HomeMy WebLinkAboutMinutes - City Council - 2006-12-05
241
City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
December 5,2006 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Marshall Jones.
The Invocation was offered by Police Chaplain Betty Harrison-Smith.
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The meeting was called to order by Mayor Murray with the following Council Members
present: Dickerson, Mathena, Pohlmeyer, and Stegall.
Also present were City Manager Starman, Assistant City Manager Bachman, City Attorney
Duvernay, Assistant City Attorney Frediani, Electric Utility Director Feider, Development
Services Director Hamilton, Transportation and Engineering Director Tippin, Personnel
Director Johnson, Community Services Director Niemer, City Clerk Strohmayer, Assistant
City Clerk Sherman, and Executive Assistant Stribley.
Mayor Murray introduced the members of Boy Scout Troop #125 who are working on their
Civic Merit Badges.
PUBLIC COMMENT
(P-150-150)
Kip Lee, Redding resident, asked that the Redding Police Department enforce California
Vehicle Code requirements regarding front license plates on vehicles.
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(C-050-050)
Ginne Mistal, Redding resident, announced that a collaborative effort of the Shasta Regional
Medical Center, Mercy Medical Center, the Republican Women, and Redding Convention
Center staff invited all to come and view the Christmas decorations located at the Convention
Center on Friday, December 6, 2006, from 4:00 p.m. to 5:00p.m. and added that she hoped
it would be an annual event.
APPROVAL OF MINUTES
MOTION: Made by Cquncil Member Pohlmeyer, seconded by Council Member Stegall,
approving the minutes of the Regular and Special Meetings of November 7, 2006.
The Vote: Unanimous Ayes
RESOLUTION -Certifying Election results of the November 7,2006
(E-070-050/ A -050-060/ A -050-055)
City Clerk Strohmayer reported that the Consolidated General Municipal Election was held
in the City of Redding on November 7, 2006, for the purpose of electing three City Council
Members and the City Clerk for four-year terms. Ms. Strohmayerexplained that the Shasta
County Elections Department canvassed the returns for certification, and the candidates
receiving the highest number of votes for the office of Council Member are: Mary Stegall,
Rick Bosetti, and Patrick Jones. The candidate receiving the highest number of votes for the
office of City Clerk is Connie Strohmayer. .
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City Clerk Strohmayer recommended that the City Council adopt the resolution certifying
the canvass of ballots and declaring the results of the November 7, 2006, Consolidated
General Municipal Election.
MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2006-203, a resolution of the City Council of the City of Redding
certifying the canvass of the election ballots and declaring the results of the November 7,
2006, Consolidated General Municipal Election.
The Vote:
Ayes:
Noes:
Absent:
Abstain:
Council Members -
Council Members -
Council Members -
Council Members -
Dickerson, Mathena, Pohlmeyer, Stegall, and Murray
None
None
None
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242
Resolution No. 2006-203 is on file with the office ofthe City Clerk.
OATH OF OFFICE - City Clerk-Elect
(A-050-055)
Mayor Murray administered the Oath of Office to City Clerk-Incumbent Connie Strohmayer
for a four-year term expiring December 2010.
OATH OF OFFICE - City Council Members Elect
(A-050-060)
City Clerk Strohmayer administered the Oath of Office to City Council Members-Elect Mary
Stegall, Rick Bosetti, and Patrick Jones for four-year terms expiring December 2010.
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Retiring Council Members Pohlmeyer and Mathena stepped down and incoming Council
Members Bosetti and Jones assumed their seats on the dais.
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REORGANIZATION OF THE CITY COUNCIL - Selection of Mayor, Vice Mayor, and
Mayor Pro Te~pore
(A-050-060)
Steven Concepcion, Redding resident, requested that the City Council consider appointing
newly-elected Council Member Jones as Mayor Pro Tempore in recognition of his regular
attendance at City Council meetings over the past four years.
MOTION: Made by Council Me~ber Stegall, seconded by Council Member Bosetti
appointing Council Mem~er Dickerson to the office of Mayor for a one-year term expiring
December 2007. The Vote: Una,nimous Ayes.
MOTION: Made by Counci.l M~mber Jones, seconded by Council Member Bosetti
appointing Councili\1ember $tegall to the office of Vice Mayor for a one-year term expiring
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December 2007. The Vote: Unanimous Ayes.
MOTION: Made by CQuncil M~mb~r Stegall, seconded by Mayor Dickerson appointing I
Council Member Bosetti to t~e qffice of Mayor Pro Tempore for a one-year term expiring
December 2007. The Vote: Unanimous Ayes.
PRESENTATION - City Council Member Michael Pohlmeyer
(A-050-060) ,
Mayor Dickerson pres~I].ted a Plaque of Appreciation to outgoing Council Member Michael
Pohlmeyer for his continued service to the community. He pointed out that after having
retired from service, Mr.'Pohlmeyerwill~ngly returned to the City Council to complete the
unexpired term of former Council Mel!lber Kight in order to preserve continuity on the City
Council.
Council Member Pohlmeyer thanked the City Council and the community, stating that it had,
been a priv~lege to serve and that he appreciated t~e ~onfidence and unwavering support he
received from the City Council and st~ff. He also thanked the media for their accurate and
clear reporting of the meetings.
RESOLUTION - Honoring Mayor En:teritus John R. Mathena
(A-050-060)
MOTION: Made by Council Member Stegall, seconded by Council Member Bosetti,
adopting Resolution No. 2006-204, a resolution of the City Council of the City of Redding
commending and honoring John R. Mathe~a for distinguished service to the City. The Vote: I
AYES: Council Me~be~ - Bosetti, Jones, Murray, Stegall, and Dickerson
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 20Q6-204 is on file in the Office of the City Clerk
PRESENTATIONS - John R. Mathena in appreciation for his service as City Council
Member and Mayor for the City of Redding
(A-050-060)
Mayor Dickerson advised that Nadine Bailey, representative from State Senator Aanestad's
Office was unable to attend the meeting. However, a ;Plaque of Appreciation acknowledging
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243
Mr. Mathena's accomplishments and service to the community as Council Member and
Mayor would be forthcoming.
Willie Preston, presented Mr. Mathena with a framed State Assembly Resolution from
Assemblyman LaMalfa in appreciation for his dedication and service.
On behalf of U.S. Congressman Herger, Dave Muer~r presented Mr. Mathena with a
Certificate of Recognition commending his dedication to the citizens of the City.
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Outgoing Council Member Pohlmeyer presented a City Clock to John Mathena in
recognition of the time he served the community. Council Member Murray presented a
framed collage of photos depicting several of the City's capital projects completed during
Mr. Mathena's tenure. Council Member Stegall presented Mr. Mathena with a plaque
recognizing his service and listing the names of former Council Members with whom'he had
served, and Mayor Dickerson presented a framed Resolution honoring and commending
Mayor Emeritus Mathena.
Mr. Mathena thanked the City Council, staff and the community for the opportunity and
privilege to serve on the City Council and wished much success to the new City Council.
At the hour of 7 :46 p.m., Mayor Dickerson declared the meeting in recess.
At the hour of 8:15 p.m., Mayor Dickerson reconvened the meeting.
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CONSENT CALENDAR
The following matters were considered inclusively under tl1e Consent Calendar:
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Ordinance - Amending Appendix "A" to Redding Municipal Code Section 2.90, - Conflict
of Interest for Designated Positions of the City
(F-O 10-150)
It is the recommendation of the City Clerk that Ordinance No. 2377 be adopted, an ordinance
ofthe City Council ofthe City of Redding amending the City's Conflict of Interest Code List
of Designated Employees.
. Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No.9, check numbers 845937 through
846485 inclusive, in the amount of $9,848,140.99, for the period of November 1,2006,
through November 17, 2006; Accounts Payable Register No. 10 check numbers 846486
through 846822 inclusive, in the amount of $ 10,773,240.24, for the period of November 20,
2006, through November 302006; Payroll Register No. 10 electronic deposit transaction
numbers 195533 through 196336 and check numbers 533445 through 533600 inclusive, in
the amount of$2,275 ,857 .30, for the period of October 22, 2006, through November 4, 2006;
and Payroll Register No. 11 electronic deposit transaction numbers 196360 through 197149
and check numbers 533637 through 533792 inclusive, in the amount of $2,308,271.80, for
the period of November 5,2006, through November 18,2006, be approved.
TOTAL: $25,205,510.33
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Treasurer's Report - October 2006
(A-050-100-600)
Total Treasurer's Accountability
$163,501,104.50
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities
$261,310,853.63
ACR133 Report and Cash Reconciliation
(F- 205-095-650)
It is the recommendation of the Administrative Services Director that the ACR133 Report
and the Proof of Cash Reconciliation for October 2006 be accepted.
Award of Bid - Bid Schedule 3979, Electric Utility Trench and Excavation
(B-050-100 & E-090-160)
It is the recommendation of the Electric Utility Director that Bid Schedule 3979, Electric
Utility Trench and Excavation be awarded to R.A. Martin Constructors, Inc. in the
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244
approximat~. ~mount of $976,085 ~o ,furnish electric utility trench and excavation work for
January 1, 2007 to l)ecember 31 , 2007.
Monthly Financial Report - Electric Utility
(B-130-070) ,
It is the recommendation of the Electric Ut~lity Director that the City Council approve the
Electric Utility's Monthly Financial Report for Octobe~ 2006. Retail power sales revenue
was $1,7 ~ 4,118 pr 6.0 % above projections and wholesale power sales through October were
$6,120,630 or 64.5 % above projections. Operating revenue after energy costs was
$2,794,188 or 20.3 % '~bove expectations. The total cost of electricity through October 2006
was $5,741,129 above projections. The Utility's net operating results through October is I
$7,385,731. "
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Grant & Memorandum of Understanding - McConnell Foundation; and
Agreement - Boom' Boom Illcorporated
(G-lOO & C-050-050)
It is the recommend~tion of the Community Services Director that the City Council accept
a grant from McConnell Foundation in the am<;mnt, of $90,000 and authorize the Mayor to
execute a Memorandum of Understanding with the McConnell Foundation to fund the 2007
Fourth of July Freedom Festival Fireworks Display.' ,
It is further recommended that the Mayor be authorized to execute a Fireworks Display
Agreement with Boom Boom Incorporate~ for the 2007 Fourth of July Freedom Festival in
the amount of $90,000. .
Monthly Financial Report - General Fund
(B-130-070) , " , .
It is the recOJ:nn:H~n.dC;lti,on of the Deputy City Manager that the City Council accept the
GeIleral Fund's Monthly Financial Report for October 2006. Total revenue at the end of
October is $16.0 million or $558,380 (3.6%) above staffs cash flow projection.
Expenditures at month'end, e~c1udipg encumbrances, total $24,079,624 or $598,399 (2.5 %)
above staffs original projection. Encumbrances total $3,766,767.
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Notice of Completion - Bid Sch~dule N9. 3946, Eureka Way Pavement and Sidewalk Repair
(B-050-020/S-070- 200/S-070- 285)
It is the recommendati~n ~f the Transportati<?n and Engineering Director that Bid Schedule'
No. 3946 (Job No. 2269), Eu!~ka Way Pavement and Sidewalk Repair awarded to Ron Hale
Construction be accepted a,s satisfactorily completed and that the City Clerk be authorized
to file a Notice of Completion ~~th the Shast~ County Recorder. Final cost was $233,383.
Grant Application - Federal Transportation Improvement Program for funds to replace the
Twin View Boulevard Bridge over Chum Creek
,. . . ...
(G-100-070-100 & S-070-050)
It is the recommendation of th,e Transportation ~ngineering Director that the City Council
authorize staff to submit a grant application to the Federal Transportation Improvement
Program (FTIP) in the 'amount of $4.96 million to replace the T~in View Boulevard Bridge
over Chum Creek.' . " <
Consulting and Professional .Services Agreement - Coffman Associates
(A-090-100 & A-090-020) . .
It is the rec~mmynd~tion of the Engineering and Transportation Director that the City
Council approve the Con~u1ting aJld Professional Services Agreement with Coffman I
Associates to prepare Federal Aviation Administration (FAA) and State grant loan
applications, environmental assessments for' FAA project, assistance with Airports
development and plallIling, assistap.ce with :passenger Facility Charge (PFC) program, and' '
coordination with the FAA and the State. The term of the Agreement is for three years with
options for two one-yeare~tensions. Coffman Associates is eligible for reimbursement from
an associa~ed FAA grant program in an amqunt of90 % to 95 % and the City's PFC Program.
Services will be utilized on an as-needed basis.
Renewal of the License Agreement - Northern California Drag Racing Association
(C-070-100 & A-090-100) . '
It is the recommendation of the Transportation and Engineering Director that the City
Council approve the License Agr~ement with the Northe~ California Drag Racing
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245
Association for use of the drag strip at the Redding Municipal Airport for the term of
December 1, 2006, through November 30, 2009, with two one-year extension options. The
license is $150 per year plus 6% of the gross revenue derived from all races held on the
premIses.
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Second Amendment to the Ground Lease Agreement - Lyle Tullis and Boyce Muse at
Redding Municipal Airport
(C-070-100 & A-090-100)
It is the recommendation of the Transportation and Engineering Director that the City
Council approve the Second Amendment to the Ground Lease Agreement with Lyle Tullis
and Boyce Muse to construct an aircraft storage hangar at Redding Municipal Airport
amending the term of the Agreement pursuant to the receipt of the Certificate of Occupancy
effective April 17 ,2006, through April 16, 2036.
License Agreement - Shasta Kart Klub
(C-070-100 & A-090-100)
It is the recommendation of the Transportation and Engineering Director that the City
Council approve the License Agreement with Shasta Kart Klub for use of the Kart Track at
Redding Municipal Airport for three years effective December 1,2006, through November
30, 2009, in the amount of $1 ,600 the first year and increasing $100 each year thereafter.
City Commissions. Boards and Committees Report
(B-080)
It is the recommendation of the City Clerk that the City Council accept the lists of
appointments of all ongoing boards, commissions, and committees appointed by the City
Council, as required by California Government Code Section 54972, relative to term
expirations.
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Lease Agreements - Metro PCS
(C-070-100 & W -030-450)
It is the recommendation of the Municipal Utilities Director that the City Council authorize
the Mayor to execute a Lease Agreement with Metro PCS to install wireless communications
facility equipment at 3100 Foothill Boulevard (Hill 900 Reservoirs) and a Lease Agreement
for same at 941 Springer Drive (Enterprise Reservoirs). The term of the Leases is for five
years each with four additional options of five years for each Lease in the amount of $2,000
per month per Lease with a 3 % annual increase.
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Renewal of Group Health Insurance Contracts
(P-100-150-030/P-100-150-055/P-100-150-060/P-100-150-11O/P-100-l50-160)
It is recommended by the Personnel Director that the City Council authorize staff to renew
agreements to provide group health insurance and related services with SunLife Financial for
Stop-Loss in the annual amount of $452,261, life insurance coverage in the amount of
$260,567, and long-term disability insurance in the amount of$117 ;222, all effective through
December 31, 2007; BC Life and Health Insurance company (Blue Cross) to provide
Preferred Provider Organization (PPO) in the amount of $192,938 annually; Claims
Administration Services with Managed Benefit Administrators (MBA) in the amount of
$212,736 annually; National Medical Health Care (NMHC) formerly known as
Pharmaceutical Care Network (PCN) to provide prescription drug program management
services with an annual cost of approximately $14,692 through December 7, 2007; Medical
Conversion Insurance (Celtic) in the amount of $6,648 to December 31, 2007; and Vision
Insurance Claims Administration (Vision Service Plan (VSP)) in the amount of $23,735 to
$24,664 through December 31, 2008.
MOTION: Made by Council Member Stegall, seconded by Council Member Murray, that
all the foregoing items on the Consent Calendar be approved and adopted as recommended.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson
Council Members - None
Council Members - None
Council Members - None
Ordinance No. 2377 is on file in the Office of the City Clerk.
12/5/2006
246
LETTER - Gary Brickwood resigning from the Redding Planning Commission
(B-080-300)
It was the consensus of the City Council to accept, with regret, Gary Brickwood' s letter of
resignation from the Redding Planning Commission. Mr. Brickwood will be recognized at
a future City Council meeting. -
UPDATE ON MAJOR PROJECTS - Youth Action Council
(A-050-080 & B-080-600-975) .
Community Services Director Niemer introduced members of the Youth Action Council
(Y AC), who provided information?n various community projects and goals ofY AC and the
current recruitment process to encourage others to join Y AC. They also related that they had
the opportunity to attend conferences and meet with young people and officials from other
cities which shared the common goal to better serve the community.
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Council Member Murray expressed support for Y AC and pointed out that the teens are
working on bylaws for Y AC and continue to support and participate in projects throughout
the community. He thanked them for their hard work.
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No action was required on this informational item.
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STATUS REPORT - Public Be~efits Program
(E-090-100)
Electric Utility D~rector Feider reported that the Public Benefits Program was instituted in
1996 pursuant to Assewbly Bill 1890 as part of the electric industry deregulation process.
In 2000, Senate Bill 1194 required ~~at pt:ivate and publicly-owned electric utilities establish
a specific Public Benefits Program through January 1,2012, utilizing at least 2.85% ofthe
base retail elect~c revenu~s on programs that qual~fy in four areas:
1. Demand-side management efficiency (DSM);
2. Research, development, and demonstt:a.tion of new electric technologies (RD&D);
3. Renewable energy resource development; and
4. Low-income assistance.
Mr. Feider poin,ted out tha~ Redding Ell~ctric Uti~ity (R~U) expended over $2.6 million
during fiscal year 2006, for public benefit programs and noted that additional funds will be
required should new legislation be approved in the future.
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Mr. Feider recommended that the City Co~ncil accept the Status Report for the Redding
Electric Utility Pqblic Benefits Program at:l.cl4i.rect stafft,o continue the Programs to provide
benefits to th~ community.
Council Member Murray suggested that low-income assistance for payment of utility bills,
particularly for seniors, be mo~e aggressively advertised.
MOTION: Made by Council Member Murray, seconded by Council Member Stegall,
accepting the Status Report for the Redding Electric Utility Public Benefits Program and
directing staff to c~ntipue the'Program to provi~e benefits to the community.
The Vote: Unanimous Ayes .
AWARD OF REQUEST FOR PROPOSALS - Request for Proposals No. 3961, Red Light
Camera Enforcement Program; and
AGREEMENT - Redflex Traffic Systems
(B-050-100 & P-150-1~0) I
Police Chief Moty'recalled that on March 21, 2006, the City Council authorized Redding
Police Departme!lt (RPD) to issu~ a Request fqr Proposals (RFP) to implement red light
traffic violation enforcement cameras in ~edding. He stated that the RFP was sent to ten
vendors for consideration, but o'nly one resp~nse was received from Redflex Traffic Systems.
Chief Moty provided a Powerpoint presentation depicting system operation and pointing out
how the syst~m could red.uce the n~mber of patrol officers necessary to cite red light
violators and, in turn, reduce response times for higher-priority ~alls. He related that Redflex
equipment wou~4 video record t~e violation and transmit the information through the internet
for review by RPD. If it is determined that a violation did occur, a citation along with the
photographic evidence is sent to the violator who has the option to pay the citation amount
or request a hearing to contest the violation. Mr. Moty added that there is only about a 1 %
contest rate when this type of system is used.
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Chief Moty stated that Redflex will provide all nece'ssary equipment and will receive a set
amount for each violation. A projected monthly income amount will be set which, if not
met, is absorbed by Redflex. This results in no financial responsibility to the City, and may
actually produce revenue for the City once a contract has been negotiated. Mr. Moty
proposed installation of 4-5 cameras at specific intersections which share a high incident of
red light violations resulting in traffic congestion and major-injury accidents. He stated that
the amount to be received by Redflex and the amount to be returned to the City for each
violation will be determined during contract negotiations. While this system is not designed
to be a revenue-producing program, Chief Moty stressed that the cost of the program would
be fully offset by revenues received.
Chief Moty recommended that the City Council award Request for Proposals No. 3961, Red
Light Camera Enforcement Program to Redflex Traffic Systems and authorize staff to
negotiate an agreement for the services. He noted that the Agreement would be brought back
to the City Council for final consideration.
Jon Pecaut, Rachel Hanks-Saphore, Chris Haessig, and Jim Ceragioli, urged approval of the
red light violation cameras citing the potential for catastrophic injuries caused by red light
violations juxtaposed to other types of traffic intersection accidents, the impossibility of
stationing a police officer at every intersection, and the successful results of this type of
technology when used in other cities to reduce red light accidents.
Steven Concepcion and Douglas Bennett opposed the program citing the inability of one to
face the accuser at the time of the incident, funds should be spent on additional officers, an
increase in rear-end collisions, and issues of privacy when video tape is transmitted via the
internet. .
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While he expressed concern regarding the' inability to question an accuser and a
philosophical disagreement regarding privacy issues, Mayor Dickerson, stated that this is an
issue of public safety and he would support the program. He also suggested that the contract
include periodic maintenance of the machinery involved to ensure accuracy.
Council Members Murray, Stegall, and Bosetti believed that the system has the potential to
save lives and reduce major-injury accidents and benefit the community by citing violators.
Council Member Jones believed the program could be useful, but because he had received
citizen opposition, he believed that other options should be explored that were more
acceptable to the community.
MOTION: Made by Council Member Murray, seconded by Council Member Stegall,
awarding Request for Proposals No. 3961, Red Light Camera Enforcement Program to
Redflex Traffic Systems and authorizing staff to negotiate an agreement for services and
return to the City Council for consideration.
The Vote:
. AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Murray, Stegall, and Dickerson
Council Members - Jones
Council Members - None
Council Members - None
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AWARD OF REOUEST FOR PROPOSALS - Request for Proposals (RFP) No. 3975,
Construction Management Services for the Clear Creek Wastewater Treatment Plant
Rehabilitation and Expansion Project; and
MASTER SERVICES AGREEMENT - CH2M Hill
(B-050-100 & W-OIO-450)
Transportation and Engineering Director Tippin recalled that the City's Clear Creek
Wastewater Treatment Plant (Plant) has served the community since 1979 and is reaching
its design capacity. He stated that plans to refurbish the Plant over the next six years have
begun to accommodate future wastewater increases. On May 27, 2005, the City Council
accepted the Facilities Plan for expansion of the Plant and directed preparation of the
engineering design and environmental services required to implement the Facilities Plan. He
said that at that time, CH2M Hill developed the designs consisting of eight separate bid
packages with an estimated total co sf of $80 to $100 million. To date, the first three bid
packages are completed or in the final design stage.
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Mr. Tippin stated that expansion of the Plant will take approximately six years with
completion anticipated in 2012. The RFP will provide consistent construction management
of the entire project which will be broken down into seven b'ids. He pointed out that the bid
package was sent to 22 firms with only two responding and added that the maximum amount
was set at $5.6 million for the scope of work. However, it is anticipated that the entire
amount will not be necessary, as services will only be utilized on an as-needed basis.
Mr. Tippin recommended that the City Council award RFP No. 3975, Construction
Management Services for the Clear Creek Was.tewater Treatment Plant Rehabilitation and
Expansion Project to CH2M Hill in an amount not -to-exceed $5.6 million and authorize staff
to negotiate a Master Services Agreement (MSA) for same and return to the City Council for
final consideration.
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MOTION: Made by Council Member Murray, seconded by Council Member Stegall,
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awarding RFP No. 3975, ConstructioIl Management Services for the Clear Creek Wastewater
Treatment Plant Rehabilitation aI};d' Expansion Project to cmM Hill in an amount not-to-,
exceed $5.6 million and authorizing staff to negotiate a Master Services Agreement (MSA)
for same and r~tUrn to "the City'Council'for consideration of the MSA
The Vote: Unanimous Ayes
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RESOLUTION - Declaring Deckade Advance9 Decking Systems in default and canceling
Public Wo~ks Contract for Bid Schedule No'. 38Si, Convention Center Slab Resurfacing
(B-050-020 & C-050-050) .
Assistant City Attorney Frediani provided an overview of the Report to City Council dated
Novembe~ 27,2006, incorporated herein by refereIlce, recalling that on July 19,2005, the
City Council awarded Big ScpedlJle No. 3852 (Job No. 8302), Convention Center Slab
Resurfacing (Project) to Tri~mgle' Builders of Nevada,' dba Deckade Advanced Decking
Systems (Deckad~) and execut~d a public works construction contract (Contract) in the
amount of $324,261. On July 29, 2005, a performance bond was issued by American
Contractors Indemnity Company (Surety) in the amount of $324,261 with the City as
beneficiary .
Ms. Frediani related that although the completioIl date for the work was set at December 31 ,
2005, a walk-through inspection was condus;ted with City staff and Deckade's foreman on
September 8, 2005, where numerous construction defects were identified in all areas of the
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Project, specifically the kitch~n, main, a,nd lobby/stairs area~. Th~ C<:>nvention Center floor
was also noted to be so uneven that many of the risers no longer sit flat creating serious
saf~ty haza~s apd tl?.e surfac~ so tacky that ~ot~ing will slide across it without leaving scars
and grooves.
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Ms. Frediani stated that On September 29,2005, Deckade was notified by City staff in
writing that the materials and work performed did not conform to Contract specifications,
and pursuant to ~ec~ioil'4-1.1 of the Stapdard Spe~ifications for Public Works Construction
(Greenbook) the City dee~ed the work de!ective and reJecte~ qemands for payment. In the
letter sent to Deckade, staff requested a meeting with Deckade and requested that Deckade,
provide a proposed plan for correcting the de~ciencies ~nd a schedule for repair completion.
A meeting was helq on October- 17 , 2005, between City staff and Deckade but no proposal
plan for repairs was provided. '
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Ms. Frediani advised that on November 1,2005, Deckade proposed a work repair plan, but
flooring core samples taken and analyzed by KT A- Tator, Inc., were found to be worse than
expected and D~ckade was notified that the Contract completion d,ate would be extended to I
allow necessary 'repairs. On February 21, 2006, tbe Surety requested in writing that the City
withhold further payrp.ent to Deckade for the Project without its prior written consent.
Ms. Frediani continu~d that on March 3,2006, Deckade notified the City that the repairs
recommended by KTA-Tator, Inc. were unwaqanted and Deckade would be willing to
attempt repai~ using NeoG;mi, the manufacturer of the installed flooring system, but only
if the City would proviqe payment for the work pe~ormed to date. At that time, Deckade
provided an analysis by PSI. On May 25,2006, the City notified Deckade that the proposed
repairs were neither viable nor acceptable and another method of repair must be submitted
and suggested another meeting to work develop an acceptable repair plan, construction
schedule, and payment sche~ule.
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Ms. Frediani stated that on June 9, 2006, Deckade notified the City in writing that it would
agree to participate in one final meeting to discuss alternatives to address the defects and if
the City refused to participate in the meeting, Deckade would agree to terminate its work on
the Project and drop all potential claims against the City upon receipt of payment in the
amount of $180,000. In the written response from the City on June 20, 2006, Deckade was
notified that the City was amenable to such a meeting, but Deckade must provide the City
with a viable repair plan prior to the meeting. On August 31,2006, Deckade responded in
writing that there was no likely alternative for repairing the deficiencies (which Deckade
maintained were only "cosmetic") that the City would accept and contended that the City had
terminated and breached the Contract by refusing to pay Deckade for work performed, citing
Public Contract Code Section 20104, et seq., and demanded payment of $267,730.52 for
work performed including interest at 2 % per month from September 30, 2005. On October
31,2006, the City responded to Deckade that the City had not breached the Contract but that
Deckade had defaulted on its contractual obligations because of defective construction and
payment had not been made in contemplation of rapair costs that will exceed the Contract
amount of $324,261.
Ms. Frediani advised that Section 6-4 of the 2003 edition of the Standard Specifications for
Public Works Construction (Greenbook), and part of the Contract, provides that the City
Council may cancel the Contract without liability for damage when, in its opinion, the
contractor is not complying in good faith, has become insolvent, or has assigned or
subcontracted any part of the work without the Council's consent, and if the City Council
declares the Contract canceled for any of those reasons, written notice to that effect shall be
served upon the Surety and the Surety has five days to assume control and perform the work
as successor to the contractor. She pointed out that staff has consistently asked Deckade for
a viable repair plan and, to date, nothing has been received.
I
Ms. Frediani recommended that the City Council adopt a resolution declaring Deckade in
default and canceling the Public Works Contract forBid Schedule No. 3852 (Job No. 8302),
Convention Center Slab Resurfacing and directing notification of the Surety to adopt the
Contract.
Randy Nelson, Attorney with Carr, Kennedy, Peterson, and Frost, representing Deckade
contended that the repairs to be accomplished were primarily aesthetic in nature and Deckade
provided a plan that the City would not accept. He stated that Deckade was not allowed
access to the construction area after the September walk-through even though the Contract
allowed construction to December 31, 2005. He pointed out that Deckade has received no
payment for the Project and has incurred over $100,000 in material costs and $167,000 in
labor costs which Deckade has had to pay. He stated Deckade believed they should have
been allowed to repair the Project as proposed.
Council Member Murray observed that work was to be performed according to specifications
which any repair plan offered by Deckade must include.
In response to Council Member Jones, Mr. Nelson related that it was his understanding that
Deckade realized the floors were uneven prior to beginning construction, but did not believe
it was specified in the contract that Deckade was to level the floors.
I
City Attorney Duvernay pointed out that defective workmanship and health and safety issues
are not aesthetic repairs and this was detailed to Deckade. However, Deckade continued to
offer only one proposal, which was rejected as non-feasible. Mr. Duvernay observed that Mr.
Nelson continues to declare the repairs were primarily aesthetic.
Ms. Frediani interjected that Mr. Nelson's contention regarding the City's accepting only
KTA-Tator's suggested repair solution was inaccurate. The City has repeatedly advised
Deckade that any solution which would bring resolution to the defective work would be
considered by the City, but Deckade offered only one.
MOTION: Made by Council Member Murray, seconded by Council Member Bosetti,
adopting Resolution No. 2006-205, a resolution of the City Council of the City of Redding,
declaring Deckade Advanced Decking Systems in default of and canceling the Public Works
Contract for Bid Schedule No. 3852 (Job No. 8302), Redding Convention Center Slab
Resurfacing; and directing staff to notify American Contractors Indemnity Company (Surety)
in writing within five days to assume control and perform the work as successor to Deckade.
12/5/2006
250
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson
Council M~mbers - None
Council Members - None
. ,
Council Members - None
, ,
Resolu~iQn No. 2006-29~ is on file in the Omce of the City Clerk
RESOLUTION - Approving amendment to the Memorandum of Understanding with Service
Employees Internatio~al Union (SEIU) - Clerical; Technical & Professional re salary range
for t~~ Pqblic Works Inspector .
(P-100-0;;0-124)' c' ,:
Personnel Director Johnson re<;alled that upon conclusion of negotiations between the City
and the Service Employeeslnttmlational union, Clerical, Technical and Professional (SEIU-
CTP) on February 17, 2004, it was agreed that the CitY would conduct a salary and/or
classification sll;rvey, for the Pub Hc W orks Inspe~tor. Through that study it was determined
that the salary for the Public Works Inspector was ~8.57% below the market average. She
said it was also noted t~ai the minimum qualifications for this position have increased over
time. Tp.e City and SEIU have tentatively agreed to ,a salary adjustment of 7.8 % with
additional duties added to the job specifications including a Water Distribution Operator
Grade D-l Certificate. .
I
Ms. Johnson recommended that a resolution be adopted approving an amendment to the
. "'.. ~
Memorandum of Understanding with SEIU-CTP adjusting the salary range for the Public
Works Illspector and addiiIg qll"alifi~ations, effe~tive December 3, 2006.
MOTION: Made by CO!lncil Member Stegall, seconded by Council Member Jones, adopting
Resolution, No. 2006-206, a resol~t~on oftpe City Council of the City of Redding, amending
the Memorandum of Understanding with Service Employees International Union - Clerical,
Technical, and 'Professional Employees, amending the salary range to $21.21 to $27.07 per
hour, a4ding ~ddit~onal duties: and qualificati~ns, iffective December 3, 2006.
The Vote: '
AYES: Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson
NOES: CC?~ri,cU ryIembers - None
ABSTAIN: Council Members - None
ABSENT: Cou'ncil Members - No~e
'" "
I
Resolution No. 2006-206 ,is on file in the Office of the City Clerk
At the hour of 10: 15 p.m., Mayor Dickerson annoy-nced that the City Council would adjourn
to closed session to discuss the following:
Closed ~ession pursuant to GaEfornia Goverimlent (:od,e Secti<;>I,154956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
,~ '., - . . . .. -
Robert Michael Cronic and David Ronald Michal dba Pur6flrSt Disaster & Reconstruction
'rA . ""'~' .}. ~ ~ .'
Specialists, Rest011ltjon Group, lIic. (Cross-complainants) v. City of Redding, et al. (Cross- ,
defendants), Shasta County Superior Couit Case No. 153035 .
(L-100) .
Closed Session pursuant to ~alifOlp.ia Governfi.1ent Code Section 54957.6:
CONF~RENCE WITH LABOR NEqoTIATOR
Designated Agency Represe~tative: Linda John~on I
Employee Organization: Local Union ~934 of International Association of Fire Fighters -
AFL-CIO
(P-I00-050-050)
At the hour of 11 :22 p.m., May~r Dickerson rec\>nvened the Special Meeting to open session
and advised th,at no reportaQle action was taken.
12/5/2006
251
ADJOURNMENT
There being no further business, at the hour of 11 :23 p.m., Mayor Dickerson declared the
meeting adjourned.
APPROVED
I
[fld [2~
Mayor .
ATTEST:
.~~4
City Clerk (
I
I
12/5/2006