RED BLUFF

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: June 20, 2006

TIME OF 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

Tessa Pritchard, Human Resource Director

J D Ellison Sr., Building Director/Official

Donna Gordy, City Treasurer


Laura Clark led the Pledge of Allegiance at the request of Mayor Houghton and the Assemblage joined in.



CITIZEN’S COMMENT

Jack Williams, Concerned Citizen, reminded the City Council that there was a new battle brewing over Lake Red Bluff and the endangered green sturgeon. He encouraged the City Council to get involved and save Lake Red Bluff.

Dr. Ronald Clark, DDS, commented that the sidewalk repair issue is causing problems for the buyers and sellers due to costly repairs.


CONSENT CALENDAR

M/S/C Brown, Flynn to pull item’s #14, #15, and # 19.

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

NOES: None

ABSENT OR NOT VOTING: None


REPORT REGARDING CONTRACT AWARDS – MAY 2006

Approved 5-0-0

APPROVAL OF MINUTES

JUNE 6, 2006 - REGULAR MEETING

Approved 5-0-0


RESOLUTION NO. 46-2006; A RESOLUTION AUTHORIZING WEEKLY STREET CLOSURE FOR THE “WEDNESDAY EVENING RED BLUFF FARMERS’ MARKET”

Approved 5-0-0


RESOLUTION NO. 47-2006; A RESOLUTION ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF RED BLUFF

Approved 5-0-0

ORDINANCE NO. 969; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF MODIFYING RED BLUFF CITY CODE CHAPTER 5 CONSTRUCTION REGULATIONS BY ADDING ARTICLE VII – DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS

Approved 5-0-0


ORDINANCE NO. 970; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF ASSUMING RESPONSIBILITIES FOR THE ENFORCEMENT OF DIVISION 13, PART 2.1 (COMMENCING WITH SECTION 18200) AND PART 2.3 (COMMENCING WITH SECTION 18860) OF THE CALIFORNIA HEALTH AND SAFETY CODE, THE MOBILEHOME PARKS ACT AND SPECIAL OCCUPANCY PARKS ACT AND TITLE 25, CHAPTER 2 (COMMENCING WITH SECTION 1000) AND CHAPTER 2.2 (COMMENCING WITH SECTION 2000) OF THE CALIFORNIA CODE OF REGULATIONS

Approved 5-0-0


ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER TYPE 21 (OFF-SALE GENERAL) AND TYPE 40 (ON-SALE BEER); CONVENIENCE MARKET WITH GASOLINE; 2370 MAIN ST.; ADOBE CHEVRON (NAME OF BUSINESS); EID OTHMAN (APPLICANT/OWNER)

Approved 5-0-0


ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER TYPE 21 (OFF-SALE GENERAL); CONVENIENCE MARKET WITH GASOLINE; 58 ANTELOPE BLVD; GAS 4 LESS (NAME OF BUSINESS); SANG SHUN SAM NG (APPLICANT/OWNER)

Approved 5-0-0


ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER TYPE 21 (OFF-SALE GENERAL); GROCERY MARKET; 460 ANTELOPE BLVD.; ANTELOPE HOLIDAY AND LIQUOR (NAME OF BUSINESS); SINGH JASBIR DEOL (APPLICANT/OWNER)

Approved 5-0-0



WASHINGTON STREET WATER LINE REPLACEMENT PROJECT

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 TRACT MAP 03-1000 AND AUTHORIZE THE FILING OF TRACT MAP 03-1000.

Approved 5-0-0


TRACT MAP 03-1000, ACCEPTANCE OF TRACT MAP AND DEDICATIONS

Approved 5-0-0


QUOTE FROM NCCSIF FOR BONDS

Approved 5-0-0


RESOLUTION NO. 44-2006 AND 45-2006 FIXING THE RATE OF TAXES NECESSARY TO RAISE REVENUE NECESSARY TO SUPPORT THE CITY OF RED BLUFF DEPARTMENTS FOR THE 2006-2007 FISCAL YEAR AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE RED BLUFF CITY DEPARTMENTS FOR THE 2006-2007 FISCAL YEAR

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 44-2006 and Resolution No. 45-2006.

This item appeared to raise taxes, but it was explained that this was standard language that is used every year. These are resolutions to set the amount of revenue shared by the City of Red Bluff and Tehama County.

M/S/C Irving, Brown to approve.

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

NOES: None

ABSENT OR NOT VOTING: None



SELECTION OF CONSULTANT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) PLANNING AND ANALYSIS

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council authorize the City Manager to finalize the contract for Professional Services – Geographic Information System (GIS) Planning and Analysis with ENPLAN.

The question was raised whether the consultant deals and contracts were carried out by the City Manager or the Finance Director and Margaret Van Warmerdam, Finance Director, explained that in order to be more consistent she would have the City Manager sign all of the contracts in the future as there is not a policy in place.

M/S/C Brown, Flynn to approve.

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

NOES: None

ABSENT OR NOT VOTING: None


SELECTION OF CONSULTANT FOR COMMERCIAL/INDUSTRIAL IMPACT ANALYSIS & GRANT APPLICATIONS

Approved 5-0-0


SELECTION OF WATER SUPPLIES ON-CALL LIST

Approved 5-0-0


EXTENSION OF CONTRACT FOR ECONOMIC DEVELOPMENT LOAN SERVICES WITH TRI COUNTY ECONOMIC DEVELOPMENT CORPORATION

Approved 5-0-0


SELECTION OF CONSULTANT FOR FIRE FACILITY FEASIBILITY STUDY

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council authorize the Finance Director to finalize the contract for Professional Services – Fire Facility Feasibility Study with Matrix.

The question was raised as to why after doing the feasibility needs list we wanted to spend 40,000 dollars to do a study to do the same thing again.

It was explained that by doing a study helps to qualify for funding, as they require feasibility studies. The study also help to evaluate location needs based on similar projects elsewhere and to take into consideration that it is an expensive proposition using tax payers money and to make sure that the City takes a serious look at the expense and maintains consistency.

M/S/C Brown, Irving to approve.

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

NOES: None

ABSENT OR NOT VOTING: None


AUTOMATED VOICE MESSAGING SYSTEM

Approved 5-0-0


MCGLYNN SWIMMING POOL STATUS UPDATE FOR JUNE ‘06

Approved 5-0-0


CURRENT BUSINESS

TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC HEARING AND RESOLUTION NO. 39-2006 – A RESOLUTION APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR SENIOR HOUSING PROJECTS TO BE OWNED BY A LIMITED PARTNERSHIP OR A LIMITED LIABILITY COMPANY IN WHICH MERCY HOUSING CALIFORNIA OR AN AFFILIATE WILL SERVE AS A GENERAL PARTNER OR MEMBER

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council:

1. Conduct the Tax Equity and Fiscal Responsibility Act (“TEFRA”) public hearing regarding the issuance of $23,720,000 of tax-exempt conduit bonds to refinance and rehabilitate Villa Columba Apartments – a 70 unit senior housing facility located at 460 Main Street, Red Bluff, CA 96080 with $3,190,000 of allocated costs and Mercy Riverside Manor – a 24 unit senior housing facility located at 230 Sycamore Street, Red Bluff, CA 96080 with $1,150,000 of allocated costs.

2. Adopt Resolution No. 39-2006 approving the Issuance of Tax-Exempt Bonds by the California Municipal Finance Authority for Senior Housing Projects to be Owned by a Limited Partnership of a Limited Liability Company in which Mercy Housing California or an Affiliate will serve as a General Partner or Member.

Mayor Houghton opened the Public Hearing at 7:18 p.m. and hearing no comments he closed the Public Hearing at 7:19 p.m.

Councilmember Irving asked where the money flow was coming from with this project and it was explained that the source was from private money of large institutional investors. This project would not affect the City financially and was solely financially responsible by Mercy Housing.

M/S/C Stevens, Flynn to approve both item # 1 and # 2.

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

NOES: None

ABSENT OR NOT VOTING: None


GREENWASTE OF TEHAMA REQUEST FOR CPI ADJUSTMENT AND FUEL SURCHARGE; RESOLUTION NOS. 49-2006 AND 50-2006

John Blacklock, Interim City Manager, reviewed the staff report and gave staff’s recommendation that the City Council:

1. Adopt Resolution No. 49-2006, A Resolution of the City Council of the City of Red Bluff adopting New Residential and Commercial Collection Rates Charged by GreenWaste of Tehama effective July 1, 2006.

2. Adopt Resolution No. 50-2006, A Resolution of the City Council of the City of Red Bluff amending the Agreement between the City of Red Bluff and Waste Connections of California, Inc., Successor in Interest to GreenWaste of Tehama, for Commercial Integrated Waste Management.

Joe Coradetti, District Manager Green Waste of Tehama, formally requested a CPI adjustment of 2.7 % to the current collection rate schedule for the service and an additional fuel charge to monthly rates.

Due to the show of a lack of financial growth and the inability to suspend service issues, Councilmembers considered the right to annually request a CPI increase by the contract with Green Waste and the City of Red Bluff. Research of other cities compared to this request showed that it was not an unusual request.

Alan Abbs, Landfill Manager, backed up the validity of this request by sharing similar requests compared to other jurisdictions. He also mentioned that the law that requires the pollution control retro fits have been costly to Green Waste but have not been charged back to the city, but have been absorbed by Green Waste. He also added that the CPI addresses fuel increases but not to the extent of increases in the consumer index price index developed by the Bureau of Labor that change on a monthly basis.

M/S/C Irving, Flynn to adopt Resolution 49-2006 and defer Resolution 50-2006 until the end of the contract June 30, 2007.

AYES: Councilmembers: Flynn and Irving

NOES: Councilmembers: Brown, Houghton and Stevens

ABSENT OR NOT VOTING: None

Mayor Houghton commented that these are real costs and not permanent for fuel increases and felt that at the time of the re-negotiation time they may take into consideration that we didn’t approve and disregard the City needs.

M/S/C Stevens, Houghton to approve both Resolutions 49-2006 and 50-2006.

AYES: Councilmembers: Brown, Flynn, Houghton and Stevens

NOES: Councilmember: Irving

ABSENT OR NOT VOTING: None


CONTINUED DISCUSSION OF DEVELOPER FUNDING PARTICIPATION PERTAINING TO THE MUNICIPAL SERVICE REVIEW (MSR) STUDY ASSOCIATED WITH THE CITY OF RED BLUFF SPHERE OF INFLUENCE (SOI) BOUNDARY MAP EXPANSION

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council considers the following MSR funding options for the MSR proposal cost of $66,400.00:

1. A 1/3 split (i.e. $22,133.33 each) between the City of Red Bluff, Duke Leggett, Alexander Leggett Development and Ron Moser, Tuscan Village Development; or

2. An alternative proportional or maximum City Contribution; or

3. Allocate full City funding of the MSR without any participation of the two developers.

4. If funding of the MSR involves some form of participation with the two developers, then the City Council should also direct the City Attorney and staff to prepare Agreements with the two developers to participate in funding of the MSR study and to bring back the Agreements to the City Council for approval at a future meeting.

Developers, Ron Mosier and Duke Leggett were present and although George Robson could not be present he conveyed that he endorsed both of the consultants present.

Both developers felt the 1/3 three way shares was fair and requested that the City proceed with this plan and go forward.

Duke Leggett mentioned that the one consultant bid estimate was about the same amount as the scope of work they signed off on and that after 25 years of experience and a previous affiliation with Pace he felt that this was a reasonable bid.

Mayor Pro Tem Brown verified that funds would be spread across impact fees in equal amounts and Councilmember Irving verified that the contract for funding of the MSR had no obligation to the City and that there would be no breech of contract as long as the City pays its portion.

Mayor Houghton mentioned that the developers originally were willing to pay the whole $70,000, but the City Council was opting to vote to pay for a third of this cost in order to be accountable to the public and feel better about themselves. He explained that the public wouldn’t be happier to find out the City could have had this same deal for nothing and that the City Council decision to pay for a third of it in order to look good for the public views was not logical. He mentioned that the developers could do this study at $66,000 without the City and yet now the City has a $22,000 cost.

Councilmember Stevens commented that he felt the City should pay the whole tab as he had a problem with SOI anyway. He explained that he was more in favor of paying 50% than a third.

Mayor Pro Tem Brown commented that because of the perception of the City gaining favors by this agreement he supported the third split and yet hates to see the City spend the $22,000.

Councilmember Irving felt that the City will benefit from the MSR being done and suggested the City put blinders on to the other issues.

M/S/C Flynn, Brown to approve items number 1 and 4.

AYES: Councilmembers: Brown, Flynn, and Irving

NOES: Councilmembers: Stevens and Houghton

ABSENT OR NOT VOTING: None


PUBLIC HEARING TO CONSIDER; ANNEXATION NO. 06-001 (CC RES. 42-2006); PREZONE/REZONE NO. 199 (ORD. 971) FOR R-1 SINGLE-FAMILY RESIDENTIAL, AND TTM 06-1007 (CC RES. 43-2006); MITIGATED NEGATIVE DECLARATION; APN: 31-210-35; SPRINGTIME LN./ALOHA ST.; GREY & SNOW (OWNER)

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

1. Conduct the Public Hearing.

2. Consider all public testimony and all other information relating to this project submitted to the Council.


3. Adopt Resolution No. 42-2006; Annexation 06-001 accepting and approving the annexation of uninhabited territory as described in Legal Description “A” and Legal Diagram “B” attached to and made part of Resolution No. 42-2006, and

4. Waive the first reading and introduce Ordinance No. 971; Prezone/Rezone No. 199, Rezoning of the Zoning Map, and

5. Adopt Resolution No. 43-2006; Tentative Tract Map 06-1007 (TTM-06-1007) with the findings and conditions of approval shown in Resolution No. 43-2006.

Mayor Houghton opened the Public Hearing at 8:12 p.m.

Don Shearing, applicant representative, thanked the City staff for all of their input for the best use and design for this project.

Mayor Houghton closed the Public Hearing at 8:13 p.m.

Councilmember Irving commented that he felt this extension could set a standard for sprawl and an impact on traffic and density requirements and it was explained by Charlie Mullen, Planning Director, that this site is not a breaking point of impact to the City Zone.

M/S/C Brown, Flynn to approve item # 3, # 4 and # 5.

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

NOES: None

ABSENT OR NOT VOTING: None

A 5 Minute Break was taken at this time.


DEVELOPMENT IMPACT FEE PUBLIC HEARING – ORDINANCE NO. 965 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTER 17 OF THE CITY MUNICIPAL CODE, DEVELOPMENT IMPACT MITIGATION FEES

Mark Barthel, Public Works Director, reviewed the staff report and gave staff recommendation that the City Council:

1. Conduct the public hearing.


2. Direct staff as necessary to address the public hearing comments.

3. Waive the first reading and introduce Ordinance No. 965 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 17 of the City Municipal Code, Development Impact Mitigation Fees.

Mayor Houghton opened the Public Hearing at 8:32 p.m.

Ron Clark DDS, commented on the work in progress and the disagreements and still felt the numbers didn’t make sense but that there was justification to adopt certain fees. He felt that growth projections were steep and he felt it was ludicrous to overestimate when there were places in the study found to overlap and that costs will become outdated in the end. He felt that adoption of the fee schedules are probably reasonable and encouraged the City Council to adopt it.

Mayor Houghton closed the Public Hearing at 8:35 p.m.

Mayor Pro Tem Brown commented on two corrected pages of the study that included the Fire Facilities Analysis and the Road Construction items and his concerns that as development comes in they have to develop half the road and the remainder of impact fees was to go to infrastructure and improvements to the freeway span. The concern was that there would be no double dipping to complete the transportation system and the fees were there to complete the transportation system and didn’t want to see the City pay twice for the same thing with this study.

It was explained by Steve Runkin that this is a living document that examines and adjusts as development occurs in areas where you don’t expect it and city fees may change down the road.

Councilmember Irving questioned whether this would affect our growth rate due to an increase in the growth rate around us.

There is a 3-5 year plan to spend money out of the impact fund and stick to it to accomplish goals.

John Blacklock, Interim City Manager, commented that the City would do a better job of Capital Planning with this study in place.

Councilmember Irving felt that the time should be a year before an item for a “waiver to any refund” would be permitted by the default building permit.

It was explained that the Building Code requires notice to avoid abandonment of projects and the intent was to keep the project moving and a year would only prolong it.

M/S/C Brown, Flynn to approve and revisit the statute annually.

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

NOES: None

ABSENT OR NOT VOTING: None


ADOPTION OF 2006/07 PRELIMINARY BUDGET

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt the Fiscal Year 2006/07 Preliminary Budget.

Ms. Van Warmerdam presented a power point of the Preliminary Budget 2006/07 and explained that the economic outlook is healthy, the City continues to be impacted by a combination of increases in standard business costs, and that staff was conservative in budgeting revenues and expenditures.

M/S/C Brown, Flynn to approve.

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

NOES: None

ABSENT OR NOT VOTING: None


CANCELLATION OF JULY 12, 2006 SPECIAL CITY COUNCIL MEETING FOR THE PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT AND PROJECT APPLICATIONS FOR THE WAL-MART SUPERCENTER PROJECT

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council cancel the previously scheduled, (but not yet noticed) July 12, 2006 Special City Council meeting for the Wal-Mart Supercenter Project Public Hearing at the Community/Senior Center Auditorium.

The traffic study had occurred at a time when local schools were not in session and it was determined that the traffic consultant should take a closer look into the issue and perform a preliminary analysis as to impacts on potential roadway and intersection levels during normal school hours.

It’s important to the integrity of the CEQA review process that potential impacts of this new information be considered and thus requested the cancellation of the July 12, 2006 Special City Council Meeting for the Public Hearing on the EIR.

Greg Latourell commented that it’s more than just a school issue and that this is also not a part of the construction season as well. He will be able to comment on this issue at the next scheduled Public Hearing.

M/S/C Flynn, Brown to approve.

AYES: Councilmembers: Brown, Flynn, Houghton and Stevens

NOES: None

ABSENT OR NOT VOTING: Councilmember: Irving (recused himself)


RATIFY/APPROVE MAY PAYABLES CHECK NUMBERS 52044-52348

That the City Council ratify/approve May Payables Checks Number 52044-52348.

M/S/C Flynn, Irving to approve.

AYES: Councilmembers: Flynn, Houghton, Irving and Stevens

NOES: None

ABSENT OR NOT VOTING: Councilmember: Brown (Abstained)


COMMITTEE REPORTS/COUNCIL COMMENTS

Councilmember Brown asked Donna Gordy, City Treasurer, when a Treasurer Report would be presented and she explained that she had been prepared for it tonight until oral surgery had caused her to delay it until she had recovered.

Tessa Pritchard, Human Resource Director, mentioned that Nik Reikalas, Parks and Recreation Director, was wished well as his wife went into an early labor this evening with their first child.

Councilmember Irving mentioned that his visit of the City of Corning regarding Air Pollution Control District was planned as well as to the Tehama City.

At 10:55 P.M. Mayor Houghton adjourned the meeting to July 8, 2006 at 9:00 A.M., in the Red Bluff City Council Chambers to a Special Workshop Meeting.

s/b Andy Houghton, Mayor



ATTEST:

s/b Gloria Shepherd, City Clerk


NOTICE: THE MEETING OF JULY 4TH, 2006 WAS CANCELLED DUE TO THE JULY 4TH HOLIDAY.