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HomeMy WebLinkAboutMinutes - City Council - 2010-10-05 I I I 170 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California October 5, 2010 6:00 p.m. The Pledge of Allegiance to the Flag was led by Randal Faulkner. The Invocation was offered by Police Chaplain Tom Nelson. 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, City Clerk Mize, and Executive Assistant Grimm. The City Manager introduced Department Directors that were in attendance: Detwiler, Hansen, Hauser, Kersten, Kreitman, Niemer, and Strong. PUBLIC COMMENT [P-100-050] Doug Bennet commented on the public safety support rally that had occurred earlier in the day, submitted a copy of the speech he made, and urged the Council to preserve city jobs for the overall economic benefits to the entire Redding area. [A-050-060] Chris Solberg, Redding Loaves and Fishes Director, addressed the Council on the topic of homelessness in Redding and World Homeless Day 10/10110. He suggested that a "safe ground" homeless campground be established to provide basic life-sustaining necessities such a~ clean water and bathrooms, citing a severe lack of sufficient services for local homeless people, of which he estimated that one-fourths are veterans. Mr. Solberg also suggested that a homeless shelter/work center might be established with available grant funding because many homeless are young men/women who could work if given a chance. He encouraged the Council to explore positive options and asked them to consider forming a task force to explore ways to provide services to people and solve issues relating to homelessness. [P-150] Christine Mitchell supported public safety and electric field employees and relayed comments made to her regarding community concern about understaffing these critical public service departments. [U-500] Greg Washburn proposed free:?:ing all basic utility fees until local unemployment rates are below seven percent and suggested a permanent freeze for seniors on fixed incomes. Mr. Washburn detailed a 34 percent increase in his monthly basic utility fees for electric, water, garbage, sewer and storm drain over the last six years, apart from increases to consumption rates. [P-100-320] Ray Thomas opined that Redding citizens enjoy excellent and affordable services that are provided by relatively underpaid workers and cited supporting data from salary surveys commissioned by the Chamber of Commerce and Redding Builder's Exchange. Mr. Thomas also recalled that International Brotherhood of Electric Workers - Maintenance employees had not received any pay increase for the last three years and only a one percent increase in the previous two years because they had voted to pay for their own PARS retirement benefit funding. [P-150] Michelle Garvin expressed appreciation for the city's public safety and electric workers and stated that ifher children ever needed emergency services, she would want well-compensated employees who felt confidence in their continued employment and livelihood to respond to 10/5/2010 171 their needs. Ms. Garvin read job requirements and wondered if existing compensation was enough. [P-150] Rob McDonald observed that a rally supporting public safety had a good turnout. He asserted that 54,000 public sector jobs across the nation were lost in August 2010. Mr. McDonald remarked that the Council should not panic and cut too much in the face of economic challenges because public officials have the ability to make decisions that aid or hinder economic recovery. [M-020] Tina Hitchcock and Patty Heinz relayed negative experiences related to medical marijuana collectives and patients in the Mission Square Plaza and parking lot. I RESOLUTION - Proclaiming October 2010, as Breast Cancer Awareness Month, and October 21, 2010, as Think Pink Day, in the City of Redding [ A-050-060-600] Mayor Jones presented a plaque of the resolution proclaiming October 2010 as Breast Cancer Awareness Month and October 21, 2010, as Think Pink Day to Melody Christensen ofNor-Cal Think Pink. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, adopting Resolution No. 2010-155, a resolution of the City Council of the City of Redding, proclaiming October 2010 as Breast Cancer Awareness Month, and October 21, 2010, as Think Pink Day, in the City of Redding. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones Council Members - None Council Members - None Council Members - None I PRESENT A TION - Citizen's Award certificates to Eric Podtetenieff, David Bachik, and Zebullyn Taylor by the Redding Police Department [P-150-150] Police Chief Hansen presented Citizen awards to Messrs. Podtetenieff, Bachik, and Taylor for unselfish acts assisting the community relating to their actions that lead to solving multiple cases of grand theft burglary and a dozen felony vandalism cases, and the arrest of a purse-snatcher at WinCo. RESOLUTION - Proclaiming the week of October 3-9,2010, as Public Power Week [ A-050-060-600/E-090] Redding Electric Utility (RED) Director Hauser provided information on the 24th year of honoring Public Power Week in Redding, recognizing the benefits of lower rates, local decision-making authority, and the higher reliability and safety that public power agencies provide to communities across the nation. Mr. Hauser noted that RED is celebrating its 89th year as a locally-owned and operated public utility. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, adopting Resolution No. 2010-156, a resolution of the City Council ofthe City of Redding, proclaiming the week of October 3-9,2010, as Public Power Week. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones Council Members - None Council Members - None Council Members - None I ------------------- CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meetings of August 17, 2010, September 7, 2010, and September 21, 2010 10/05/2010 I I I 172 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. 6, for check numbers 887128 through 887486, inclusive, ACHTransfer numbers 7195 through 7243, inclusive, and Wire Transfer numbers 2867 through 2892, inclusive, for a total of $15,833,471.89, for the period of September 20, 2010, through September 30,2010; and Payroll Register No.6, for electronic deposit transaction numbers 287708 through 288540, inclusive, and check numbers 547507 through 547608, inclusive, in the amount of$2,567,796.67, for the period September 5, 2010, through September 18, 2010. TOTAL: $18,401,268.56 Treasurer's Report - August 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 August 2010. Total Treasurer's Accountability $135,608,707.75 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $219,403,315.20 ACR133 Report and Cash Reconciliation - August 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 August 2010: Proiect Status Report - September 2010 [A-050-080] It is the recommendation of the City Manager that the City Council accept the Project Status Report for the month of September 2010. Second Amendment to Lease Agreements - with Hillside Aviation, Inc, for hangar, office and storage at Benton Airpark [C-070-l 001 A -090-020] It is the recommendation of the Support Services Director that the City Council approve the Second Amendment to the Lease Agreement (C-2216) and the Penrtit for Commercial Activities (C-2216) for hangar and office facilities and approve the Second Amendment to the Lease Agreement (C-2643) and the Permit for Commercial Activities (C-2644) for hangar storage area, both with Hillside Aviation, Inc., located at Benton Airpark. Monthly Financial Report - Redding Electric Utility - August 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 August 2010. Billed retail revenue through August was $48,064 (0.2 %) below projections for the two-month period and total wholesale sales were $7,427,909 (170.7%) above projections. Overall, operating revenue through August came in $7,350,525 (28.8%) above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $5,935,259 (38.4%) above budget projections through August. Total operating expenses through August were $ 88 9 ,810 (18.4%) below budget. The Utility's net operating results for the first two months of the fiscal year are positive and are $2,305,076 better than budget projections. Debt service payments to-date total $1,700. Capital expenditures through August were $324,799 for revenue-funded projects and $3,406,557 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 and is about to begin the testing phase. The electric utility unrestricted cash balance at the end of August was $29.1 million. Resolution - Appropriating Funds for the John Reginato River Access Improvements [B-130-070IG-100-170/P-050-650] It is the recommendation of the Community Services Director that the City Council adopt Resolution No. 2010-157, a resolution of the City Council ofthe City of Redding, approving and adopting the 26th Amendment to City Budget Resolution No. 2009-61, appropriating . $360,000 in grant funds from the California Wildlife Conservation Board for improvements at the John Reginato River Access for fiscal year 2010-11. 10/5/2010 . 173 Approve Contract - California Conservation Corps for trail work [P-050-460] It is the recommendation of the Community Services Director that the City Council authorize the City Manager to execute a contract with the Redding office. of the California Conservation Corps in the amount of$150,000 to complete non-paved trail work as detailed in the staff report dated September 23,2010. Authorize Purchase - Van for the Shasta Interagency Narcotics Task Force [B-050-100/P-150-150] It is the recommendation of the Chief of Police that the City Council authorize the purchase and equipping of a 15-passenger van at a cost not-to-exceed $36,984 for the Shasta Interagency Narcotics Task Force with funds provided by the Shasta County Sheriff s office through the Anti-Drug Abuse Recovery Act grant administered by the California Emergency Management Agency. I Authorize Purchase - Six new vehicles for the Redding Police Department [B-050-1 00/G-1 00-176/P-150-150] It is the recommendation of the Chief of Police that the City Council authorize the City Manager to purchase six (6) new vehicles at a cost of$162,841.43 from Crown Motors in Redding, noting that one of the vehicles would be partially funded by a $15,000 grant from the California Emergency Management Agency. Don Kirk referenced the Council's rej ection of a labor negotiation concession from the police department, opining that they should at least have cars, and urged Council to approve this agenda item. Monthly Financial Report - General Fund - August 2010 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the monthly General Fund Financial Report for August 2010. Total revenue to date is $7.1 million or $89,706 (1.3%) below staff's cash flow projection. Expenditures at month end, excluding encumbrances, total $10,648,696 or $449,032 (4.4%) above staff's projection. Encumbrances total $1,196,524. I Resolution - Summary Vacation (A -6-10) [A-010-040] It is the recommendation of the Public Works Director that the City Council adopt Resolution No. 2010-158, a resolution of the City Council of the City of Redding summarily vacating a portion of a 10-foot sewer easement on property located at 2770 Eureka Way. Award of Bid - Schedule No. 4353, Safe Routes to School, Phase 1 [B-050-020] It is the recommendation of the Public Works Director that the City Council reject the apparent low bid from Northwest Paving as non-responsive, and award Bid Schedule No. 4353 (Job No. 2328) to Sunrise Excavating for Phase 1 of the Safe Routes to School project, in the amount of$169,325.82; that an additional $19,777 be approved for administration and inspection fees; and that $24,733 be approved to provide construction contingency funding, for a total of$213,835.82. Award of Bid - Schedule No. 4358, Country Oaks Sewer ReplacementProject [B-050-020/W -020-575] It is the recommendation of the Public Works Director that the City Council award Bid Schedule No. 4358 (Job No. 2993) to N&T Digmore Inc., for the Country Oaks Sewer Replacement project, in the amount of$126,624; that an additional $30,000 be approved for administration and inspection fees; and that $20,000 be approved to provide construction contingency funding, for a total of $176,624. I Notice of Completion - Bid Schedule No. 4333 (Job Nos. 2361 and 2369), Parkview Neighborhood Alley Improvement Project [B-05 0-020/S-07 0-020] It is the recommendation of the Public Works Director that the City Council accept the subject construction contract performed by Fogel Enterprises as satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder. Final cost was $289,049.91. 10/05/2010 I I I 174 Approve Memorandum of Understanding - Caltrans for traffic monitoring [S-050-1 00/G-030-11 0] It is the recommendation of the Public Works Director that the City Council authorize the City Manager to sign a Memorandum of Understanding with the California Department of Transportation (Caltrans) agreeing to cooperatively monitor traffic demand within the Oasis Road Interchange area. Acknowledge Appointment - Michael Karns, City representative to the Shasta County Arts Council [B-080-465] It is the recommendation ofthe City Clerk that the City Council acknowledge the Mayor's appointment of Michael Karns as an ex-officio member of the Shasta County Arts Council. A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member McArthur, 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 Resolution Nos. 2010-157 and 2010-158 are on file in the Office of the City Clerk. ------------------- PUBLIC HEARING Public Hearing regarding Rezoning Application RZ-5-1 0, and ordinance amending Title 18 - Zoning, Chapter 18.34 - Industrial Districts, Section 18.34.020 - Land Use Regulations, Schedule 18.34.020-A - Use Regulations - "Industrial" Districts, and Chapter 18.60 - Use Classifications, Section 18.60.070 - Agriculture and Extractive Use Classifications, and adopting the Addendum to the Mitigated Negative Declaration related to medical marijuana nursenes [L-OlO-230/M-020] Development Services Director Hamilton summarized the Report to City Council (staff report) dated September 20, 2010, incorporated herein by reference, regarding the establishment of medical marijuana nurseries under collective/cooperative permits issued by the Police Chief in zoning districts "GI" (General Industry) and "HI" (Heavy Industry) only. He relayed that the Planning Commission had unanimously recommended the proposed ordinance and that no public comment had been received. Mr. Hamilton recommended that, the Council adopt the Addendum to the Zoning Ordinance Mitigated Negative Declaration and offer the ordinance for first reading by title only. At the hour of 6:48 p.m., Mayor Jones opened the public hearing to consider proposed amendments to the Zoning Code pertaining to the establishment of medical marijuana nursenes. The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing No protests were received. Margaret Despart opposed marijuana use and recounted personal negative experiences in her neighborhood. James Benno submitted verbal and written comments relative to medical marijuana patient's rights under California legislation SB 420 and Proposition 215 and a California Court of Appeal case in Butte County involving plaintiff David Williams. City Attorney Duvernay noted that it was the Mayor's prerogative to allow off-topic comments from the public regarding residential cultivation zoning and related issues, but pointed out that the agenda item pertained to medical marijuana nurseries in industrial districts. 10/5/2010 175 Nicholas Doughty relayed his difficulties in starting a collective nursery and stated his hope that, if successful, an approved nursery would help alleviate some issues at Mission Square Plaza. Mayor Jones determined that no other individual wished to address this matter and closed the public hearing. Responding to Council Member Stegall, Development Services Director Hamilton clarified that the proposed zoning ordinance would allow medical marijuana nurseries to cultivate fifty percent of its collective's annual needs in designated districts only and that distribution of medical marijuana from a nursery would not be allowed, but would be available from the dispensary/collective location. I A MOTION WAS MADE by Council Member Stegall, seconded by Council Member McArthur, adopting amendments to the "GI" (General Industry) and "HI" (Heavy Industry) districts by introducing Ordinance No. 2468, an ordinance of the City Council of the City of Redding adopting the Addendum to the Zoning Ordinance Mitigated'Negative Declaration and amending Title 18 - Zoning, Chapter 18.34 - Industrial Districts, Section 18.34.020 - Land Use Regulations, Schedule 18.34.020-A - Use Regulations - "Industrial" Districts, and Chapter 18.60 - Use Classifications, Section 18.60.070 - Agriculture and Extractive Use Classifications as detailed in Rezoning Application RZ-5-1 0 relative to medical marijuana nurseries, for first reading by title only and waiving the full reading. 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. FIRST AMENDMENTS TO AGREEMENTS - EnerGov Solutions, LLC, regarding Integrated Land Management System Agreements [R-006/B-130-070] Community Services Director Niemer summarized the Report to City Council (staff report) dated September 24, 2010, incorporated herein by reference, relating to recreation program registration software. Ms. Niemer recapped the background on the proposed and long overdue improvements to the City's entire recreation program software, noting that recent retirements in the Information Technology department have left it virtually unsupported. She outlined the proposal to finance project development and implementation costs of new online registration software and the projected return on investment from a proposed technology fee averaging $2.00 per registration that would be used to repay a $75,000 loan and the $12,000 annual maintenance costs resulting from proposed amendments to the Software Support Agreement (C-5203) with EnerGov Solutions, LLC. Ms. Niemer recommended that the Council amend the Integrated Land Management System (ILMS) agreements (C-5203 and C-5204) to implement a Recreation Registration System, authorize the Mayor to sign documents with US Bank for a four year/$75,000 loan, and set a public hearing for November 2, 2010, to consider establishing a five percent technology fee on registration for recreation programs. I Adam McElvain, Community Services Advisory Commission Vice Chair, stated the Commission's full support for staffs recommendation and relayed the Commission's discussion and logical conclusions regarding debt concerns. Layla Mackay illustrated the need for online registration with her story of problems with bus schedules, recreation office hours of operation, and hot/cold/wet weather that she has encountered when trying to register her seven-year-old daughter for sports programs, and responded to the Mayor that she would not mind paying an extra $2.00 for the convenience of being able to register online. I Responding to the Mayor, Ms. Niemer confirmed that cash flow factors had been addressed, stating that projected revenue for loan repayment was based on actual registrations over the last two years and probably could have been encompassed with a three year loan repayment plan instead of the four year loan that is being proposed. 10/05/2010 I I I 176 A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, approving staff s recommendation as detailed in the staff report dated September 24, 2010, authorizing the Mayor to sign: (1) First Amendment(s) to the Master Customer Agreement (C-5204) and the Software Support Agreement (C-5203) between the City and EnerGov Solutions, LLC; and (2) loan documents in the amount of$75,000 to fund the cost of the agreements; and setting a public hearing for November 2, 2010, to consider a five percent technology fee on registrations for Recreation Division programs. The Vote: Unanimous Ayes COUNCIL TRA VEL REPORT- City Council Member attendance at Conferences/Meetings reimbursed at City expense (Requirement of Assembly Bill 1234) [A-050-060] Council Member Stegall reported attending the Northern California Power Agency annual meeting in Napa, CA, on September 22-24,2010. PUBLIC COMMENT CONTINUED [M-020] Richard Leake, Chuck McIntosh, Jacob Benno, and Angela Velazquez expressed support for James Benno' s residential cultivation of medical marijuana. [P-150] Randal Faulkner suggested implementing a three-year hiring freeze on non-public safety personnel and hiring only from within to fill positions that become vacant during that time. Mr. Faulkner expressed the desire for fully-staffed public safety departments and fiscal responsibility by elected officials. CLOSED SESSION At the hour of 7:28 p.m., Mayor Jones announced that Council would adjourn to Closed Session. At the hour of8:45 p.m., Mayor Jones reconvened the Regular Meeting to Open Session and reported on: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: Redding Peace Officers Association-Miscellaneous (RPOA) and Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees (IBEW -Maintenance) [P-1 00-050-120/^P-1 00-050-070] The City Council did not take any reportable action on this item. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: Local Union 1934 of International Association of Fire Fighters - . AFL-CIO (IAFF) [P-100-050-050] The City Council did not take any reportable action on this item. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation One potential case [L-100] The City Council did not take any reportable action on this item. ATTEST: ~Imf~" ~ City Clerk . adjourned at the hour of . ADJOURNMENT There being no further business, Mayor Jones declare 8:46 p.m. 10/5/2010