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HomeMy WebLinkAboutMinutes - City Council - 2009-11-17 274 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California November 17, 2009 7:00 p.m. The Pledge of Allegiance to the Flag was led by Mayor Bosetti. The Invocation was offered by Police Chaplain Ray Foust. The meeting was called to order by Mayor Bosetti with the following Council Members present: Dickerson, Jones, McArthur, and Stegall. I Also present were City Manager Starman, City Attorney Duvernay, Assistant City Manager Tippin, Transportation and Engineering Director Crane, Development Services Director Hamilton, Deputy City Clerk Mize, and Executive Assistant Grimm. PUBLIC COMMENT [S-060-150-550/F -200-090] Candace Ratledge, Bente Galle, Lyle Van Norman, and Don Matlin expressed frustration over the FEMA action decertifying the Olney Creek levee, stating that: it was unfair; it will devalue their properties and cause flood insurance premiums to go up; they cannot afford higher taxes; the City is responsible due to lack of maintenance; the action was supported by bad data and that a new levee study could be performed for $60,000. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special meetings of September 21 and October 26,2009, and Regular I meetings of September 1 and November 3,2009. Approval of Payroll and Accounts Payable Registers [A-050-l00-500] It is the recommendation of the Finance Director that the City Council approve Accounts Payable Register No.9, for check numbers 878380 through 878774 inclusive, ACH Transfer numbers 6332 through 6360, inclusive, and Wire Transfer numbers 1789 through 1798, inclusive, for a total of $4,090,566.34, for the period of November 2, 2009, through November 13,2009; and Payroll Register No.9, for electronic deposit transaction numbers 266897 through 267744 and check numbers 545055 througl:1545l39 inclusive, in the amount of$2,546,875.32 for the period October 18, 2009, through October 31,2009. TOTAL: $6,637,441.66 Ordinance - Amending Redding Municipal Code Title 2 (Administration and Personnel) Chapter 2.42, Redding Municipal Library regulations re: suspension of library customers [L-050-0l0] It is the recommendation of the Community Services Director that the City Council adopt Ordinance No. 2441, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 2 (Administration and Personnel) Chapter 2.42, (Redding Municipal Library), Section 2.42.120 (Library Regulations), by adding subsection 2.42.120.A.ll relating to prohibited activity at the Redding Municipal Library. I First Amendment to the Option Agreement and Purchase and Sale Agreement - 2322 Dunavant Street, LLC [C-070-200] ^ It is the recommendation of the City Manager that the City Council approve the first amendment to the Option Agreement and Purchase and Sale Agreement (C-4948) with 2322 Dunavant Street, LLC, for 9.48 acres of property owned by the City of Redding located at the comer of Metz Road and Eastside Road adjacent to the Clear Creek Wastewater Treatment Plant, to extend the Option Agreement to December 31, 2010, and authorize the City Manager or his designee to execute this first amendment document. 11117/2009 275 Resolution - Lake Boulevard/Keswick Dam Road traffic signal project [R-030-030-600] It is the recommendation of the Assistant City Manager that the City Council adopt Resolution No. 2009-188, a resolution of the City Council ofthe City of Redding, amending and restating Resolution 2008-155 and making the findings required to utilize tax increment funds from the Buckeye Redevelopment Project Area to construct the Lake BoulevardlKeswick Dam Road traffic signal project. I Award of Bid - Bid Schedule No. 4291 for furnishing electric line-clearance services [B-050-100] It is the recommendation of the Electric Utility Director that the City Council award Bid Schedule No. 4291, for furnishing electric line clearance services in Bid Areas 1 and 2 to Davey Tree Surgery in the amount of $405,800, and authorize REU staff to contract with Davey Tree Surgery for supplemental line clearance work as needed (subject to availability of budgeted funds), at the hourly rates provided by Davey Tree Surgery with its bid. Resolution - Federal Energy Regulatory Commission Order No. 719 [E-120-050] It is the recommendation of the Electric Utility Director that the City Council adopt Resolution No. 2009-189, a resolution of the City Council of the City of Redding, formally opting out of the Federal Energy Regulatory Commission Order No. 719 directing Independent System Operators and Regional Transmission Organizations demand response aggregation reform. I Notice of Completion - Bid Schedule 4210 - Relocation of electrical infrastructure for Redding Power Plant Generating Unit No.5 [B-050-020/E-120-150-675] It is the recommendation of the Electric Utility Director that the City Council accept the subject construction contract performed by M&J Electric as satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder. Final cost was $140,822.86. Award of Bid - Bid Schedule No. 4297 - Furnishing primary splice boxes [B-050-100] It is the recommendation of the Electric Utility Director that the City Council award Bid Schedule No. 4297 to Cook Concrete Products, Inc., of Redding, CA, to furnish primary splice boxes at the bid unit prices during the period of January 1, 2010 to December 31, 2010, and authorize the Purchasing Officer to extend the bid award one year at the same prices, terms and conditions, if deemed prudent and mutually agreeable to Cook Concrete Products, Inc. Award of Bid - Bid Schedule No. 4293 - Electrical infrastructure 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: (1) award Bid Schedule No. 4293 to Stephens Electrical, Inc., of Redding, CA, in the amount of$1 ,021 ,321 for the electrical infrastructure for the Redding Power Plant Generating Unit No.6; (2) authorize the Mayor to sign a standard City of Redding Public Works Agreement for Item No.1 work; and (3) authorize the Electric Director to approve project construction change orders, if needed, up to a not-to-exceed total of $153,000 (15 percent of contract). I South Bonnyview Boat Ramp - Request from Shasta Cascade Wonderland Association [P-050-650] It is the recommendation of the Community Services Advisory Commission that the City Council endorse a request from the Shasta Cascade Wonderland Association to rename the South Bonnyview Boat Ramp to the "John F. Reginato Boat Ramp". Cooperative Agreement - Caltrans - Buenaventura Boulevard widening at State Route 273 project [S-070-100-065/S-050-100] It is the recommendation of the Transportation and Engineering Director that the City Council authorize the Mayor to execute a cooperative agreement with Caltrans that enables the City to receive additional funding for improvements to the intersection of Buena ventura Boulevard and State RO!lte 273. 11/17/2009 276 Second Amendment to Consulting and Professional Services Contract - PB Americas, Inc. [B-050-1 00/E-050-500/8-070-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council authorize the Mayor to execute a contract amendment with PB Americas, Inc., to provide construction management services for the Stillwater Business Park in the amount of $150,000, bringing the total not-to-exceed fee to $1,450,000. Resolution - Bicycle Transportation Account project funding applications [G-l 00-170/T -1 00-050/S-050-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council adopt Resolution No. 2009-190, a resolution of the City Council of the City of Redding, authorizing staffto prepare and submit two applications for state grant funds from the Bicycle Transportation Account for installation of Class II bike lanes on Quartz Hill Road from Snow Lane to Terra Nova Drive and on Old Alturas Road from Edgewood Drive to Shasta View Drive, and committing the City to the minimum required 10 percent local match, which would be approximately $77,700 for both projects and would be paid from the City's Traffic Impact Fee program. I Airport TV Network Concession Agreement - ProDIGIQ, Inc. [C-070-1 001 A-090-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council approve the Airport TV Network Concession Agreement with ProDIGIQ, Inc., to provide enplaning passengers destination-city information, news, sports and entertainment on LCD televison monitors at the Redding Municipal Airport terminal. Redding Municipal Airport Terminal Remodel Proiect - Contingency Increase, and Resolution - Appropriating funds for same [B-050-020/B-130-0701 A-090-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council approve additional contingency funds in the amount of $48,000 for the Redding Municipal Airport remodel project under Bid Schedule No. 4230 (Job No. 2340), and adopt Resolution No 2009-191, a resolution ofthe City Council ofthe City of Redding, approving and adopting the 9th amendment to City Budget Resolution No. 2009-61, appropriating $48,000 for the terminal building remodel for fiscal year 2009-10. I Cooperative Agreement - Caltrans - Oasis Road Interchange Phase I Project [G-030-11 O/B-130-070/S-050-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council authorize the Mayor to execute a Cooperative Agreement with the California Department of Transportation for the Oasis Road Interchange Phase 1 project. Memorandum of Understanding - Caltrans - Future Ramp-metering [S-070-1 00/B-130-070/S-050-1 00] It is the recommendation of the Transportation and Engineering Director that the City Council authorize the City Manager to sign a Memorandum of Understanding with the California Department of Transportation for future ramp-metering within the City of Redding. City Boards. Commissions and Committees [B-080] It is the recommendation ofthe Deputy City Clerk that the City Council accept lists relative to 2010 term expirations and vacancies for City boards, commissions and committees as fulfilling the requirements of California Government Code Section 54972 (Maddy Act). I Quarterly Financial Report - Municipal Utilities - July 1 through September 30, 2009 [B-130-0701 A-050-165] It is the recommendation of the Municipal Utilities Director that the City Council accept the Redding Municipal Utilities quarterly financial summary for July 1, 2009, to September 30, 2009. 11/17/2009 277 A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, that the foregoing items on the Consent Calendar be approved and adopted as recommended above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Jones, McArthur, Stegall, and Bosetti Council Members - None Council Members - None Council Members - None I Ordinance No. 2441 and Resolution Nos. 2009-188 through 2009-191 are on file in the Office of the City Clerk. ------------------- PUBLIC HEARING - 2009 Citizens' Option for Public Safety Program Utilization Plan [G-100-170/B-130-070/P-150-150] The hour of7 :00 p.m. having arrived, Mayor Bosetti opened the public hearing regarding the proposed spending plan for state funds received through the Citizens' Option for Public Safety (COPS) Program. The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing No protests were received. I Police Chief Hansen advised that each year, population-based grants are available through the State of California Citizens' Option for Public Safety (COPS) program. He related that funding at the state level shifted from the General Fund to Vehicle License Fee collections this year, resulting in monies from the State Controller being apportioned and paid quarterly rather than annually. The City's one-quarter share of this allocation is anticipated to be at least $100,000. Chief Hansen recommended utilizing grant funds as follows: up to $50,000 for ongoing participation in the Integrated Public Safety System (IPSS) that enables the Redding and Anderson Police departments and the Shasta County Sheriff s office to have integrated records and a mobile data sharing program; a minimum of$25,000 for unfunded personnel costs; and $25,000 for CopLogic, an online reporting software program that has been successfully used in Sacramento, that would allow victims to report certain past tense crimes via the internet; with any remaining funds or interest earnings not needed for the above listed items to be used for equipment on the current unmet needs list. Mayor Bosetti determined that no one present wished to address this matter and closed the public hearing. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member J ones, approving the Utilization Plan for the Citizens' Option for Public Safety program state grant funds. The Vote: Unanimous Ayes I PUBLIC HEARING - General Plan Amendment Application GP A-1-09; and RESOLUTION - Adopting an Addendum to the General Plan Environmental Impact Report and Amending and Restating Portions of the Redding General Plan Natural Resources and Health and Safety Elements. [G-030-01O] . Development Services Director Hamilton reviewed background information, proposed changes, and requirements of AB 162 relating to the Health and Safety Elements of the General Plan, as outlined in the Report to City Council dated November 17, 2009, noting that the City of Redding has determined that an addendum is warranted, finding that: 1. No substantial changes or new information of substantial importance exist and that there is no substantial evidence, in light of the whole record before the City, that the amendment proposal will have a significant effect on the environment. 11/17/2009 278 2. The Addendum to the Environmental Impact Report, with its supporting documentation (Initial Study), reflects the independent judgment and analysis of the City of Redding. Mr. Hamilton recommended that the City Council make the necessary findings to adopt an addendum to the General Plan Environmental Impact Report (EIR) as outlined in GP A -1-09, and adopt a resolution adopting the addendum to the EIR and amending and restating portions of the Redding General Plan Natural Resources Element and Health and Safety Element. The hour of7:00 p.m. having arrived, Mayor Bosetti opened the public hearing to consider proposed General Plan Amendment Application, GPA-1-09. I Donna Briggs stated that she researched the local hazard mitigation plan, flooding potential hot -spots, FEMA guidelines, a flood management report, and Council action, and opined that the City has not maintained the Olney Creek levee and is, therefore, accountable. Ms. Briggs questioned availability of American Reinvestment and Recovery Act funding to make improvem~nts to the levee and deter the FEMA decertification. Mayor Bosetti determined that no other individual present wished to address this matter and closed the public hearing. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Jones, accepting necessary findings and adopting Resolution No. 2009-192, adopting an Addendum to the General Plan Environmental Impact Report and amending and restating portions of the Redding General Plan Natural Resources Element and Health and Safety Element. The Vote: AYES: Council Members - Dickerson, Jones, Stegall and Bosetti NOES: Council Members - None ABSTAIN: Council Members - McArthur ABSENT: Council Members - None Resolution No. 2009-192 is on file in the Office of the City Clerk. I COMMUNITY DEVELOPMENT ADVISORY COMMITTEE - Appointment and Reappointments [B-080-600-l00] Mayor Bosetti recommended that the City Council appoint Pamela K. Van der Werff, and reappoint Michael Burke and Juliette Read, to the Community Development Advisory Committee for three years terms, ending December 1,2012. A MOTION WAS MADE by Council Member Jones, seconded by Council Member McArthur, to appoint Pamela K. Van der Werff, and reappoint Michael Burke and Juliette Read, to the Community Development Advisory Committee for three years terms, ending December 1, 2012. The Vote: Unanimous Ayes MASTER PARTICIPATION AGREEMENT - Redding Affordable Housing Fund [L-OI0-005] Assistant City Manager Tippin recalled that as a condition of approval for the Lowe's Home Improvement store, a $1 million mitigation fee was required to offset necessary rezoning and a general plan amendment resulting in a loss of property designated for affordable housing. He further recalled that the Redding Affordable Housing Fund (the Fund) was formed for the purposes of transferring the Lowe's mitigation fee and to facilitate non-profit housing development of affordable housing within the city limits. Subsequently, the Shasta Regional Community Foundation was designated as the overseer of the Fund. Additionally, Mr. Tippin informed Council that, due to efforts by the Fund's Program Review Committee, the Fund now has $5 million in committed funds available for development of affordable housing. The Master Participation Agreement (MP A) will establish the Fund with five participating agencies: Northern California Community Loan Fund, Premier West Bank, Redding Bank of Commerce, Catholic Healthcare West, and City of Redding. I 11/17/2009 279 Mr. Tippin relayed that the MP A is the final significant step in making loan funds available for the purpose of non-profit development of affordable housing in Redding and reviewed the key elements of the agreement as outlined in the Report to City Council dated November 17,2009. Mr. Tippin recommended that the City Council approve the MP A, authorize the Mayor to sign the agreement, and authorize the City Manager to appoint the City's representative to the Program Review Committee. I Gary Cadd stated his belief that the City Council should make appointments. Following Council discussion, A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Dickerson, to approve the Master Participation Agreement as presented, authorize the Mayor to sign the agreement, and authorize the City Manager to appoint the City's representative to the Program Review Committee. The Vote: Unanimous Ayes RESOLUTION - Grant Application in support of Thermal Energy Storage Development [G-IOO-170/E-120] Electric Utility Director Hauser recalled that in July 2009, Council approved the purchase and installation of 50 Ice Bear energy storage units from Ice Energy. Since that time, American Recovery and Reinvestment Act (ARRA) monies have become available through various agencies, including the California Energy Commission (CEC). Mr. Hauser explained that Redding Electric Utility (REU) has an opportunity to participate in a public power collaborative effort with the Southern California Public Power Authority (SCPP A) and Ice Energy to acquire ARRA funding for a unique ice storage program under the CEC's area of commercial/municipal building energy efficiency improvements. I Mr. Hauser proposed that the City pursue ARRA funding in the amount of $1.4 million towards the purchase of 425 combination air conditioning/Ice Bear thermal storage units that, after installation, is projected to result in a peak load reduction of approximately 3,000kW. Stimulus funding would require participating utilities to provide separate funding for the purchase and installation of the Ice Bear thermal storage equipment, calculated to be approximately $6 million for 425 units. Council Member Jones expressed concern about the matching funding requirement, questioned whether using reserves or financing would be better, and stated reluctance to commit to the local match. Mr. Hauser opined that financing would provide the benefit of spreading the cost over the life of the units and that if the feasibility of the proposal did not materialize, the City may withdraw its application or reject the grant funds, without cost. Mr. Hauser recommended that the City Council adopt a resolution authorizing REU to participate with SCPP A and Ice Energy in a statewide grant application for thermal energy storage. Following Council discussion, I A MOTION WAS MADE by Council Member Stegall, seconded by Council Member McArthur, to adopt Resolution No. 2009-193, a resolution of the City Council of the City of Redding, authorizing Redding Electric Utility's participation in a statewide grant application in support of thermal energy storage development and submission ofa "place-holder" grant application to the California Energy Commission for American Recovery and Reinvestment Act grant funding for commercial and municipal building efficiency improvements, with the understanding that prior to any purchase of Ice Bear units, Redding Electric Utility would come back to City Council for funding authorization. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, McArthur, Stegall, and Bosetti Council Members - Jones Council Members - None Council Members - None 11/17/2009 280 Resolution No. 2009-193 is on file in the Office of the City Clerk. ORDINANCE - Amending Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations) by adding Chapter 6.12 (Medical Marijuana Cooperatives and Collectives) [M -020/C-ll 0-1 00/L-070] City Attorney Duvernay reintroduced Ordinance No. 2445, amending Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations) by adding Chapter 6.12 (Medical Marijuana Cooperatives and Collectives) relating to permitting and regulation of medical marijuana cooperatives and collectives. Mr. Duvernay relayed that he had met or spoken to collective owners; qualified patients; the District Attorney (DA); law enforcement personnel; other city attorneys, including the Anaheim City Attorney who has been before the appellate court regarding banning dispensaries and cooperatives; and Don Duncan, a spokesperson for "Americans for Safe Access", a leading medical marijuana advocacy group in California, as well as their attorney. I Mr. Duvernay opined that regulation is necessary and appropriate, as defined by Proposition 215, SB420, and the Attorney General's guidelines, to separate legitimate use from illicit/recreational use of marijuana. He provided information from the noted documentation, outlining legitimate not-for-profit operations and from records showing large profits from black market sales. Mr. Duvernay provided examples of other police-regulated businesses with high potential for criminal involvement, such as pawnshops, cardrooms and casino rooms, and asserted the necessity of law enforcement's participation and oversight of medical marijuana cooperatives/collectives. Mr. Duvernay described the proposed changes to the ordinance that failed to pass at the City Council meeting of October 26, 2009, and the rationale used to determine appropriate regulations in great detail, as outlined in the Report to City Council dated November 17, 2009, which were the results of many hours of research by the Police Chief and himself. City Attorney Duvernay recommended that the City Council find that the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) since it is not a project as defined by CEQA, approve Ordinance 2445 amending Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations) by adding Chapter 6.12 (Medical marijuana Cooperatives and Collectives) relating to permitting and regulating medical marijuana cooperatives and collectives, and offer the ordinance for first reading by title only, waive the full reading, and authorize the City Clerk to publish a summary ordinance. I Responding to Council Member McArthur, Mr. Duvernay stated that existing storefront collectives would be allowed to continue to operate in current locations, but would be requiredto have a valid permit and to comply with the ordinance provisions. He advised that Council would be asked to extend an existing moratorium on new cooperatives/collectives to allow time for the ordinance to be ~dopted and become effective. Police Chief Hansen stated that the City Attorney's office and his staff had spent approximately 50 hours each to prepare the ordinance thus far, and that establishment and enforcement of an ordinance would require additional staff time going forward, which will be significant to ensure compliance with the ordinance. Council Member Jones questioned the Redding Police Department's (RPD) role ifthe local DA chose to prosecute under federal law, to which Police Chief Hansen responded that the local DA could not prosecute under federal law, that the United States Attorney's office in Sacramento would .have jurisdiction, and that RPD would cooperate with federal drug enforcement agency investigations if so asked. Hillary Criner, Phillip Tracy, Natalie Fuellenbach, Sean Merritt, and Kim Millett voiced concerns regarding specific aspects of the proposed ordinance and the overall issue of medical marijuana citing: redundant recommendation verification process and associated costs; dosing recommendation requirements; limitations on the number of collectives a person can be a member of; abuse by police; common wall restriction; police oversight of and access to collectives' operations and patient and financial records; and the elimination of clone availability from cooperatives and/or collectives. I Doug Bennett, Zachary Kamla, J ames Silva, Tina Hitchcock, Randy Bright, Michael Cheso, Cindy Diezsi, Valerie Rose, Samuel F oy, and Jim Hamilton favored the proposed ordinance, 11/17/2009 281 citing that: existing legislation has already defined allowable use of medical marijuana (mm); the City can be a model; regulation is better than enforcement; all other prescription drugs are regulated and controlled; behavior of mm patients is unacceptable; verification of mm recommendations is necessary and reasonable; young and vulnerable minds need to be protected; marijuana is a powerful drug and is not safe; legitimate dispensaries are responsible; legitimate patients need access to needed medicine; and the overnight cash limit is a needed checks and balances method. I James Benno, Frank Augusta, Steven Gasparas, and Gary Rouac opposed the proposed ordinance, citing the following reasons: cannabis is a legitimate herbal medicine; the City Council is not qualified to determine medical needs; guidelines already exist; alcohol and cigarette use is out of control but left unaddressed; plant limits will not work; ordinance is not well-written or ready for adoption; a lack of knowledge about marijuana and the marijuana community; and that citizen oversight committee or code enforcement would be better than police department oversight. Council Member Stegall expressed appreciation for staff's efforts and questioned what consensus, if any, discussions with collective owners had yielded and why the proposed ordinance disallowed any clones. Mr. Duvernay relayed that most people he had talked to generally supported a regulatory approach over a prohibitive approach. He affirmed that the City Council had been given all applicable regulations and guidelines and clarified that the intention of the ordinance was not to preclude members of a collective from sharing clones amongst themselves or impair the ability of qualified patients from growing their own medicine, but to preclude sale of plants and/or product from a storefront location, because that cannot be correlated with a recommendation from a doctor, which is what legitimizes medicinal marijuana use. Ms. Stegall asked if code enforcement or planning department staff might be used to oversee collectives, rather than law enforcement. I The City Attorney responded that there is a criminal element that operates peripherally to legitimately run collectives and opined that the police department has the most qualified city personnel to dete~ine appropriate action, also stating that Council consensus would determine how oversight and enforcement was delegated. Police Chief Hansen confirmed that illicit activity is a problem and noted that police department personnel already possess experience discerning legitimate medicinal use from recreational possession/use and that RPD has the existing ability to run background checks as well as other functional advantages, and would be open to transferring oversight of collectives if/when a determination was made to do so. Council Member Jones generally agreed with regulatory aspects of the ordinance, but stated he would not support it due to conflict with federal law. Council Member McArthur supported an ordinance, but expressed some reservation about adopting an ordinance while the issue was still in flux within the state and court system, and expressed concern over the amount of time and money that the police department will be required to spend to enforce the ordinance. I Council Member Dickerson stated he fully supported the ordinance as it was written, that the law must be followed (an ordinance is a local law), that police are the best personnel to enforce laws, that marijuana is a drug, and violations of an ordinance cannot be allowed. Council Member Stegall supported the ordinance and stated the need to move forward, opining that, due to significant research and careful crafting by city staff, this ordinance may be used as a model throughout the state. Mayor Bosetti stated that the intent of the ordinance is to eliminate abuse, not restrict legitimate use, and suggested setting a time certain for reviewing the ordinance. e.g., iri six months. 11/17/2009 282 A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member Stegall, to find that the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA) since it is not a project as defined by CEQA; to approve Ordinance 2445, an ordinance ofthe City Council ofthe City of Redding, amending Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations) by adding Chapter 6.12 (Medical Marijuana Cooperatives and Collectives) relating to permitting and regulating medical marijuana cooperatives and collectives, with a review in six months; and to offer the ordinance for first reading by title only, waive the full reading, and authorize the City Clerk to publish a summary ordinance. The Vote: AYES: Council Members - Dickerson, Stegall and Bosetti NOES: Council Members - Jones, McArthur ABSTAIN: Council Members - None ABSENT: Council Members - None I City Attorney Duvernay read the full title ofthe ordinance. CLOSED SESSION At the hour of 1 0: 11 p.m., Mayor Bosetti announce that Council would reconvene to closed session to discuss: Closed session pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director Speer Employee Organizations: All Represented and Unrepresented Employees [P-I00-050] Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 855 Cypress Avenue (Assessor's Parcel Number 102-490-012) Agency Negotiators: City Manager Starman Negotiating Parties: City of Redding and Chris Haedrich Under Negotiation: Price & Terms [C-070] I Closed session pursuant to California Government Code Section 54956.9(c): CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation One Potential Case [L-I00] REPORT OF CLOSED SESSION ACTION(S) At the hour of 11: 1 0 p.m., Mayor Bosetti reconvened the Regular meeting to open session and reported that no reportable action was taken on any item under discussion. ADJOURNMENT There being no further business, at the hour of 11: 11 p.m., Mayor Bosetti declared the meeting adjourned. APPROVED: ~tlfi;;;;2 Mayor - I ATTEST: rvaroJ,,~ Deputy City Clerk 11/17/2009