HomeMy WebLinkAboutMinutes - City Council - 2010-10-05
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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