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CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: September 3, 2003

TIME OF MEETING: 6:15 P.M.

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL

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

Councilmembers Present: Tere Cherveny, Mayor

Forrest Flynn, Mayor Pro Tem

Andy Houghton

Larry Stevens

Gregg Avilla

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Gary Antone, Director of Public Works

Charles Hayden, Planning Director

Gloria Shepherd, City Clerk

Margaret Van Warmerdam, Director of Finance

Tessa Pritchard, Human Resources Director

Mace McIntosh, Police Captain

Roberta Moore, City Treasurer

Robb Gibbs, Director of Parks and Recreation

J.D. Ellison, Sr. Building Director/Official

Richard Crabtree, City Atttorney

Mayor Cherveny called the Regular Meeting to order at 7:00 P.M. and requested that the audience take a moment of silence for Charlie Krause who passed away on September 1, 2003.

Michael Damon, Fire Chief, led the Pledge of Allegiance at the request of Mayor Cherveny and the assemblage joined in.

Mayor Cherveny reported that the City Council had met in a Closed Executive Session at 6:15 p.m. regarding the following matters:

1. Executive Session in accordance with Government Code Section 54956.8 (Real Property Negotiations) to discuss with Susan Price, City Manager, and Gary Antone, Director of Public Works the granting of authority to negotiate with Jim Thompson and Larry Gentry the purchase of Assessor’s Parcel Number 35-490-40 located at the corner of Kimball Road and Bidwell Street.

Mayor Cherveny reported that the City Council had given direction to the Susan Price, City Manager and Gary Antone, Director of Public Works the granting of authority to negotiate the sale of property located at the corner of Kimball Road and Bidwell Street.

2. Executive Session in accordance with Government Code Section 54956.8 (Real Property Negotiations) to discuss with Susan Price, City Manager, and Gary Antone, Director of Public Works the status and provide direction of real property negotiations for avigation easements with Martin & Jeanette Braun, Assessor’s Parcel Number 024-200-63; Calvary Temple, Assessor’s Parcel Number 031-210-581; Dale Caulfield, Assessor’s Parcel Number 024-200-64; Tim and Sharnell Chambers, Assessor’s Parcel Number 024-200-67; S. Keel Exum, Assessor’s Parcel Number 031-210-32; Fleming and Hood, Assessor’s Parcel Number 024-200-66; Michael & Margaret Guttierrez, Assessor’s Parcel Number 024-200-65; Evelyn Johnson, Assessor’s Parcel Number 031-210-59; Charles & Ava Lopeman, Assessor’s Parcel Number 024-200-62 and James Slack, Assessor’s Parcel Number 024-200-31.

Mayor Cherveny reported that the City Council had given direction to the Susan Price, City Manager and Gary Antone, Director of Public Works to negotiate for avigation easements.

3. Executive Session in accordance with Government Code Section 54956.8 (Real Property Negotiations) to discuss with Susan Price, City Manager, and Gary Antone, Director of Public Works the status and provide direction of the real property negotiations to negotiate title and easements for the Water Reservoir and Pipeline Project with Kenneth & Bernice Burgess, Assessor’s Parcel Number 024-040-66; Dona Calder, Assessor’s Parcel Number 024-200-64; Tim & Sharnell Chambers, Assessor’s Parcel Number 024-200-67; Cherie & Toby Cooper, Assessor’s Parcel Number 024-040-59; Merle Crook, Assessor’s Parcel Numbers 024-010-46 and 47; James & Debra Danielsen, Assessor’s Parcel Numbers 027-410-05 and 42; Douglas & Linda Freitas and Lavenia Carlson, Assessor’s Parcel Number 020-040-67; Roger & Judith Mendenhall, Assessor’s Parcel Number 024-010-20; Roman Catholic Bishop of Sacramento, Assessor’s Parcel Numbers 027-410-26 & 28; Scottsdale Company, Inc., Assessor’s Parcel Numbers 027-410-29 and 31; Wyle Selby and Richard & Charlotte Johnson, Assessor’s Parcel Numbers 027-410-03 and 41; Christopher and Patricia Sharp, Assessor’s Parcel Number 024-200-31; and Richard Williams, Assessor’s Parcel Number 024-040-10.

Mayor Cherveny reported that the City Council had given direction to the Susan Price, City Manager and Gary Antone, Director of Public Works the granting of authority to negotiate for property titles and easements for the Water Reservoir and Pipeline Project.

M/S/C Avilla, Houghton to approve remaining Consent Calendar after Councilmember Avilla requested that Item # 2 be pulled for discussion.

SECOND READING AND ADOPTION, ORDINANCE NO. 945 (REZONE 193); 528 SOUTH JACKSON STREET; GUTTIERREZ

Approved 5-0-0

Councilmember Avilla requested that the wording in the Policies be changed from “should” to “shall”

M/S/C Avilla, Flynn to approve amended Credit Card Policy with the wording in the Policies be changed from “should” to “shall”

REQUEST TO WAIVE BUILDING PERMIT FEES RELATING TO THE PLANNED PAVILION AT THE CONE AND KIMBALL DOWNTOWN PLAZA, 747 MAIN STREET

J.D. Ellison, Sr., Building Director/Official, reviewed the staff report and gave staff’s recommendation to waive the $738.36 fee for a building permit to erect the pavilion in the Cone and Kimball Downtown Plaza.

M/S/C Houghton, Stevens to to waive the $738.36 fee for a building permit to erect the pavilion in the Cone and Kimball Downtown Plaza.

ABSENT OR NOT VOTING: Councilmember: Avilla (abstained as he’s a member of Rotary)

Mayor Cherveny stated that she had asked for an opinion from the City Attorney on this as she also was a member of Rotary and that there was no conflict so she was voting aye.

RESOLUTION NO. 50-2003 APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002

Robb Gibbs, Parks & Recreation Director, reviewed the staff report and gave staff’s recommendation to adopt Resolution No. 50-2003 approving the application for Grant Funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002.

Applications are submitted on each project and once there is a signed contract they will be brought back to the City Council for specific requests for each project.

Mayor Cherveny asked that the Parks and Recreation Commission consider the Boys and Girls Club as potential project for our community.

M/S/C Stevens, Flynn to adopt Resolution No. 50-2003 approving the application for Grant Funds for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002.

REQUEST TO ADOPT RESOLUTION NO. 51-2003 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM

Robb Gibbs, Parks & Recreation Director, reviewed the staff report and gave staff’s recommendation to:

1. Direct staff to proceed with the grant application for Phase I of the trails project under the Recreational Trails Program.

2. Adopt Resolution No. 51-2003 approving the application for grant funds for the Recreational Trails Program.

3. Approve the local match requirement for Phase I of the Trails System in the amount of $60,000 to be funded through a split of $30,000 General Fund and $30,000 per Capita Park Bond Act monies.

4. Upon receiving the grant award for this project, direct staff to bring back the grant award for final Council approval and authorization.

The area covered for phase one of the Trails Project is about 2,400 feet and a major part of the expenditure will be the concrete structure that will go under the street.

These kinds of concrete passageways can lead to potential problems as they provide havens for congregating and these issues should be considered in the future.

1. Direct staff to proceed with the grant application for Phase I of the trails project under the Recreational Trails Program.

2. Adopt Resolution No. 51-2003 approving the application for grant funds for the Recreational Trails Program.

3. Approve the local match requirement for Phase I of the Trails System in the amount of $60,000 to be funded through a split of $30,000 General Fund and $30,000 per Capita Park Bond Act monies.

4. Upon receiving the grant award for this project, direct staff to bring back the grant award for final Council approval and authorization..

ABSENT OR NOT VOTING: None

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to authorize the expenditure of $3,251.89 from Fund 21 for the street light removal work and authorize the City Manager and/or Director of Public Works to execute the agreement necessary to complete the work.

M/S/C Houghton, Stevens authorize the expenditure of $3,251.89 from Fund 21 for the street light removal work and authorize the City Manager and/or Director of Public Works to execute the agreement necessary to complete the work.

PLANNING COMMISSION ATTENDANCE

Mayor Cherveny stated that an addendum had been received that this will not be strictly for the Planning Commission but will include the Board of Appeals, Airport Commission and Parks and Recreation Commission.

Charles Hayden, Planning Director, reviewed the staff report and gave staff’s recommendation to review and discuss the information submitted to the City Council and provide direction to the Planning Director.

Mayor Cherveny stated that she had been contacted by several people that stated that they had concerns about absences of Commissioners and stated that it makes it ineffective and makes it difficult for them to get their jobs done. She further stated that she requested that due to the absences of members from the Planning Commission meetings it had been brought to the City Council’s attention to consider all Commission attendance policies. It was requested that the wording of the City Code would direct staff to have standards for all of the Commissions to abide by that would enforce attendance and bring back to the City Council.

Richard Crabtree, City Attorney, clarified that the City Code Section 2.57 already says that a member of the Planning Commission may be removed by a majority vote of the City Council. He further requested clarification of the current request as to whether it is for some language in the Code that would automatically remove one for absences.

Susan Price, City Manager stated that the Airport Commission has a standard that if a Commission member does not attend two consecutive meetings without any notification they are automatically dismissed.

Richard Crabtree, City Attorney, asked if they would like the Code worded so that the person automatically forfeits their seat or does it come back to the Council for action after missing two consecutive meetings.

Mayor Cherveny felt the position should automatically be forfeited as it originally read and that is how the other Commission policy reads and that the Commission Chair will be in charge of notification of the Commission member.

Councilmember Houghton requested that all members of the various Commissions and Boards be given written notification about the importance of attendance from the City Council.

M/S/C Cherveny, Stevens to have staff change the wording of the City Code that would direct staff to have standards for all of the commissions to abide by that would enforce attendance to Commission Meetings. It was amended to direct staff to bring back some wording in the Ordinance and work with the City Attorney and to send out a letter under the Council’s direction that would remind Commissions of the importance of their attendance to Commission Meetings.

MEDICAL, PRESCRIPTION DRUG, DENTAL AND VISION INSURANCE OPTIONS

Tessa Pritchard, Human Resources Director, reviewed the staff report and gave staff’s recommendation to review the attached information and make one of the following recommendations:

1. Change the City’s Current Group Medical and Prescription Drug insurance provider to Operating Engineers with an effective date of either 9/1/03 or 10/1/03; and that the City maintain the current dental and vision insurance plans.

2. Make no changes to the City’s current Medical, Prescription Drug, Dental, and Vision plans.

There would be an open enrollment for those who might want to join because they prefer Operating Engineers.

This is the same insurance with a savings to about 40% employees and 60%of the employees will see an increase in their premium because of a $37.00 access fee for those who are not a part of the Operating Engineers Union. The issue is not about savings but about better coverage.

M/S/C Stevens, Flynn to change the City’s Current Group Medical and Prescription Drug insurance provider to Operating Engineers with an effective date of 10/1/03; and that the City maintain the current dental and vision insurance plans.

Mayor Cherveny has had positive feedback about the Adobe Road opening and access to the freeway and also mentioned that the County Fair is coming up.

Commendation was given to Cheryl Brinkley, Red Bluff Daily News Reporter, for attending the City Council meetings and grand openings and ceremonies and for the great press coverage.

Councilmember Stevens mentioned that Parks and Recreation Commissioner Mark Proctor recently received an appointment by the Governor to the Tehama County District Fair Board

At 7:45 P.M. Mayor Cherveny adjourned the meeting to September 16, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.