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HomeMy WebLinkAboutMinutes - City Council - 2009-12-01 283 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California December 1, 2009 6:00 p.m. The Pledge of Allegiance to the Flag was led by Kent Dagg. I The Invocation was offered by Police Chaplain Jim Holdridge. The meeting was called to order by Mayor Bosetti with the following Council Members present: Dickerson, Jones, McArthur, and Stegall. Also present were City Manager Starman, Assistant City Manager Tippin, City Attorney Duvernay, Development Services Director Hamilton, Transportation and Engineering Director Crane, Executive Assistant Stockwell, and Executive Assistant Grimm. ------------------- REORGANIZATION OF THE CITY COUNCIL - Selection of Mayor, Vice Mayor, and Mayor Pro Tempore [A-050-060] A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Dickerson appointing Vice Mayor Jones to the office of Mayor, Mayor Pro Tempore McArthur to the office of Vice Mayor, and Council Member Dickerson to the office of Mayor Pro Tempore, for one-year terms expiring December 2010. The Vote: Unanimous Ayes. I PRESENTATION - Mayor's Gavel Plaque [ A-050-060-450] On behalf of the City Council, Mayor Jones presented Mayor Emeritus Bosetti with a Gavel Plaque in recognition and appreciation of his service as Redding's Mayor from December 2008 to December 2009. RESOLUTION - Commending Virginia Holmes [B-080-465] Community Services Director Niemer recognized Virginia (Jenni) Holmes for 15 years of dedicated service to the community through her work with the Shasta County Arts Council. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Bosetti, adopting Resolution No. 2009-194, a resolution of the City Council of the City of Redding, commending Ms. Holmes for her outstanding service. The Vote: Unanimous Ayes Resolution No. 2009-194 is on file in the Office of the City Clerk I PRESENTATION - Mayor's Certificate of Recognition honoring Fran Brady [A-050-060-600] Mayor Jones presented the Mayor's Certificate of Recognition to Fran Brady for 21 years of outstanding service to the community through her work as President of Shasta County Citizens Against Racism (SCCAR). Police Chief Hansen acknowledged the important work that Ms. Brady and SCCAR had done to fight injustice at all levels and to support members of the community that needed assistance. Community Services Director Niemer noted that Ms. Brady was involved with starting the Martin Luther King Center and thanked her for her support during the transition of the Center to City operations. ------------------- 12/1/2009 284 CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular and Special meetings of November 17,2009 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. 10, for check numbers 878775 through 879049, inclusive, ACH Transfer numbers 6361 through 6409, inclusive, and Wire Transfer numbers 1799 through 1828, inclusive, for a total of$14,878,212.00 for the period of November 14,2009, through November 30,2009; and Payroll Register No.1 0, for electronic deposit transaction numbers 267794 through 268625, inclusive, and check numbers 545145 through 545254, inclusive, in the amount of $2,713,990.21 for the period November 1,2009, through November 14, 2009. TOTAL: $17,592,202.21 I Treasurer's Report - October 2009 and Annual Statement of Investment Policy No. 408 [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 October 2009 and the annual statement of Investment Policy No. 408. Total Treasurer's Accountability $128,120,208.54 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $231,173,438.07 Proiect Status Report [A-050-080] It is the recommendation of the City Manager that the City Council accept the Project Status Report for the month of November 2009. Redding Redevelopment Agency - 2008-09 Comprehensive Annual Financial Report and required annual reports [R-030-075] It is the recommendation of the Assistant City Manager that the City Council accept Redding Redevelopment Agency's 2008-09 Comprehensive Annual Financial Report and required annual reports to the State Controller as presented. I Memorandum of Understanding - Shasta Regional Community Foundation (SRCF) related to Redding Affordable Housing Fund [L-OI0-005] It is the recommendation of the Assistant City Manager that the City Council approve the Memorandum of Understanding between the City of Redding and Shasta Regional Community Foundation (SRCF) related to SRCF's role in disbursing the City's portion of the Redding Affordable Housing Fund. License Agreement - Regents of the University of California [C-070-100/W-OI0-560] It is the recommendation of the Support Services Director that the City Council approve the renewal of the license agreement with the Regents of the University of California for a term of five years, for approximately 280 acres of pastureland immediately north of the Sacramento River, adjacent to the Stillwater Wastewater Treatment Plant, to evaluate the economic and performance advantage of wintering beef cattle from the California Northeastern Plateau in the Sacramento Valley. Resolution - Waiving the 60-day notification requirement for establishing a county facility in the City [A-050-055-700] It is the recommendation ofthe Development Services Director that the City Council adopt Resolution No. 2009-195, a resolution of the City Council of the City of Redding, granting Shasta County's request to waive the 60-day noticing requirement, pursuant to Government Code Section 25351, as related to 2486 Progress Drive. I 12/1/2009 285 Notice of Completion - Bid Schedule No. 4205, 115/13.8kV switchyard expansion 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 accept the subject construction contract, performed by Wagner Electric, as satisfactorily compete and that the City Clerk be authorized to file a Notice of Completion with the Shasta County Recorder. Final cost was $1,176,424. I Monthly Financial Report -Redding Electric Utility for October 2009 [B-130-070] It is the recommendation of the Electric Utility Director-that the City Council accept the Redding Electric Utility's Monthly Financial Report for October 2009. Billed retail revenue through October was $300,382 or 0.8% above projections for the four-month period and wholesale power sales were $12,716,220 or 180.9 % above projections. Overall, operating revenue through October came in $13,154,357 or 30.1 % above plan. The combined costs for generation, purchases from the Western Area Power Administration, contracts, and the spot market were $13,425,849 or 48.9% above budget projections through October. Total operating expenses for October were $1,223,068 or 13.4% below budget. The Utility's net operating results for the first four months of the fiscal year are positive, as anticipated, and are $951,575 better than budget projections. Capital expenditures through October were $1,390,559 forrevenue-funded projects and $12,656,164 for bond-funded projects, most of which is for construction of the Redding Power Plant Generating Unit No.6, which is on schedule and within budget. First Amendment to Consulting and Professional Services Contract - Power Engineers, Inc. [E-120-150-676] It is the recommendation of the Electric Utility Director that the City Council authorize the Mayor to execute an amendment to Contract C-4808 with Power Engineers, Inc., to increase the contract amount from $2,791,212 to $3,300,000 for professional consulting design services for the Redding Power Plant Generating Unit No.6 project. I Grant - Staffing through the Adequate Fire and Emergency Response program [G-I00-070/P-150-070] It is the recommendation of the Fire Chief that the City Council authorize the Fire Chief to apply for a grant from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) Grant Programs Directorate (GPD), in the amount of $327,000 per year (for two years) to fund three positions through the Staffing for Adequate Fire and Emergency Response (SAFER) program. Monthly Financial Report - General Fund for October 2009 [B-130-070] It is the recommendation of the Finance Director that the City Council accept the General Fund's Monthly Financial Report for October 2009. Total revenue to date is $13.1 million or $635,537 (4.7%) below staffs cash flow projection. Expenditures a~ month end, excluding encumbrances, total $22,900,902 or $2,120,894 (8.5%) below staffs projection. Encumbrances total $2,269,415. I Award of Bid - Bid Schedule No. 4295 (Job No. 2198), Clear Creek Wastewater Treatment Plant Rehabilitation and Expansion project, Bid Package No.6 [B-050-020/W -010-450] It is the recommendation of ~he Transportation and Engineering Director that the City Council award Bid Schedule No. 4295, to Auburn Constructors, Inc., in the amount of $8,749,300 contingent upon receipt of Approval of Award by the State Water Resources Control Board and contractor fulfillment of the Disadvantaged Business Enterprise "Good Faith Effort" process; that an additional $150,000 be approved for administration and inspection fees; and that $ 875,000 be approved to provide construction contingency funding, for a total of$9,774,300. 12/1/2009 286 Notice of Completion - Bid Schedule No. 4196 (Job No. 2299), Butte Street Water Main Replacement project [B-050-020IW -030-725] It is the recommendation of the Transportation and Engineering Director that the City Council accept the subject construction performed by Sierra National Construction, Inc., as satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder. Final cost was $622,298. Oasis Road Interchange Project Report [G-030-110/E-050] It is the recommendation of the Director of Transportation and Engineering that the City Council authorize the Director of Transportation and Engineering to recommend that Caltrans District 2 approve the Oasis Road Interchange Project Report. I Resolution - Shasta View Drive Roundabout Project [B-130-070/T -080-400/S-070-1 00-700] It is the recommendation of the Transportation and Engineering Director that the City Council adopt Resolution No. 2009-196, a resolution of the City Council of the City of Redding, approving the 10th amendment to Budget Resolution No. 2009-61, appropriating Traffic Impact Fee (TIF) funding for right-of-way and appraisal services for the Shasta View Drive Roundabout project. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Bosetti, adopting Resolution No. 2009-196, a resolution of the City Council of the City of Redding, approving the 10th amendment to Budget Resolution No. 2009-61 appropriating Traffic Impact Fee (TIF) funding for right-of-way and appraisal services for the Shasta View Drive Roundabout project. The Vote: AYES: Council Members - Dickerson, McArthur, Stegall, and Bosetti NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution - Western Area Power Administration (W AP A) contracts related to Foregone Central Valley Project Generation [W -030-600/E-120-900] It is the recommendation of the Municipal Utilities Director that the City Council adopt Resolution No. 2009-197, a resolution of the City Council of the City of Redding, designating the City Manager and Director of Municipal Utilities as authorized representatives to amend Western Area Power Administration contract number 92-SAO- 18001 (C-2961), and for future contract amendments, to provide compensation to WAPA for Foregone Central Valley Project Generation. I A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Bosetti, that the foregoing items on the Consent Calendar be approved and adopted as recommended, with the exception of the item approved by separate vote as indicated above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Jones, McArthur, Stegall, and Bosetti Council Members - None Council Members - None Council Members - None Resolution Nos. 2009-194 through 2009-197 are on file in the Office of the City Clerk. I LETTER - Larry J. McKinney, Simpson University President, regarding the 20th anniversary of the Redding campus [E-060-700/ A-050-060] Mr. Larry McKinney recalled that Simpson College moved from South San Francisco to Redding in 1989 and has grown to an 85-acre, fully-credentialed university campus. Mr. McKinney thanked the Council and staff for all the years of support and cooperative efforts towards making Redding a wonderful place to live. 12/112009 287 LETTER - Kent Dagg - regarding the "Redding's Radical lOin' 10" committee [A-050-060] Mr. Kent Dagg, Shasta Builder's Exchange CEO, introduced the committee participants, as outlined in a PowerPoint presentation and incorporated herein by reference, and stated that the consensus of feedback he had received was that "doing something is better than not doing anything at all, and the ten ideas are a good start". Several committee members presented ten ideas, providing information on what, how, when, and the benefit/feature of each, as detailed in the slide presentation. I Council Member Stegall asked Mr. Dagg to clarify his expectations for this meeting. He .responded that he understood that no decisions would be made immediately, restating the intent to only present ideas for Council's consideration and further direction. Mr. Jerry Wagar, Ochoa and Shehan Builders President, presented idea number one: "Money for a Newly Constructed Home!" suggesting expansion of the City's Down Payment Assistance program for new home construction and idea number two: "Repair Your House Now!" suggesting expansion of the City's residential rehabilitation program for existing homeowners. Council Members Dickerson and Stegall expressed frustration over th~ lack of any detailed information being provided for Council's review prior to the meeting. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Dickerson, tabling this item to the next Council meeting to allow the Council to be provided with written materials for consideration and be more prepared to discuss the ideas and make decisions. Council Member Bosetti stated that he supported job creation and needed more details to consider any of the ideas. I Council Member McArthur stated her interest in hearing the ideas briefly. Mr. Wagar requested that Council allow the committee to quickly introduce each idea and then give direction to determine continuing discussion points, so that the committee could provide greater detail on only ideas that Council endorsed and not waste time on ideas they would not even consider. Mayor Jones stated that no decisions could be made until a proper staff report had been submitted to the City Council, however, he supported hearing the ideas succinctly at this meeting. Motion was withdrawn. Ryan Denham presented idea number three: "First Lot Free in Stillwater Business Park", and idea number four: "Partner Up!" suggesting that the City partner with developers to build on surplus City property sites. Mr. Denham also suggested that the Council interface with the committee at a workshop, so that ideas could be exchanged and guidance for report preparation could be provided. I Tracy Edwards presented idea number five: "Clean Up the Town" suggesting that a civilian conservation corp comprised' of fifteen local youths could be hired to complete local environmental projects that would not otherwise be done, and be paid through the SMART Resource Center with American Recovery and Reinvestment Act funds. Kent Dagg presented idea number six: "Sales Tax" suggesting that a one-year, one-percent sales tax increase and a list of dedicated infrastructure projects that would benefit from the resulting revenue be added to the June 2010 primary. Maureen Gaynor presented idea number seven:"Growing a Revenue Source" suggesting an exclusive City-owned-and-operated medical marijuana dispensary and putting a measure on the June 2010 ballot to impose a special tax on medical marijuana sales. Marie Whitacre presented idea number eight suggesting a business incubator program offering free rent for one year to new businesses or expansions that create new jobs. 12/1/2009 288 Mary Machado presented idea number nine suggesting the creation of a local venture capital program dedicated to local business purposes. Frank Strazzarino presented idea number ten suggesting the expansion of the "Shop Redding" campaign with a drawing that makes every person who buys a new car or truck in the first six months of2010 eligible for a $10,000 prize. City Manager Starman recommended that Council conduct a workshop with staff and the "Radical 10 in '10" committee in January 2010. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, to conduct a workshop in January 2010. The Vote: Unanimous Ayes I Council Member Dickerson opposed idea number seven and stated that cost and funding source information was needed for all ideas. PUBLIC HEARING - to consider a Resolution to amend the 2009-10 Action Plan, and authorize the City Manager or his designee to sign all necessary documents relative to Community Development Block Grant (CDBG) funds and Home Investment Partnerships (HOME) program, and to forward the amended Action Plan to the U.S. Department of Housing and Urban Development (HUD) [G-1 00-030-1 00/G-1 00-030-054/G-1 00-075] Assistant City Manager Tippin reviewed the highlights of the Report to City Council dated December 1, 2009, stating that one of the City's proposed projects was not approved by the U.S. Department of Housing and Urban Development (HUD), and, therefore, $200,000 of CDBG funding can be redirected to alley improvements in the Parkview Neighborhood that are needed to complete projects in that target neighborhood. The hour of7:00 p.m. having arrived, Mayor Jones opened the public hearing. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing I No protests were received. Mayor Jones 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 McArthur, adopting Resolution No. 2009-198, a resolution of the City Council of the City of Redding, amending the 2009-10 Action Plan, authorizing the City Manager or his designee to sign all necessary documents relative to Community Development Block Grant (CDBG) funds and Home Investment Partnerships (HOME) program, and forwarding the amended Action Plan to the U.S. Department of Housing and Urban Development (HUD) The Vote: Unanimous Ayes Resolution 2009-198 is on file in the office of the City Clerk. OLNEY CREEK FLOODPLAIN - Status report related to Federal Emergency Management Agency (FEMA) action on the remapping ofthe Olney Creek floodplain [F-200-090] Council Member McArthur recused herself from this item, stating that she owned property affected by the FEMA action. I Development Services Director Hamilton updated the Council on the status of the Federal Emergency Management Agency's (FEMA) Flood Map Modernization effort, which resulted in the de-certification of the Olney Creek levee because it does not meet FEMA's revised standards. Mr. Hamilton provided a PowerPoint presentation highlighting background information ofthe levee, FEMA actions, projected flood water levels, and the area impacted by the new Digital Flood Insurance Rate Map (DFIRM) program. Mr. Hamilton recommended that the City Council accept the Report to City Council dated December 1, 2009, related to FEMA action on the remapping of the Olney Creek floodplain 12/1/2009 I I I 289 resulting from the decertification of the Olney Creek levee and stated that detailed engineering and hydrologic analysis is needed before decisions can be made regarding solutions to the inadequacy of the Olney Creek levee. Responding to Council Member Stegall's question, Mr. Hamilton submitted that federally backed mortgage lenders will require flood insurance on properties that lie within the new DFIRM area; reduced rates may be available if insurance is purchased prior to the official FEMA remapping and may be transferable to future property owners. Mayor Jones commented on the possibility of a special assessment district, engineering cost estimates, and solution-oriented efforts. Larry Sargent, Don Matlin, Donna Briggs, Dale Holman, Jack Ratledge, Candace Ratledge, FrankAmaru, Kelly Matlin, Collin Hammans, Barry Clause, Frank Studva, ShobhaPai, John Biendara, Sylvia Cates, Margie Barnes, Ed Gilmore, Cindy Moore, Jerry Wagar, Lyle Van Norman, Chuck Lynn, Phil George, and Gregg Duralia commented on this topic, with a consensus of opposition to the FEMA action and objections to resulting negative impacts on their properties; a petition to the City was submitted. Recognizing the need for more information to be acquired as quickly as possible, Council Member Stegall encouraged the Council to take action to protect homeowners in the floodplain and expressed support for consideration of a special assessment district. City Attorney Duvernay intetjected that levee maintenance will be challenging due to defining federal, state, local, and private flood control project responsibilities. Mr. Duvernay stated that current development standards that require easements did not exist when the Olney Creek levee was built, and it is not clear that the City owns the levee. Further Council discussion focused on defining responsibilities, estimated costs, funding sources, and making the levee adequate to prevent flooding. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Bosetti, to accept the Report to City Council dated December 1, 2009, relating to FEMA action on the remapping of the Olney Creek Floodplain resulting from the de-certification of the Olney Creek levee as meeting FEMA standards for floodplain protection. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Dickerson, Jones, Stegall, and Bosetti Council Members - None Council Members - McArthur Council Members - None Mayor Jones declared a five-minute recess at 8:45 p.m. RESOLUTION - Formally opposing California State Ballot Petition 09-0015, the "New Two- Thirds Vote Requirement for Public Electricity Providers - Initiative Constitutional . Amendment" [L-040-300] Electric Utility Resource Planner Hadley provided a PowerPoint presentation, incorporated herein by reference, describing the reasons that Redding Electric Utility opposes California State Ballot Petition 09-0015 and recommended that the City Council adopt a resolution declaring the City's formal position on the initiative. A MOTION WAS MADE by Council Member Stegall, seconded by Council Member Dickerson, to adopt Resolution No. 2009-199, a resolution of the City Council of the City of Redding, formally opposing California State Ballot Petition 09-0015, the "New Two- Thirds Vote Requirement for Public Electricity Providers - Initiative Constitutional Amendment". The Vote: Unanimous Ayes Resolution No. 2009-199 is on file in the office of the City Clerk. 12/1/2009 290 POLICE FACILITY - Select the property located at 4712 Mountain Lakes Boulevard as the preferred alternative for relocating the police facility, authorize staff to enter into negotiations to acquire the property, and direct staff to return to Council with alternative implementation options, including financing [C-070-01 0/ A-050-270] Assistant City Engineer Auckland provided a PowerPoint presentation, incorporated herein by reference, outlining the history of Council's direction relating to the Redding Police Department's (RPD) facility needs, options, sites, and costs. Mr. Aukland submitted an analysis and proposed retrofit costs associated with acquiring and converting a 22-year-old building located at 4712 Mountain Lakes Boulevard (previously occupied by KMS) to a police facility, along with panel recommendations and additional considerations. Mr. Aukland relayed staffs recommendation to select the Mountain Lakes property (the Property) as the preferred alternative for retrofitting and relocation ofthe Police Department, authorize staff to enter into negotiations to acquire the property, and direct staff to return to Council with alternative implementation options, including financing for the conversion of the existing facility and RPD relocation costs. I Mike Lusso, of Nichols, Melburg, and Rossetto Architects, described site layout, proposed modifications to the Property, and cost estimates. Vi Klaseen and Tina Hitchcock expressed opposition to purchasing the Property and retrofitting it for a police facility, stating that a new building would be better. Erin Salazar expressed support for the panel's recommendation to purchase and convert the Property to a police facility, preferring it over the West Venture site. Responding to Council Member Dickerson's question, Mr. Lusso explained that projections for a new building and a retrofit have similar life expectancies because a large ratio of costs are related to mechanical/electrical/security systems, which cannot be eliminated by doing a retrofit. Responding to Council Member McArthur's request, Police Chief Hansen addressed concerns about the Property's distance from central Redding and its capacity to be retrofitted to meet the long-term needs of the police department. Chief Hansen explained that officers respond to calls from their vehicles and the location of the main police facility should not impact response times, which is more dependent on staffing. He also explained that the police department is attempting to implement two new technological improvements to lessen the public's need to go to the police building for police/traffic accident reports (Crossroads) and to report crimes (CopLogic), which would be available as online services. Chief Hansen elaborated on the department's efforts to follow Council's direction to reduce costs for a critically-needed replacement facility and noted the trade-offs that would have to be made to accomplish that goal. Chief Hansen emphasized the importance of not trading one old, high-maintenance facility for another. I Council Member Stegall expressed concern about the lack of identified funding sources for a retrofit of the Property and the time line required for occupancy, and stated continued support/interest in a new building on the Cal-Fire property site, which is noted as option 5 in the Report to City Council dated December 1, 2009. Council Member Bosetti relayed his experience while visiting the city of Ontario, California, to tour a 20-year-old building that had been retrofitted for a police station, and his observation of the positive interaction/attitude of the officers that occupied it. Mr. Bosetti confirmed that response times were not dependent on the location of the police building and expressed support for moving forward on the purchase of the Property. I In response to Council Member Stegall, City Manager Starman affirmed that the City's ability to construct or retrofit a new police facility is dependent on the economic recovery driving revenue up, which will take an unknown number of years, but agreed that three-to- five years is a reasonable estimate. Mr. Lusso responded to Mayor Jones, stating that there were well-documented and unprecedented construction cost increases between 2004 and 2008, and that the proposed Property "front of the house" renovations were budgeted at $85 per square foot in today's dollars; "back-of-the-house" improvements were budgeted at $150 per square foot because there are no existing improvements. Mr. Lusso noted that substantial savings over 12/1/2009 291 construction costs for a new building (in 2009 dollars) can be realized by utilizing the existing concrete slab and exterior shel1. Mayor Jones expressed concerns about building costs, lack of identified funding sources, and deterioration of the Property while waiting for funding. Council Member McArthur asserted that going forward with negotiations for acquisition of the Property is a step in the right direction and favored staff s recommendation. I Council Member Stegall restated her unwillingness to commit to a sole option and urged staff to keep the Cal-Fire site as a viable alternative. Council Member Dickerson reiterated his support for a new building, expressing concern about spending nearly as much money on a 22-year old structure, which would not be in the best interest of the people and the police department for the long term. Responding to Mayor Jo~es, Chief Hansen answered that the best option would be to build a new police station, designed for police function from the ground up, at a location selected with operational needs as a priority. Recognizing monetary concerns, Chief Hansen stated that the Property is a reasonable alternative with certain advantages and disadvantages and that its purchase would not preclude selling it and building a new building at a later date. I A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Bosetti, to select the property located at 4712 Mountain Lakes Boulevard as the preferred alternative for conversion to a functional police facility to house Redding Police Department; authorize staff to enter into negotiations with the owner for possible acquisition of the property; and direct staff to return to Council with implementation options, including financing, for the conversion of the existing facilities and relocation ofRPD. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, McArthur, and Jones Council Members - Dickerson and Stegall Council Members - None Council Members - None ORDINANCE - 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, and find that the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA); [M -020/C-ll 0-1 00/L-070] City Attorney Duvernay stated that adoption of an ordinance is typically done from the consent calendar, but in the interest of public comment and Council discussion, it was scheduled as a discussion item this time. Sean Merritt, Mike Martinez, Doug Bennett, and Rob McDonald opposed the adoption of the ordinance. Joe Monday and Tina Hitchcock favored adoption of the ordinance. I A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member Stegall, to adopt Ordinance No. 2445, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations) by Adding Chapter 6.12 (Medical Marijuana Cooperatives a~d Collectives) relating to permitting and regulation of medical marijuana cooperatives and collectives, and find that the proposed action is not subject to the provisions of the California Environmental Quality Act (CEQA). The Vote: AYES: ' Council Members - Bosetti, Dickerson, and Stegall NOES: Council Members - McArthur and Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2445 is on file in the Office of the City Clerk. 12/1/2009 292 PUBLIC HEARING - To consider introduction and adoption of an interim Urgency Ordinance extending a temporary moratorium on the establishment of any medical marijuana collectives and/or cooperatives pursuant to Government Code Section 65858 [M-020/C-11O-100/A-050-060] City Attorney Duvernay introduced an interim Urgency Ordinance extending a temporary moratorium on the establishment of any new medical marijuana collectives and/or cooperatives for an additional 120 days and explained how state law governs urgency ordinances. Mr. Duvernay recommended adoption of the urgency ordinance. Mayor Jones opened the public hearing at 10:45 p.m. The following documents are on file in the Office of the City Clerk: I Affidavit of Publication - Notice of Public Hearing No protests were received. Tina Hitchcock and Steven Gasparas favored the extension of the moratorium. Mayor Jones determined that no other individual wished to address this matter and closed the public hearing at 10:51 p.m. A MOTION WAS MADE by Council Member Bosetti, seconded by Council Member Dickerson, to introduce and adopt Urgency Ordinance No. 2448, an ordinance of the City Council of the City of Redding, extending a temporary moratorium on the establishment of any new medical marijuana collectives, pursuant to Government Code Section 65858; and modified the period of extension from 120 days (as presented) to 180 days. The Vote: Unanimous Ayes City Attorney Duvernay read the full title of codified Ordinance No. 2448. Ordinance No. 2448 is on file in the Office of the City Clerk. I PUBLIC HEARING - to consider proposed adjustments to the City's Schedule of Fees and Service Charges; and RESOLUTION - to add a new fee to offset costs related to the processing of permits for medical marijuana collectives and cooperatives [F-205-600/P-150-150] Police Chief Hansen proposed changes to the City's Schedule of Fees and Service Charges (Schedule) specific to the Redding Police Department and related to Ordinance No. 2445. Chief Hansen recommended that the City Council approve a resolution to amend the Schedule as detailed in the Report to City Council dated December 1, 2009. Mayor Jones opened the public hearing at 10:55 p.m. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing No protests were received. Mayor Jones determined that no one present wished to address this matter and closed the public hearing at 10:56 p.m. A MOTION WAS MADE by Council MemberDickerson, seconded by Council Member Stegall, to adopt Resolution No. 2009-200, a resolution of the City Council of the City of Redding, amending the City's Schedule of Fees and Service Charges specific to the Redding Police Department and add a new fee to offset actual costs incurred related to issuance of a permit to operate a medical marijuana cooperative or collective based on the requirements established in Ordinance No. 2445. The Vote: AYES: Council Members - Bosetti, Dickerson, Stegall, and Jones NOES: Council Members - McArthur ABSTAIN: Council Members - None ABSENT: Council Members - None I 12/1/2009 293 Resolution No. 2009-200 is on file in the Office of the City Clerk. CLOSED SESSION At the hour of 10:55 p.m., Mayor Jones announced that Council would adjourn to Closed session to discuss: Pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Eggert v. City of Redding, Shasta County Superior Court, Case No. 163437 [L-I00] I Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Personnel Director Speer Employee Organization: Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Electric Employees and Maintenance Employees [P-I00-050-070] Pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 760 Cypress Avenue (Assessor's Parcel Number 102-410-033) and 2175 Civic Center Drive (APN 102-410-032) Agency Negotiators: City Manager Starman Negotiating Parties: City of Redding and Sterling Savings Bank/lntervest Mortgage Investment Company Under Negotiation: Price & Terms [C-070-010] I REPORT OF CLOSED SESSION ACTION(S) At the hour of 11 :45 p.m., Mayor Jones reconvened the Regular meeting to open session and reported that the City Council had authorized the full and final settlement of litigation in Shasta County Superior Court Case No. 163437, Eggert v. City of Redding, by payment of $77,500 to the Plaintiff (Agenda item 11A). No reportable action was taken on the two subsequent items (Agenda items lIB and 11C). ADJOURNMENT There being no further business, at the hour of 11 :46 p.m., Mayor Jones declared the meeting adjourned. ATTEST: I ~jmJ,^~~ Deputy City Clerk 12/1/2009