RED BLUFF

CITY COUNCIL

ADJOURNED MEETING MINUTES

 

DATE OF MEETING:            November 15, 2005

 

TIME OF MEETING:            6:00 p.m. Closed Executive Session

 7:00 p.m. Regular Adjourned Meeting

 

PLACE OF MEETING:         RED BLUFF COUNCIL CHAMBERS, CITY HALL

                                                  555 Washington Street

 

Councilmembers Present:          Andy Houghton, Mayor

                                                            Wayne Brown Mayor Pro Tem

Forrest Flynn

Daniel Irving

Larry Stevens           

                       

Councilmembers Absent:            None

                                                                       

Staff Present:                                  Susan Price, City Manager

                                                            Richard Crabtree, City Attorney

Gloria Shepherd, City Clerk

Gerry Gray, Division Chief

                                                            Paul Nanfito, Police Captain

                                                            Charlie Mullen, Planning Director

                                                            Margaret Van Warmerdam, Finance Director

                                                            J D Ellison Sr., Building Director/Official

                                                            Nik Reikalas, Parks and Recreation Director

                                                            Tessa Pritchard, Human Resources Director

                                                            Mark Barthel, Interim Public Works Director

                                                            Scot Capilla, Police Lieutenant

 

Lieutenant Scott Capilla led the Pledge of Allegiance at the request of Mayor Houghton and the assemblage joined in.

 


TWO ITEMS FOR CONSIDERATION HAD BEEN BROUGHT TO THE CITY COUNCIL’S ATTENTION FOR IMMEDIATE ACTION BY THE CITY COUNCIL.  THESE ISSUES AROSE AFTER THE COMPLETION AND POSTING OF THE CITY COUNCIL AGENDA AND CAN BE ADDED TO THE AGENDA BY A MINIMUM 4 OUT OF 5 VOTES OF THE CITY COUNCIL. 

 

1.            REQUEST FOR AUTHORIZATION TO PROCEED WITH PRELIMINARY ENGINEERING

 

M/S/C Brown, Flynn to approve adding the item at the end of the Current Business

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

2.            CLOSED 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.

 

M/S/C Brown, Flynn to approve adding this item to the Closed Session.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

CLOSED EXECUTIVE SESSION  6:00 P.M.

 

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: One potential case. Government Code Section 54956.9

 

City Council gave Direction to City Attorney.

 

CLOSED 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.

 

City Council gave direction to the City Manager and Human Resources Director.

 

CITIZEN’S COMMENTS

 

None

 

 

PROCLAMATION – Daily News

 

Mayor Houghton presented the Proclamation to Michel Griffin, proclaiming 2005 the 120th Anniversary of the Daily News and was given in appreciation for the service they provide of continuous public service to the community by reporting activities of government, business, and community events.

 

Michael Griffin thanked the City and invited everyone to attend the Celebration party being held next Tuesday, November 22, 2005 from 4:00 pm to 7:00 pm at the Red Bluff Daily News Office.

 

 

CONSENT CALENDAR

 

M/S/C Flynn, Brown to remove items # 9 & # 14 for discussion and approve the remainder of the Consent Calendar.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

APPROVAL OF MINUTES   November 1, 2005

 

Approved 5-0-0

 

 

REPORT REGARDING CONTRACT AWARDS – OCTOBER 2005

 

Approved 5-0-0

 

 

RATIFY/APPROVE OCTOBER PAYROLL CHECKS NUMBERS 18733-18841; OCTOBER PAYROLL DIRECT DEPOSIT NUMBERS 6731-6909

 

Approved 5-0-0

 


 

GREENWASTE QUARTERLY REPORT JULY – SEPTEMBER 2005

 

Approved 5-0-0

 

 

ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER TYPE 21 (OFF-SALE GENERAL); CONVENIENCE MARKET WITH GASOLINE; 1055 WALNUT ST.; CIRCLE 7 DAY (NAME OF BUSINESS); SINGH GURMIT KHINDA (APPLICANT/OWNER)

 

Approved 5-0-0

 

 

APPROVAL OF THE ON-CALL ENVIRONMENTAL CONSULTING FIRM OF HANOVER ENVIRONMENTAL SERVICES, INC. TO PREPARE AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED MONTEBELLO ESTATES RESIDENTIAL SUBDIVISION (TTM-05-1007); MONROE AVE./HIGHLAND BLUFFS DR.

 

Approved 5-0-0

 

           

REPORT ON SALES TAX

 

Approved 5-0-0

 

 

RATIFICATION OF MISCELLANEOUS UNIT MEMORANDUM OF UNDERSTANDING – JULY 1, 2005 – JUNE 30, 2008

 

Approved 5-0-0

 

                       

RETURNED CHECK POLICY

 

This gives the staff a policy to follow approved by the City Council.

 

M/S/C Flynn, Brown to approve.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

WILLOW CREEK SUBDIVISION UNITS 4 & 5, ACCEPTANCE OF IMPROVEMENTS, RELEASE OF SECURITY AGREEMENT

 

Approved 5-0-0

 

 

INFORMATIONAL UPDATE – KIMBALL CROSSING APARTMENT PROJECT – 03-HOME-0690

 

Approved 5-0-0

 

 

ANNUAL MEDICAL EVALUATIONS FOR FIREFIGHTERS

 

Approved 5-0-0

 

 

RE-ALLOCATION OF UNUSED OTS TRAFFIC GRANT FUNDS #AL0594

           

Approved 5-0-0

 

 

PRE-AUTHORIZATION OF LETTER TO BE SENT, REQUESTING BURN DUMP INFORMATION FROM STATE AUTHORITY

 

J D Ellison Sr., Building Director/Official, reviewed the staff report and gave staff’s recommendation that the City Council approve the letter, in the form presented, and letter be sent to the “State of California Regional Water Control Board” for the appropriate response.

 

It was recommended that the letter be sent in order to start processing on this City property as soon as possible to get the process started and continue to look for grant funding.

 

M/S/C Brown, Irving to approve the letter and authorize it to be sent to the State of California Regional Water Quality Control Board.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None


 

CURRENT BUSINESS

 

TOT LOT LAW, CALIFORNIA HEALTH AND SAFETY CODE 104495 RESOLUTION NO. 81-2005

 

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 81-2005 and post City Park signs with “Smoking is prohibited within 25 feet of playgrounds and tot lot areas/swimming pools”.

 

Tina Zastrow with the Friday Night Live Program and Susan Murphy thanked the City Council for reviewing this and asked that they approve putting up signs in the Community, as it is currently a State Law.

 

Councilmember Stevens suggested adding this phrase on agreements or permits for private groups who use the areas.

 

Nik Reikalas, Parks and Recreation Director, appreciated this idea and agreed to incorporate it into the Resolution.

 

M/S/C Stevens, Irving to adopt Resolution No. 81-2005 and post City Park signs with “Smoking is prohibited within 25 feet of playgrounds and tot lot areas/swimming pools”.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

COMMUNITY/SENIOR CENTER FACILITY WAIVER REQUEST FROM THE RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT

 

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council provide direction to staff regarding the fee waiver request from the Red Bluff Joint Union High School District for use of the Community/Senior Center not to exceed nine (9) meeting dates and the preparation of a joint use agreement with the High School for future City Council action.

 

Kathy Wheeler, Superintendent of Red Bluff Joint Union High School, thanked City Manager Susan Price, for putting this Joint Use Agreement on the agenda, and explained that they need to work together and make this available to the students.

 

Bill Goodwin, Chief Administrator of Tehama County, explained that this is a jointly operated facility between the County and the City and was concerned about the equity for the County.  He strongly urged the City Council to not waive these fees.

 

Lamar Bayles commented that he did not see an equity issue and stated that volunteers would help with the clean up.

 

Ron Clark, DDS, spoke about the good that the Community Center has done for the City and that this is an example of benefits for the community and opposed using it like a rental.

 

An agreement with the County to either buy in or buy out may be needed before a decision could be made.

 

M/S/C Stevens to create a development agreement to be brought back the City and the County along with a methodology be recommended on how to determine the charging or not charging of fees are achieved.

 

Hearing no second the motion died.

 

M/S/C Brown, Stevens to table this to bring back with cost information and past use history. 

 

AYES:   Councilmembers:      Brown, Flynn, Irving and Stevens

NOES:  Councilmember:        Houghton

ABSENT OR NOT VOTING:                   None

 

 

COMMUNITY CENTER FACILITY USE CHARGES FOR CITY, COUNTY AND OTHER ORGANIZATION MEETINGS AND PROGRAMS

 

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council provide direction to staff regarding waived/free rental rates for City, County and other organizations meetings and programs held at the Community/Senior Center.

 

Charles Jackson, representative of the Swinging Square Dance Club, expressed his appreciation to Dr. Clark and Ben Sale for their efforts in providing the facility.  He thanked the City for the consideration of the waiver.

 

Eugene Pixley, member of Tehama County Band, requested that the City consider the waiver for this 121-year-old band that brings money into the community with its two yearly dance events.

 

Sherry Compton Freideman, band member, requested that the City Council consider this waiver of the band from the perspective of 3-generation family band members, as they have been a fixture in the City since 1863.

 

Rose Zastrow, Community Care Specialist for Passages, for the last 11 years and have used the Red Bluff Community Center since it was built, for meetings and to train their staff free of charge.

 

Bill Goodwin, Chief Administrator of Tehama County, explained that the issue is complicated and the reason for the initiation of a new Community Center Management Agreement with new dialogue about the fee structure with more consistency and rules in place.

 

Ron Clark, DDS, felt that this was not a complicated issue, but a quality of life issue and a way of life for the citizens.

 

Lamar Bayles commented on memories of Goldie Walston with her seniors who started this idea for a Community Center.

 

Steve Piffero, concerned citizen, mentioned that the events he held at the Community Center were cleaned up by volunteer students and staff who donated time.

 

City staff has helped with the setup in order to make sure it has been done properly at many events.

 

You can differentiate between users as long as there is a rationale basis for doing so with a legitimate reason and the City Council has discretion to set public policy and make these decisions without being arbitrary.

 

 

M/S/C Irving, Flynn to move forward with a Joint Management agreement with the County, including a standard criteria for fee reductions and waivers and maintain existing groups conditions until the agreement is adopted.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

BUSINESS FAÇADE IMPROVEMENT PROGRAM UPDATE RURAL BUSINESS ENTERPRISE GRANT - $90,000

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to review the information presented.

 

Mark Nemanic, with Tri County Economic Development Corporation, commented on the clients who have expressed interest for the Façade Improvement Program.

 

Informational

 

 

SELECTION OF CONSULTANT ECONOMIC DEVELOPMENT LOAN SERVICES

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to approve the selection of Tri-County Economic Development Corporation, to provide Economic Development Loan Services for the City’s Community Development Block Grant Economic Development Program Income Revolving Loan Account and authorize City Manager to execute a Professional Services Agreement with the firm.

 

M/S/C Flynn, Brown to approve the selection of Tri-County Economic Development Corporation, to provide Economic Development Loan Services for the City’s Community Development Block Grant Economic Development Program Income Revolving Loan Account and authorize City Manager to execute a Professional Services Agreement with the firm.

 

AYES:   Councilmembers:      Brown, Flynn, Irving and Stevens

NOES:  Councilmember:        Houghton

ABSENT OR NOT VOTING:                   None

 

 

SACRAMENTO RIVER DISCOVERY CENTER LETTER OF REQUEST FOR ANNUAL TRANSIENT OCCUPANCY TAX FUNDING.

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the request for an annual percentage of the City’s Transient Occupancy Taxes (TOT) by the Sacramento River Discovery Center.

 

Ben Hughes, Chair for the Sacramento River Discovery Center, requested that the City Council consider their letter that explains that they are a part of the community for the last 10 years whose primary interest is education.  Their efforts bring people to the community and are looking for a stable funding base.  They are a part of the tours and activities of the County that are expected to grow in the future.  The grants are getting hard to find and they are making requests each year to support keeping the doors open until they can access further funding.

 

It might require a 4/5th's vote to allocate a part of the Transient Occupancy Tax.

 

Scott Soder emphasized the intent to generate about 50,000 visits per year and that this is a joint venture project that will bring people into the community and overnight stays and restaurant use.

 

M/S/C Stevens, Flynn to refer availability of funds to be used on this project to determine whether to put out to the community to access TOT dollars & refer back to staff for a policy & format to use to determine method through Finance to monitor.


 

AYES:             Councilmembers:                 Brown, Flynn, Irving and Stevens

NOES:            Councilmember:                   Houghton

ABSENT OR NOT VOTING:                   None

 

 

DEVELOPMENT IMPACT FEE STUDY

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to that the City Council confirm the appointment of City Councilmembers Forrest Flynn and Larry Stevens as Ad Hoc Committee members to participate in Citizens Review Committee and City staff’s continued review of the Development Impact Fee Study and provide direction to staff regarding times and dates for Committee meetings.

 

Bill Moule expressed concern about structuring these meetings and was willing to meet earlier and with 3 or 4 meetings and invited City Councilmembers to sit in.

 

M/S/C Flynn, Irving to have City staff and the Ad Hoc committee meet without City Councilmembers.

 

AYES:   Councilmembers:        Brown, Flynn, Houghton and Irving

NOES:  Councilmember:     Stevens

ABSENT OR NOT VOTING:                   None

 

 

RESOLUTION NO. 82-2005 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING WATER RATES

           

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 82-2005 – A Resolution of the City Council of the City of Red Bluff Amending Water Rates with either Option 1 or Option 2 four year phase in of the water rate increase.

 

Option 1 would give 20% across the board and Option 2 starts at 14% and increases to 20% the last year.

 

Mark Eidman, Manager of the Tehama District  Fair, was concerned that his bill would go up 500% for the big user and a 300% for the small user and asked the City Council to reconsider.

 

City Council discussed their concern over the structure of the water rate scenario.

 

There is the type of scenario to choose and the Capital Recovery Issue to be considered.

 

These rates Options 1 & 2 will be based on the use.  Part of the borrowing requires that you have the rates to pay it back.

 

M/S/C Irving, Flynn to agenize for a reconsideration of the Water Fees with the reconsideration narrowly focused on a straight percentage reduction and not upon any other issue.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

The motion was withdrawn by Irving & Flynn.

 

Donna Gordy, City Treasurer, commented that the extension of the rate increase over 8 years instead of the 4 years would not recover anything for the Capital expenditures and if they have to go out for a loan, they will not be a good credit risk because they don’t have the rate increase in place to cover the existing loans and the replacement of the infrastructure. It will be 7-8 years before any monies come in to cover any costs to repair the existing system and the City is going to get caught financing a loan and the interest on that loan is going to be on a high credit risk rate and may cause increases on water rates later if they aren’t addressed correctly now.

 

A straight percentage reduction would be a conservation rate schedule with no volume and would reduce the amount over a longer period.

 

M/S/C Irving, Flynn to renew their original motion.

 

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

NOES:                                                           None  

ABSENT OR NOT VOTING:                   None

 

 

ORDINANCE NO. 966 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTER 24 OF THE CITY MUNICIPAL CODE -- WATER

 

Susan Price, City Manger, reviewed the staff report and gave staff’s recommendation that the City Council waive the first reading and introduce Ordinance No. 966 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 24 of the City Municipal Code – Water.

 

M/S/C Brown, Irving to table this item.

 

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

NOES:                                   None                          

ABSENT OR NOT VOTING:                   None

 

 

2006/2007 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION

 

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

 

            1.   Direct staff to proceed with the project application as proposed; or

 

            2. Provide other direction to staff regarding this matter.

 

M/S/C Stevens, Irving to proceed with the project application as proposed.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

PARCEL MAP TIME EXTENSION REQUEST; TENTATIVE PARCEL MAP 02-32; RESOLUTION NO. 78-2005; 525 WILLOW STREET; CHUCK METRO

 

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 78-2005 approving a one-year extension to Tentative Parcel Map 02-32 with the Findings and Conditions of approval shown in Resolution No. 78-2005, and thereby making the expiration date November 15, 2006.

 

M/S/C Flynn, Stevens adopt Resolution No. 78-2005 approving a one-year extension to Tentative Parcel Map 02-32 with the Findings and Conditions of approval shown in Resolution No. 78-2005, and thereby making the expiration date November 15, 2006.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

LEAGUE OF CALIFORNIA CITIES 2006 MAYORS AND COUNCILMEMBERS ACADEMY LEADERSHIP INSTITUTE JANUARY 11-13, 2006 – SACRAMENTO

 

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the attendance of City Councilmembers at the 2006 Mayors and Councilmembers Academy Leadership Institute January 11-13, 2005 in Sacramento.

 

M/S/C Flynn, Brown to authorize up to five Councilmembers to attend.


 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None  

 

 

RATIFY/APPROVE OCTOBER PAYABLES CHECK NUMBERS 50037- 50310

 

M/S/C Flynn, Houghton to approve   Payables Checks Number 50037-50310.

 

AYES:   Councilmembers:      Flynn, Houghton, Irving and Stevens

NOES:                                               None

ABSENT OR NOT VOTING:            Councilmember:  Brown (abstained)

 

 

REQUEST FOR AUTHORIZATION TO PROCEED WITH PRELIMINARY ENGINEERING

 

Mark Barthel, Interim Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council authorize staff to proceed with the preliminary engineering with CalTrans for the bridge scour plan of action for the Baker Road Brickyard Creek Bridge.

  

M/S/C Irving, Flynn to approve the authorization to proceed with the preliminary engineering.

 

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

NOES:                                                           None

ABSENT OR NOT VOTING:                   None

 

 

COMMITTEE COMMENTS

 

Councilmember Irving mentioned the negative effect of the major medical waste facility and that the County actively solicited for this company leaving the City out of the loop.  He questioned how this happened and felt that it was due to the Health and Safety Code that allows a 35% representation of Air Pollution Control District.  The City opted out of this membership of the governing board many years back and he suggested that they propose they agenize this issue on how to gain membership on this issue. The January 3rd meeting would be a good time to agenize this matter.

 


 

ADJOURNMENT

 

At 9:50 p.m., Mayor Houghton adjourned the meeting to December 3, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.

 

s/b Andy Houghton, Mayor

 

 

 

ATTEST:

s/b Gloria Shepherd, City Clerk