would adjourn to Closed
Session.
At the hour of8:30 p.m., Mayor Jones reconvened the Regular Meeting to Open Session and
reported that in reference to the:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property located at 375 Tourmaline Way and 3146 Bedrock Lane
Assessor Parcel Numbers 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 Council authorized the City Manager, by unanimous vote, to make a counter offer to
Nouvant Homes 'to purchase City owned property at 375 Tourmaline Way and 3146 Bedrock
Lane. The price and terms of the sale, along with the executed contracts of sale, will be
available in the Office of the City Clerk if the offer is accepted and a sales contract is
executed for either or both properties.
ADJOURNMENT
There being no further business, Mayor Jones declared the meeting adjourned at the hour of
8:31 p.m.
ATTEST:
r+fJ.~~~~;
City Clerk .
08/17/2010