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HomeMy WebLinkAboutMinutes - City Council - 2010-09-07 161 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California September 7, 2010 6:00 p.m. The Pledge of Allegiance to the Flag was led by Judge Stephen Baker. I The Invocation was offered by Police Chaplain Debbie Ivey. 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, Development Services Director Hamilton, and Executive Assistants Grimm and Stockwell. The City Manager introduced Department Directors that were in attendance: Detwiler, Hansen, Hauser, Kersten, Kreitman, Niemer, and Strong. . PUBLIC COMMENT [P-100-320] Charlie Burch and Art Gubser made comments regarding city employee wages and benefits and Redding Police Department officers. [R-200] Greg Hector opposed jet skis on the Sacramento River. ------------------- I PRESENTATIONS Presentation by Captain Jerry Flavin, California Highway Patrol [S-050-070] Captain Flavin introduced himself and gave an overview of the areas of service, functions performed, and citizen programs offered by the California Highway Patrol office on Cascade Boulevard. Presentation by Chief Executive Officer Bob Nash, Superior California Economic Development District [B-080-500/E-050] Mr. Nash provided a copy of the 2010 Annual Report and gave a historical summary and current update on business assistance and economic development services that SCEDD provides throughout four counties in Northern California. ------------------- CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of July 20,2010, and Special Meeting of August 3, '2010 I 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.4, for check numbers 886239 through 886647, inclusive, ACH Transfer numbers 7107 through 7162, inclusive, and Wire Transfer numbers 2664 through 2838, inclusive, for a total of $18,712,007.78, for the period of August 17,2010, through August 31, 2010; and Payroll Register No.4, for electronic deposit transaction numbers 285887 through 286774, inclusive, and check numbers 547306 through 547423, inclusive, in the amount of$2,654,839.22, for the period August 8,' 2010, through August 21,2010. TOTAL: $21,366,847.00 09/07/2010 162 Treasurer's Report - July 2010 [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 July 2010. Total Treasurer's Accountability $134,659,265.44 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $219,923,026.57 ACR133 Report and Cash Reconciliation - July 2010 . [F-205-095-650] It is the recommendation ofthe Finance Director that the City Council accept the ACR133 Report and the Proof of Cash Reconciliation for July 2010. I Ordinance -Amending Redding Municipal Code Title 6 - Business Taxes, Licenses and Regulations, Chapter 6.12 - Medical Marijuana Cooperatives and Collectives [M-020/C-110-100] It is the recommendation of the Police Chief and City Attorney that the City Council adopt 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 relating to permitting and regulating medical marijuana cooperatives and collectives. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, and Stegall Council Members - Jones Council Members - None Council Members - None Project Status Report - August 2010 [A-050-080] It is the recommendation ofthe City Manager that the City Council accept the Project Status Report for the month of August 2010. Purchase and Sale Agreement - Faith WORKS Community Coalition, Inc., for Surplus Property located at 281 0 West Street [C-070-200] It is the recommendation of the Assistant City Manager that the City Council approve the sale of City-owned property located at 2810 West Street (APNs 104-450-001;-022) to Faith WORKS Community Coalition, Inc., for the appraised fair-market value of$18,500 for the development of transitional housing for homeless families with children. I Grant Application to the Federal Aviation Administration; and Resolution - Budget Appropriation [G-1 00-070-095/B-130-070/ A-090-1 00] It is the recommendation of the Support Services Director that the City Council authorize the filing of a grant application to the Federal Aviation Administration for capital improvement projects at Redding Municipal Airport and authorize the City Manager, or his designee, to execute the grant application and all subsequent documentation necessary to obtain grant funds, and adopt Resolution No. 2010-152, a resolution of the City Council of the City of Redding, approving and adopting the 25th Amendment to City Budget Resolution 2009-61 appropriating $647,000 to the Airports Fund for five grant funded capital improvement projects at the municipal airport for fiscal year 2010-11. A ward of Bid - Schedule No. 4355, Site Paving Improvements for Redding Power Plant Generating Unit No.6 [B-050-020/E-120-150-676] It is the recommendation of the Electric Utility Director that the City Council award Bid Schedule No. 4355, Site Paving Improvements for Redding Power Plant Generating Unit No. 6 to Eagle Paving and Grading, to complete the site paving improvements, in the amount of $137,777; authorize the Mayor to sign a standard City of Redding Public Works Agreement; and authorize the City Manager, or his designee, to approve project construction change orders, if needed, up to a not-to-exceed total of $27,500. I 09/07/2010 163 Monthly Financial Report - General Fund - July 2010 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the monthly General Fund Financial Report for July 2010. Total revenue to date is $3.4 million or $91,859 (2.7%) below staffs cash flow projection. Expenditures at month end, excluding encumbrances, total $5,301,361 or $1,246,103 (30.7%) above staffs projection. Encumbrances at month-end total $2,198,474. I Grant Applications - Caltrans for Federal Highway Bridge Program funding to rehabilitate or replace various bridges [G-I00-070/S-070-050] It is the recommendation of the Public Works Director that the City Council authorize submission of grant applications to Caltrans for federal funding from the Highway Bridge Program for the rehabilitation or replacement of nine bridges throughout the City of Redding. 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: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2466 and Resolution No. 2010-148 are on file in the Office ofthe City Clerk. I PUBLIC HEARING - To consider several planning applications, including Tentative Subdivision Map Application S-3-09 and Seven Bridges Subdivision/Planned Development Application PD-I-09; and ORDINANCE - Rezoning Application RZ-2-09 and the Mitigated Negative Declaration [S-1 01-1411L-Ol 0-211-045/L-Ol 0-230] Development Services Director Hamilton gave a PowerPoint presentation and summarized the Report to City Council (staff report) dated August 25,2010, both incorporated herein by reference, relating to' the proposed Seven Bridges Subdivision application by MD Development, requesting approval to develop 127 single-family residential lots/homes on 38.3 acres located on the north and south sides of Oasis Road, one mile east of 1-5. Mr. Hamilton noted the unique design ofthe development that incorporates single-loaded streets, walking paths connecting homes and neighborhood enclaves (courtyards), and green home design, and the Planning Commission's unanimous recommendation. He recommended that the Council adopt the project Mitigated. Negative' Declaration, approve the subdivision/planned development plan (S-3-09 and PD-I-09), and offer an ordinance approving Rezoning Application RZ-2-09 for first reading by title only. At the hour of6:50 p.m., Mayor Jones opened the public hearing to consider several planning applications related to the proposed Seven Bridges Subdivision/Planned Development project, by MD Development. The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing I No protests were received. Gary Cadd and Kay Backstrone expressed concerns about traffic safety at the intersection of Oasis Road and Gold Hills Drive. Mayor Jones determined that no other individual wished to address this matter and closed the public hearing. Responding to Council Member Stegall, Mr. Hamilton advised that a traffic analysis had been completed, which determined that the level of service standards are within an acceptable range for the intersection; that only one accident had occurred in five years; and 09/07/2010 164i that 'a traffic signal was included in long-term planning for Oasis Road, to be installed when sufficient funding was collected from additional development in the area. Responding to Mayor Jones, Mr. Hamilton relayed that the existing Oasis Road Interchange will support the proposed subdivision and another 650-700 homes and commercial development in the Oasis Road area. He clarified that each development contributes to a traffic signal at the Gold Hills intersection and that the time frame is tied to development of an additional 1,800 homes and shopping center. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, adopting the project Mitigated Negative Declaration; approving the Seven Bridges Subdivision and Planned Development Plan Application PD-1-09 and Tentative Subdivision Map Application S-3-09; approving Rezoning Application RZ-2-09; and introducing Ordinance No. 2467 for first reading by title only, an ordinance of the City Council of the City of Redding amending the Zoning Map of the Redding Municipal Code, waiving the full reading of the Ordinance, and instructing the City Attorney to read the full title. The Vote: Unanimous Ayes I City Attorney Duvernay read the full title of the ordinance. MEMORANDUM OF UNDERSTANDING - with Caltrans and the Department ofFish and Game for the establishment of a riparian mitigation site [S-070-050-050/S-050-100/S-050-230] Public Works Director Crane provided a PowerPoint presentation and summarized the Report to City Council (staff report) dated August 23,2010, both incorporated herein by reference, relating to a MOU with Caltrans and the Department of Fish and Game for the establishment of a riparian mitigation site on City-owned land for the Cypress A venue Bridge replacement and potentially other future City projects and a conservation easement protecting the site in perpetuity. Mr. Crane recommended that the Council authorize the Mayor to sign an MOU and approve an easement to Western Shasta Resource Conservation District for ~ long-term management of the Cypress Bridge Replacement project site. I A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, approving staffs recommendation as detailed in the staff report dated August 23, 2010, authorizing the Mayor to sign a Memorandum ofU nderstanding with Caltrans and the Department of Fish and Game for the establishment of a riparian mitigation site on City- owned land for the Cypress A venue Bridge Replacement Project and potentially other future City projects and establishing a conservation easement protecting the site in perpetuity. The Vote: Unanimous Ayes' REDDING REDEVELOPMENT AGENCY [R-030] At the hour of7:15 p.m., Mayor Jones announced that Council would adjourn to a Special Meeting of the Redding Redevelopment Agency. At the hour of7:4 7 p.m., Mayor Jones reconvened the Regular City Council Meeting to Open Session. CLOSED SESSION Gary Cadd encouraged upper management to pay the "employee-contribution" for CalPERS retirement. At the hour of 7:48 p.m., Mayor Jones announced that Council would adjourn to Closed Session. I At the hour of 11 :00 p.m., Mayor Jones reconvened the Regular Meeting to Open Session and reported that in reference to: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Jamie Nichole "Nicki" Crowley and Christopher Bates v. City of Redding, et aI., Shasta County Superior Court Case No. 163678 [L-lOO] The Council, by unanimous vote, authorized the City Attorney to approve the City's participation in a global settlement of a personal injury lawsuit brought after a motorcycle 09/07/2010 165 accident by Christopher Bates (the driver) and Jamie Crowley (the passenger). The accident occurred on September 29, 2007, at the partially completed, signalized intersection of Shasta View Drive and Airport Road. The City will pay plaintiff Jamie Crowley the sum of $50,000, with other involved parties paying $607,500 dollars toward the settlement. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION International Brotherhood of Electrical Workers (IBEW) Local 1245 v. City of Redding, Shasta County Superior Court Case No. 169985 [L-I00] No reportable action was taken. I CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION California Sportfishing Protection Alliance v. City of Redding, et al., United States District Court Eastern District of California Case No.2: 1 O-CV -01389- WBS-CMK (re West Central Landfill) [L-I00] No reportable action was taken. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION California Sportfishing Protection Alliance v. City of Redding, et al., United States District Court Eastern District of California Case No. 2:10-CV-01741-JAM-DAD (re Abernathy Transfer Station) .. [L-I00] No reportable action was taken. I CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Proposed Settlement between City of Redding; Allen L. Bender, Inc.; Performance Contracting, Inc.; Dryvit Corp.; and Nichols, Melburg and Rosetto, regarding Civic Center repairs [L-I00] The City Council has al}thorized the conveyance of a counter offer. The terms and conditions of the settlement shall be placed on file in the office of the City Clerk when and if accepted by the parties. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property located at: 777 Auditorium Drive, former Redding Convention and Visitors Bureau building; Assessor Parcel Number: 102-170-025 Agency Negotiator: City Manager Starman Negotiating parties: City of Redding and Greater Redding Chamber of Commerce Under negotiation: Price and Terms [C-070-100/C-070-200] No reportable action was taken. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: Local Union 1934 of International Association of Fire Fighters - AFL-CIO [P-I00-050-050] No reportable action was taken. I CONFEE.ENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organizations: Redding Peace Officers Association-Miscellaneous and Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees [P-l 00-050-120/^P-l 00-050-070] No reportable action was taken. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: All Unrepresented Employees [P-l 00-050-1 00] The City Council directed its negotiator to defer consideration of this topic until the results of Measure A are known after the election on November 2,2010. 09/07/2010 166 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Proposed sale of City-owned property located at: 5555 Venture Parkway, 5855 Venture Parkway, and 6155. Venture Parkway Assessor Parcel Numbers: 054-220-015, 054-220-019, and 054-260-004 Agency Negotiator: City Manager Starman Negotiating parties: City of Redding and Southwest Paper USA Under negotiation: Price and Terms [ C-070-200/^E-050-500] No reportable action was taken. ADJOURNMENT There being no further business, Mayor Jones declared the meeting adjourned at the hour of 11 :02 p.m. I ATTEST: ~~~\{~ 09/07/2010 I I