RED BLUFF

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

 

DATE OF MEETING:   July 19, 2005

 

TIME OF MEETING:   6:00 P.M. – CLOSED SESSION

                                          7:00 P.M. – REGULAR MEETING

 

PLACE OF MEETING:  RED BLUFF COUNCIL CHAMBERS, CITY HALL

 

The agenda for this meeting was posted pursuant to Resolution No. 28-1995

 

Councilmembers Present:   Andy Houghton, Mayor                                                                                                                              Forrest Flynn

                                                        Wayne Brown, Mayor Pro Tem

                                                        Larry Stevens

              

Councilmembers Absent:   Russ Frey

                                                     

Staff Present:                     Susan Price, City Manager

                                         Gloria Shepherd, City Clerk

                                          Tessa Pritchard, Human Resources Director

                                          Michael Damon, Fire Chief

                                                        Al Shamblin, Police Chief

                                                        Charlie Mullen, Planning Director

                                                        Margaret Van Warmerdam, Finance Director

                                                        J D Ellison Sr., Building Director/Official

                                                        Gary Antone, Public Works Director/City Engineer

                                                        Nik Reikalas, Parks & Recreation Director

                                                        Donna Gordy, City Treasurer

                             

David Carr, Red Bluff Fire Engineer, led the Pledge of Allegiance at the request of Mayor Houghton and the assemblage joined in.

 

Mayor Houghton read a letter from Councilmember Russ Frey dated July 19, 2005 explaining that on the advice of his family doctor he was turning in his resignation to the City Council effective immediately.  He wished everyone continued success.


 

Susan Price, City Manager, explained that the City Council would a Special Meeting or a Regular Meeting to discuss whether to appoint someone to fill a seat or to go to an election.

 

 

 

CLOSED EXECUTIVE SESSION          --          6:00 p.m.

 

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 Susan Price, City Manager, Tessa Pritchard, Human Resources Director, regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits with the Fire Unit.

 

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 Susan Price, City Manager, Tessa Pritchard, Human Resources Director, regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits with the Miscellaneous Unit.

 

 

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

 

Alpha Vista v. City of Red Bluff, et. al., Case No. 54170

 

City Council gave direction to the Labor Negotiator and also to the City Attorney regarding the above-mentioned items.

 

 

CITIZEN’S COMMENT

 

John Elko, Concerned Citizen, mentioned the Adobe Road Over crossing site where Oak trees had been removed and replaced with new trees as per agreement with the City. Those new trees do not appear to be adequately irrigated and are now dying and he asked that the City Council look into it.

 

CONSENT CALENDAR

 

M/S/C Brown, Flynn to approve the Consent Agenda.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:             Councilmember: Frey (absent)

 


 

REPORT REGARDING CONTRACT AWARDS – JUNE 2005

 

Approved 4-0-1

 

 

TRAINING LIBRARY WITH FEMA GRANT FUNDS

 

Approved 4-0-1

 

 

MODEM PURCHASE FOR MOBILE DATA COMMUNICATIONS SYSTEMS

 

Approved 4-0-1

 

 

RATIFY/APPROVE MAY PAYROLL CHECKS NUMBERS 17973-18119; MAY PAYROLL DIRECT DEPOSIT NUMBERS 5951-6118

 

Approved 4-0-1

 

 

RED BLUFF FORD – REFUND OVERPAYMENT OF SEWER CHARGES

 

Approved 4-0-1

 

 

ALLOCATION OF FUNDS TO UPGRADE BACKUP SYSTEM FOR CITY HALL SERVER

 

Approved 4-0-1

 

 

SAFE ROUTES TO SCHOOL PROJECT JACKSON HEIGHTS SCHOOL ACCEPTANCE OF IMPROVEMENTS

 

Approved 4-0-1

 

 

NORTH STATE EMPLOYMENT RELATIONS CONSORTIUM

 

Approved 4-0-1

 

 

PARCEL MAP NO. 04-41; FINAL MAP FILING AND ACCEPTANCE OF PUBLIC UTILITY EASEMENT

 

Approved 4-0-1

 

CURRENT BUSINESS

 

RESOLUTION NO. 55-2005; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF IMPLEMENTING THE LAST, BEST, AND FINAL WAGE AND BENEFIT OFFER FOR EMPLOYEES REPRESENTED BY THE CITY OF RED BLUFF FIREFIGHTERS ASSOCIATION.

 

Tessa Pritchard, Human Resources Director, reviewed the staff report and gave staff’s direction that the City Council adopt Resolution No. 55-2005 implementing the Last, Best, and Final wage and benefit offer for the employees represented by the Red Bluff Firefighters’ Association.

 

John Bennett, Red Bluff Fire Captain, read a letter on behalf of the Red Bluff Fire Association requesting salary increases to offset cost of living increases, and catch up to Industry Averages in the area.  They also seek the PERS 3% 50 Retirement Plan recently granted to the Red Bluff Police Department.  The Fire Unit appreciates the City’s offer but would like it to include the PERS 3% 50 Retirement Plan. Regular work hours have increased for the Fire Department by 40% and yet the salary schedule in that MOU resulted in a net reduction of hourly compensation for normal work hours as well as when they are called back from off duty to fight fires.  The City’s financial health is good and the Governor has returned local funds that have been withheld and the City can afford to offer the Fire Unit a fair compensation package. In an effort to help in recruitment and retain current Fire Officers, competitive compensation is needed and requested that the City Council consider including the PERS 3% 50 Retirement Plan or go back to the negotiating table to work towards an offer that is more fair than the current offer.

 

City Council discussed the report and explained that they did make an offer for the PERS 3% 50 Retirement Plan that the Fire Department didn’t accept and that the City can’t give the Department everything they want no matter how much they would like to.

 

M/S/C Flynn, Brown to adopt Resolution No. 55-2005 implementing the Last, Best, and Final wage and benefit offer for the employees represented by the Red Bluff Firefighters’ Association.

 

AYES:            Councilmembers:            Brown, Flynn and Houghton

NOES:                        Councilmember:                        Stevens

ABSENT OR NOT VOTING:                         Councilmember:  Frey (absent)

 

 

PUBLIC HEARING – RESOLUTION NO. 60-2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council:

 

            1.            Conduct the Public Hearing.

            2.            Receive public comments.

            3.             Close the Public Hearing.

            4.   Consider any changes to the
Proposed Schedule of Fees and Charges for City Service.

5.            Adopt Resolution No. 60-2005 – A Resolution of the City Council of the City of Red Bluff Establishing A Schedule of Fees and Charges for City Services.

 

Mayor Houghton opened the Public Hearing at 7:23 p.m.

 

Bill Moule, Adhoc Committee Member, thanked the City Council for the endeavor they took to be involved in this effort and all of the Adhoc members who participated.  He explained that a User Fee is when tax payers are charged for the services they promise to provide to the citizens. The Chamber would like to see that no fees are charged to the Citizens but realize some are necessary.

 

Paul Nanfito, Red Bluff Police Captain, explained that a Special Event is when a Promoter comes into the City and potentially creates a workload for the City Staff.

 

The Chamber would like to assess Special Events on a case by case basis.

 

Bill Moule claimed that the Weapons Permit Fees aren’t justified and recommended a fair fee.

 

The Chamber recommends that the Building Department be held over before they make a decision on their fees until the Adhoc Committee can determine what the fees are and to meet with J.D. Ellison and his staff.

 

The Chamber had recommendations for the Public Works Department fees on Items 17 & 18 with a new incremental increase on these expense levels of 0-$250K $900, 251-500K $1,800, 501-750K $2,700, and over 750K $3,600.

 

The Adhoc Committee asked that the City Council accept all areas that they are in agreement with and where they are not in agreement to accept the Chambers recommendations.

 

Steve Judson asked about the implementation of the fees dates and whether any of the projects prior to these changes would be affected by the fee changes.

 

October 1, 2005 the fees will go into effect and the City Council can determine whether the fees won’t affect the projects prior to that date.

 

Mayor Houghton closed the Public Hearing at 7:54 p.m.

 

Councilmember Stevens found inconstancies on fees and had recommendations that he shared with City Council and cautioned pricing ourselves out of the market on Community Center rates. He had concerns about justifying Building and Planning Fees and was concerned about sticking it to the growth in the Community. Councilmember Stevens recommended a 3% fee increase for each year for the next 5 years. If the fee were lowered than the new fee would take effect with a 3% increase for each of the next 5 years.  If no fee was previously charged then a base of 25% of the lowest recommended fee for staff or Chamber would go into effect with a 3% for each year starting the following year for a total of 4 years starting at the beginning of the next fiscal year.

 

M/S/C Flynn, Stevens to accept everything except the Building Department, accept the Chambers recommendations on Police, Fire, Engineering Departments where they disagreed, and gradually look at changes to them in the future if needed.

 

Susan Price, City Manager, walked through a review of what had been discussed so that they were all clear. She explained that the City currently had proposed no changes for the Building Department fees except for an addition of $10 on a few fees. 

 

The motion was made based on the Chambers recommendation to exempt Building Department for further studies, Public Works Department fees on Items 17 & 18 with a new incremental increase on these expense levels to for the first 0-$250K $900, 251-500K $1,800, 501-750K $2,700, and over 751K $3.600 and then implement formula changes.  The proposal was to adopt everything where the City and Chamber agreed and where there is disagreement they would adopt the Chambers recommendations excluding the Building Department.

 

Charlie Mullen, Planning Director, explained to the City Council that these Chamber of Commerce Fee Schedules have fees that reduce the current fees and requested that the City Council leave intact the current Planning Department Fee Structure with the exception of those that are new fees where they are in agreement on. Otherwise the situation is worsening for the Department. He explained that Maximus looked at what it costs to do business in the City and worked off of that as a starting point and made concessions from there and made recommendations.  The Chambers recommendation is going backwards in time and taking services and giving them away to development in the community and they won’t be paying their way.  The rest of the citizens will be paying for the new development to come into town. 

 

Richard Crabtree, City Attorney, explained that Impact Fees are only used for certain purposes not funding the Planning Department and they pay for Infrastructure impacts like streets, roads, and sidewalks.

 

Councilmember Flynn to amend his motion to pull the Planning Department along with the Building Department for further discussion and accept the remainder fees where the Chamber has disagreement and authorize the portion where they both agree.

 

Councilmember Stevens does not agree with the amendment.

 

Councilmember Brown requested that the numbers be clarified before making a decision.


 

AYES:            Councilmember:     Stevens           

NOES:            Councilmembers:  Brown, Flynn and Houghton,

ABSENT OR NOT VOTING:                         Councilmember:  Frey (absent)

 

Richard Crabtree, City Attorney, recommended that the direction be to staff to prepare the exhibits with City Councils direction with a clean Resolution and with clean Exhibits so that it’s very clear what fees are being changed and adopted.

 

Charlie Mullin, Planning Director, asked that based on the Maximus recommendation of 100% recovery, the City Council determine whether they were asking for a partial recovery for some departments or the same percentage throughout all departments so that it was a consistent recovery.

 

J.D. Ellison, Building Director/Official, explained that fees were hand calculated on every fee in order to be sure to not misuse fees in the Building Department Fees.

 

According to law as soon as an application is deemed complete the fees are locked in at that moment and projects prior to the date of the new changes won’t be affected.

 

M/S/C Stevens, Flynn to accept fees where both City and Chamber agree, approve the Chamber changes where the Chamber disagreed with the City, except for the Building and Planning Departments which will be brought back to a future meeting, and staff to follow City Council’s direction bringing back revised exhibits that reflect the City Council’s direction at that time.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:         Councilmember: Frey (absent)

 

 

ALLEY REPAIR ISSUES

 

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council discuss and provide direction to staff per the alley rating survey by staff to repair alleys based on need.  Funds will be taken away from streets needing repair, by applying to the allies in disrepair.

 

Councilmembers discussed the concern of delaying street repairs versus the need to repair this badly damaged alley and provide a safer access to the Public.

 

M/S/C Stevens, Flynn to use funds up to $10,000 including remaining funds in the Alley Fund start with the one alley in worst disrepair.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:                         Councilmember:  Frey (absent)

 

DOWNTOWN DEMONSTRATION PROJECT UPDATE; WASHINGTON STREET, ELM TO WALNUT

 

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to review the Downtown Demonstration Project (DDP).

 

These improvements are available through grant funding from the Transportation Enhancement Dollars for only the purpose of ancillary improvements and cannot be used for street repairs.

           

Informational

 

 

AUTHORIZATION OF CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUREAU OF RECLAMATION PERTAINING TO TRAIL DEVELOPMENT AND MANAGEMENT IN THE CITY OF RED BLUFF

 

City Council to authorize the City Manager to execute an Agreement with the U. S. Bureau of Reclamation (BOR) pertaining to pedestrian/bicycle trail development and management in the City of Red Bluff and to authorize the City Attorney to approve the Agreement as to form.

 

M/S/C Stevens, Flynn to authorize the City Manager to execute an Agreement with the U. S. Bureau of Reclamation (BOR) pertaining to pedestrian/bicycle trail development and management in the City of Red Bluff and to authorize the City Attorney to approve the Agreement as to form.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:                         Councilmember: Frey (absent)

 

 

MCGLYNN SWIMMING POOL REPAIR UPDATE AS OF 7/14/05

 

Nik Reikalas, Parks and Recreation Director, reviewed staffs efforts to work with American Leak Detection to acquire the amount of “plugs” needed to cap off the swimming pool return lines and pressure test the pipes. The City will be working with Neil O’ Anderson to perform further analysis of the structure & integrity of the pool shell and surrounding concrete areas at a cost of $6,000 - $8,000 per prior authorization from the City Council.

           

Informational

 


 

RESOLUTION NO. 57-2005; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF REGARDING THE DISABILITY RETIREMENT OF JOHN L. WAELTY

 

Tessa Pritchard, Human Resources Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 57-2005, which makes the determination that Mr. Waelty’s disability is a result of injury or disease arising out of employment and therefore qualifies him for Industrial Disability Retirement.

 

M/S/C Flynn, Brown to adopt Resolution No. 57-2005, which makes the determination that Mr. Waelty’s disability is a result of injury or disease arising out of employment and therefore qualifies him for Industrial Disability Retirement.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:                         Councilmember:  Frey (absent)

 

 

PROPOSED ADDITION OF A DISABILITIES ADVISORY COMMISSION

 

Councilmember Stevens reviewed the report and gave the recommendation that the City Council consider the presentation regarding the creation of a Disabilities Advisory Commission.

 

Dorothy Lindauer, concerned citizen, felt it was appropriate and in good interest of the City to authorize a body to monitor the public safety as it affects the disabled citizens.

 

Verdine Mertens, concerned citizen, agreed that the creation of the Commission was a step in helping compliance with ADA issues.

 

Richard Crabtree, City Attorney, commented that a Public Committee that excludes certain categories of citizens from membership by forbidding non-disabled people from membership is not recommended. There could be 3 disabled and 2 citizens at large that could be disabled or not disabled on the Committee.  This would then not exclude members of the community who are not disabled from participating on the committee.

 

The City already has two plans that recommend implementation on issues that address ADA compliance in both physical and personnel training.  The area numbers of improvements that have taken place so far through grants and City funding could be brought back for the City Council to review at a future meeting.  A technical advisory committee is already in place that addresses different departmental focuses within the City of Red Bluff.


 

M/S/C Flynn, Stevens to send back to staff to show what they do and the recommendation to be considered at a future meeting.

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:                         Councilmember: Frey (absent)

 

 

RATIFY/APPROVE MAY AND JUNE PAYABLES CHECK NUMBERS 48492-49159.

 

 

M/S/C Flynn, Stevens, to approve May and June Payroll Checks Number 48492-49159.

 

AYES:            Councilmembers:            Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:                         Councilmembers:  Brown (abstained) and Frey (absent)

 

           

APPROVAL OF MINUTES

           

M/S/C Stevens, Brown to approve the minutes.

 

1.         June 23, 2005 – Special Meeting

 

AYES:            Councilmembers:            Brown, Flynn, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:             Councilmember:  Frey (absent)

 

2.         July 5, 2005 – Regular Meeting

 

AYES:            Councilmembers:            Brown, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:       Councilmembers:  Flynn (abstained -- absent from meeting) and Frey (absent)

 

3.         July 7, 2005 – Special Meeting           

 

AYES:            Councilmembers:            Brown, Houghton and Stevens

NOES:                                    None

ABSENT OR NOT VOTING:       Councilmembers:  Flynn (abstained -- absent from meeting) and Frey (absent)

 


           

COMMITTEE REPORTS/COUNCIL COMMENTS

 

Councilmember Brown suggested a letter of appreciation to Councilmember Frey with all of the City Council members to sign it.

 

Susan Price, City Manager, and Charlie Mullen, Planning Director, attended a Redevelopment Agency’s Senior Housing Project in Anderson that had been a crime ridden area and changed into a nice senior housing project.

 

Richard Crabtree, City Attorney, reminded City Council of the 30 day period to fill Councilmember Frey’s position by either reappointment or by election.

 

Susan Price, City Manager, will find out tomorrow morning what the deadline is with the County for the City Council if they wish to consider a Special Election.

 

 

ADJOURNMENT

 

There being no further business Mayor Houghton adjourned the meeting at 10:05 p.m. to the Special Meeting of July 21, 2005, at 12 noon in the City Council Chambers.

 

 

s/b Andy Houghton

 Mayor

 

 

 

ATTEST:

 

s/b Gloria Shepherd

 City Clerk