RED BLUFF

CITY COUNCIL

REGULAR MEETING MINUTES


DATE OF MEETING: May 2, 2006

TIME OF MEETING: Closed Executive Session: 6:15 P.M.

Regular Meeting: 7:00 P.M.

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL


Councilmembers Present: Andy Houghton, Mayor

Wayne Brown, Mayor Pro Tem

Forrest Flynn

Daniel Irving

Larry Stevens

Councilmembers Absent: None

Staff Present: John Blacklock, Interim City Manager

Richard Crabtree, City Attorney

Gloria Shepherd, City Clerk

Gerry Gray, Fire Chief

Al Shamblin, Police Chief

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

Mark Barthel, Public Works Director

Nik Reikalas, Parks & Recreation Director

Tessa Pritchard, Human Resources Director

J D Ellison Sr., Building Director/Official

Donna Gordy, City Treasurer


Jean Shackelford, Vice President of Nursing Administration at St. Elizabeth Community Hospital, led the Pledge of Allegiance at the request of Mayor Houghton and the Assemblage joined in.


CLOSED EXECUTIVE SESSION - 6:15 P.M.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Executive Session in accordance with Government Code Section 54956.8 –

Conference with Real Property Negotiators


Assessor’s Parcel Number 031-220-17

City Council gave direction to Property Negotiators.


2. CONFERENCE WITH LABOR NEGOTIATORS: Executive Session in accordance with Government Code Section 54957.6 for the purpose of instructing the City’s designated representative, Nickolaus and Haeg, Labor Negotiators and John Blacklock, Interim City Manager, and Tessa Pritchard, Human Resources Director, regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits with the Police Unit.

City Council gave direction to Labor Negotiators.


3. PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: Interim City Manager (Government Code Section 54957)

City Council moved this item to the end of the Agenda tonight due to time constraints.


CITIZENS COMMENTS

Councilmember Flynn welcomed his granddaughter to the City Council Meeting for her class project.



REGULAR MEETING – 7:20 P.M.


PROCLAMATIONS


TEHAMA COUNTY PEACE OFFICERS’ MEMORIAL DAY

Kurt Lampe received the Proclamation presented by Mayor Houghton proclaiming Wednesday, May 17, 2006 a day for recognition of the dedicated men and women who serve in the law enforcement profession. Flags located at City Hall and the Community/Senior Center will be flown at half mast in honor of all peace officers killed in the line of duty.

Kurt Lampe invited everyone to attend a memorial service on May 17, 2006 at 7:00 p.m. at Bethel Temple where the Peace Officers will be honored for their service.

VETERANS APPRECIATION MONTH

Buck Bordeau received the Proclamation presented by Councilmember Flynn proclaiming the month of May in the year 2006, as Veterans Appreciation Month in honor of the price paid and for placing themselves in harms way for the good of all. The Benevolent and Protective Order of Elks are committed to support and aid them through the Elks National Veterans Service Commission.

Buck Bordeau thanked the City Council for honoring those veterans who served the country as well as police and firemen and women that have been killed in action. He invited everyone to attend an event called “Countdown for all homeless Veterans” at the fairgrounds on May 29, 2006 to provide them with clothes and meals.


MENTAL HEALTH MONTH IN RED BLUFF

Jean Shackelford received the Proclamation presented by Councilmember Brown proclaiming May 2006 as Mental Health Month in Red Bluff in order to raise awareness and understanding of mental health illness and provide community-based systems of mental health care for residents.

Jean Shackelford thanked the City Council on behalf of the Mental Health Board where she is the volunteer chair this year. They are showing the support and commendation of Mental Health Workers in the community.



BUILDING SAFETY WEEK 2006

J D Ellison Sr., Building Director/Official & staff, received the Proclamation presented by Councilmember Irving proclaiming May 7-13, 2006, as Building Safety Week and urged Citizens to participate in Building Safety Week activities and assisting efforts to improve building safety in the community.

J.D. Ellison commended all staff and he also invited everyone to view the display in the foyer displaying efforts of staff’s work towards safety efforts by the Building Department.


PRESENTATIONS


TABLETOP DISASTER TRAINING – MAY 18TH PRESENTATION BY FIRE CHIEF GERRY GRAY

Gerry Gray, Fire Chief, presented Tabletop Disaster Training information to be held on May 18, 2006. This drill will involve a simulated release of 40,000 gallons of anhydrous ammonia from a railroad car and this test is designed to test interagency coordination and communication.

Gerry Gray, Fire Chief, mentioned the passing of Robert Reynolds, Volunteer Fireman, who will be very missed and reminded everyone of the Memorial Service to be held on Thursday May 4, 2006.


INTRODUCTION OF TEMPORARY BUILDING INSPECTORS BY J. D. ELLISON, SR., BUILDING DIRECTOR/OFFICIAL

J D Ellison Sr., Building Director/Official, introduced temporary Building Inspectors, Chai Lor, and Cesar Ponce who were both interns prior to this hire date and recently graduated from Butte College on April 27, 2006 as Inspectors.


CONSENT CALENDAR

M/S/C Flynn Brown to pull items #3 & #5 for discussion and to pull #8 completely off and approve remainder of Consent Calendar

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


APPROVAL OF MINUTES

April 18, 2006

Approved 5-0-0



RESOLUTION NO. 32-2006 A RESOLUTION OF THE CITY OF RED BLUFF AUTHORIZING THE TEHAMA COUNTY SANITARY LANDFILL AGENCY TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT

AND

RESOLUTION NO. 33-2006 A RESOLUTION OF THE CITY OF RED BLUFF AUTHORIZING THE TEHAMA COUNTY SANITARY LANDFILL AGENCY TO SUBMIT A REGIONAL APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARDS FOR THE USED OIL BLOCK GRANT, 12TH CYCLE (FY 2006/07)

Approved 5-0-0

PROFESSIONAL SERVICES – CDBG AND HOUSING RELATED PROGRAMS AND PROJECT SERVICES

Councilmember Brown questioned whether the consultant would be covered by these grants and it was confirmed that it would be covered by the administration portion of the grants.

M/S/C Brown, Flynn to authorize staff to advertise for bid.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


EXTENSION OF BUSINESS FAÇADE IMPROVEMENT PROGRAM

Approved 5-0-0


PURCHASE OF PUMPS AND VALVES FOR THE RIVERSIDE LIFT STATION RETRO-FIT PROJECT

That the City Council approves the waiver of the bid process for the purpose of pumps, thereby enabling the City of Red Bluff to standardize the needs of the city for system uniformity, effective maintenance, cost effectiveness or similar purposes and allow the sole source purchase from Pacific Water Resources.

Councilmember Brown questioned whether this was not a general fund expense and it was confirmed that it was a sole source procurement.

M/S/C Brown, Irving to approve.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


STREET DEPARTMENT VEHICLE

Approved 5-0-0


ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER; TYPE 47 (ON-SALE GENERAL EATING PLACE); FULL SERVICE RESTAURANT WITH BAR; 500 RIVERSIDE WAY; RIVERSIDE BAR AND GRILL (NAME OF BUSINESS); CHRIS DITTNER (FIRST OWNER)

Approved 5-0-0


TIERED RATE – OPERATING ENGINEERS HEALTH AND WELFARE

That the City Council ratify the change to a tiered rate on the medical/prescription drug coverage provided by Operating engineers Health and Welfare effective January 1, 2006; as well as the Employee/Employer Rate Schedule on the attached document.

Pulled from the agenda.


NORTH STATE EMPLOYMENT RELATIONS CONSORTIUM

Approved 5-0-0


STREET CLOSURE, RESOLUTION NO. 27-2006 – DOWNTOWN RED BLUFF BUSINESS ASSOCIATION ANNUAL ART AND WINE FESTIVAL

Approved 5-0-0



DE-OBLIGATION OF FUNDS FEDERAL AID PROJECT – RPSTPLE-5052 (013) PEDESTRIAN AND BIKE TRAIL – REEDS/BRICKYARD CREEK

Approved 5-0-0


DESIGNATION OF RON YOUNG AS CITY ENGINEER/CITY SURVEYOR ON A ONE TIME BASIS FOR THE PURPOSE OF SIGNING AND STAMPING PARCEL MAP 05-52 AND AUTHORIZE THE FILING OF PARCEL MAP 05-52

Approved 5-0-0


CURRENT BUSINESS

The Red Bluff Daily News requested that item #6 be placed at the top of the Agenda for discussion.

SCHEDULING OF SPECIAL CITY COUNCIL MEETING FOR THE PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT AND PROJECT APPLICATIONS FOR THE WAL-MART SUPERCENTER PROJECT

Councilmember Irving recused himself from the meeting.

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council schedule a Special City Council meeting for the Wal-Mart Supercenter Project Public Hearing at the Community/Senior Center Auditorium on Thursday, June 8, 2006.

This date may conflict with the High School graduation and the Arts and Wine Event and it was recommended that the Council choose to alternate the date to July 12, 2006. A minimum of one Public Hearing is required and all of the paperwork could be prepared for the Council to take a final action in order to not delay this further. If it was approved then it would come back for a second reading for the zoning ordinance later.

M/S/C Flynn, Brown to move the Environmental Hearing to July 12, 2006 at the Red Bluff Community Center at 6:30 p.m.

AYES: Councilmembers: Brown, Flynn, Houghton and Stevens

NOES: None

ABSENT OR NOT VOTING: Councilmember: Irving (Excused)



RECRUITMENT FOR CITY MANAGER

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council authorize the City Manager to enter into a contract with Bob Murray and Associates to conduct an executive recruitment for the position of City Manager for the City of Red Bluff and approve a supplemental budget appropriation for $25,000 from 10-12-340-100.

M/S/C Flynn, Brown to authorize the City Manager to enter into a contract with Bob Murray and Associates to conduct an executive recruitment for the position of City Manager for the City of Red Bluff and approve a supplemental budget appropriation for $25,000 from 10-12-340-100.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS – MAY 17TH AND 18TH

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council review the legislative issues and take positions or provide other direction as appropriate.

Councilmember Stevens commented on supporting the Infrastructure Bonds that considers an amount of bond funding that would treat the more rural parts of the state fairly and not focus a disproportionate amount of bond funding toward the urban area of the state or toward narrowly focused infrastructure projects.

M/S/C Flynn, Stevens to approve supporting the Infrastructure Bonds.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None

The Telecommunications Reform Legislation was discussed and Councilmember Flynn felt that the non exclusive franchise would lessen the requirements for any operator and take away all control from any local entity.

M/S/C Houghton, Brown, to oppose AB2987 and support the Leagues recommendation with that.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None

Supporting Automobile Insurance Rates AB 2840 was discussed and Mayor Houghton mentioned that he didn’t trust these statewide rate studies that result in companies making money on the investments in the rural cities. He predicts that in order for other areas to get relief the rates in rural areas will go up as a result of the commissioners plan to study rates.

M/S/C Stevens, Flynn to support AB 2840 and draft a letter of documentation to be taken to the officials in Sacramento

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: Houghton

ABSENT OR NOT VOTING: None


ALLOCATION OF FUNDS FOR NEW CITY HALL SERVER

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation that the City Council authorizes a supplemental budget appropriation in the amount of $13,696 for the purchase and installation of software and equipment for a New City Hall Server. The cost will be split between the Building Department, Water, Wastewater and City Administration based on the number of current computers.

M/S/C Stevens, Irving to authorize a supplemental budget appropriation in the amount of $13,696 for the purchase and installation of software and equipment for a New City Hall Server.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


ORDINANCE NO. 968 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTER 24 SECTION 24.32-1 OF THE CITY CODE - WATER

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation that City Council waive the first reading and introduce Ordinance No. 968 – an Ordinance of the City Council of the City of Red Bluff Amending Chapter 24 Section 24.32-1 of the City Code – Water.

Richard Crabtree, City Attorney, suggested a couple of minor changes. He recommended that at the beginning of the second sentence it was suggested they add “prior to each annual rate adjustment, at a noticed public hearing”. It was also suggested that the word “further” be placed between the words “may” and “just” of the last sentence of the first paragraph.


M/S/C Brown, Stevens to waive the first reading and introduce Ordinance No. 968 – an Ordinance of the City Council of the City of Red Bluff Amending Chapter 24 Section 24.32-1 of the City Code – Water, and make the recommended wording changes and provide the updated language either in the minutes or a separate document.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


WATER RESERVOIR AND PIPELINE PROJECT CONSTRUCTION MANAGEMENT SERVICES, CONTRACT AMENDMENT NO. 7

Mark Barthel, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council approves Contract Amendment No. 7 for Construction Management services by Pace Civil in the amount of $23,000 and authorizes the expenditure from Fund 52-50-340-120.

Councilmembers discussed whether the obligation of the additional costs should be paid by the City or the Construction Company. The contract with PACE was a per hour contract with an estimate of the number of hours needed, but PACE exceeded that estimated time due to the length of the construction project due to unforeseen circumstances.

Councilmember Irving questioned whether there were provisions in the contract allowing for open ended contingencies or unforeseen events and asked what the total contract price was and suggested that the appropriate price for the City to

pay may be a compromise.

The Contract Manager, PACE, is there to represent the City and its best interest and the additional length of construction time is not due to them.

The Contract was not available at the meeting and could be brought back to a future meeting at the Councils direction.

Councilmember Irving suggested that this item be tabled until the City Attorney could review it and bring it back to a future meeting, although the Construction Management may choose to pull out due to the delay in payment.

M/S/C Irving, Stevens to table this item until the City Attorney could review it.

AYES: Councilmembers: Irving and Stevens

NOES: Councilmembers: Brown, Flynn and Houghton

ABSENT OR NOT VOTING: None


M/S/C Flynn, Houghton to authorize the payment.

AYES: Councilmembers: Flynn and Houghton

NOES: Councilmembers: Brown, Irving and Stevens

ABSENT OR NOT VOTING: None

This item is to be tabled until the contract is provided and reviewed by the City Attorney and City Council.

APPLICATION TO TEHAMA COUNTY LAFCO FOR THE CITY OF RED BLUFF SPHERE OF INFLUENCE (SOI) BOUNDARY MAP EXPANSION AND DEVELOPER FUNDING AGREEMENTS

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council:

1. Approve use of $1,000 from the Municipal Service Review budget allocation from the Development Impact Fee account to pay for the $1,000 LAFCO application fee for the City of Red Bluff Sphere of Influence boundary map expansion.

2. Direct the City Attorney and staff to prepare draft Agreements with the two developers to participate in funding of the MSR study and to bring back Draft Agreements to the City Council for approval at a future meeting.

City Council discussed this process and whether the City is committed to approving the project due to the payment of the $1,000 LAFCO application fee. The filing of an SOI boundary map expansion application, along with a $1,000 filing fee, will initiate LAFCO to solicit professional consultant proposals and bids to prepare a Municipal Service Review (MSR) study. The development projects are a cost burden to communities and it has become more common for the cities to ask for compensation from the development community to offset those costs or pay directly for those costs. This in no way buys them an approval for annexation but that will be reviewed on its own merits. The appearance of a fixed deal was a concern.

The option is that the City can put it out for bid proposals and choose whether the City wants to pay for it. Each of those applicants will on their own submit an application and will be looked at individually.

The other option is a long range planning toward the future rather than piecemeal of applications and does only one MSR through LAFCO benefiting other developers by being proactive rather than reactive.

Charlie Mullen, Planning Director, requested they initiate the application to have LAFCO go out and seek bids and bring it back to City Council and then continue the discussion about who would pay for it.

It may be possible to do some kind of recovery mechanism along with it or look at other City funding sources.

The City has the option to back out either way.

M/S/C Brown, Flynn to approve #1.

AYES: Councilmembers: Brown, Flynn, Houghton and Irving

NOES: Councilmember: Stevens

ABSENT OR NOT VOTING: None


ORDINANCE NO. 964 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTER 5 – CONSTRUCTION REGULATIONS OF THE RED BLUFF CITY CODE

J. D. Ellison Sr., Building Director/Official reviewed the staff report and gave staff’s recommendation that the City Council waive the first reading and introduce Ordinance No. 964 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 5 – Construction Regulations of the Red Bluff City Code.

M/S/C Flynn, Brown to waive the first reading and introduce Ordinance No. 964 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 5 – Construction Regulations of the Red Bluff City Code.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None


REQUESTING PERMISSION FOR AN ONSITE BURN DUMP MEETING WITH THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL

J. D. Ellison Sr., Building Director/Official That the City Council authorize the Building Director to proceed with the process required by the state in regards to the clean up process of the old city burn dump.

M/S/C Brown, Flynn to proceed with the process required by the state in regards to the clean up process of the old city burn dump.

AYES: Councilmembers: Brown, Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: None




COMMITTEE REPORTS/COUNCIL COMMENTS

Richard Crabtree, City Attorney, mentioned that he would be at the League of California Cities Attorney Conference where he will be taking 2 hours of Ethics Training and will be able to provide that information to City Council in an open meeting.

Mayor Pro Tem Brown mentioned that he got to go on a ride along with the City Police and that he enjoyed this experience and learned a lot.

Mayor Houghton attended the fund raiser for the Home for Hispanic Members play and had a great time.

Mayor Pro Tem Brown thanked City Manager John Blacklock and expressed appreciation for the numbered pages on the agenda.

At 9:15 P.M. Mayor Houghton adjourned the meeting to May 16, 2006 at 7:00 P.M., in the Red Bluff City Council Chambers and then resumed the continuation of the Closed Session.


s/b Andy Houghton, Mayor


ATTEST:

s/b Gloria Shepherd, City Clerk


CLOSED SESSION RESUMED

PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: Interim City Manager (Government Code Section 54957)

The City Council gave direction to the Interim City Manager.