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CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: October 7, 2003

TIME OF MEETING: 7:00 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

Al Shamblin, Police Chief

Robb Gibbs, Director of Parks and Recreation

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

Vern Raglin, Fire Captain

Tina Lee, Fire Marshal

Richard Crabtree, City Attorney

Mayor Cherveny called the Regular Meeting to order at 7:00 P.M.

Venita Philbrick led the Pledge of Allegiance at the request of Mayor Cherveny and the assemblage joined in.

A Concerned Citizen addressed the City Council regarding the regulation of garbage fees, mandated collection fees, and whether it is the landlord or tenant who is responsible for paying these.

Robb Gibbs, Director of Parks and Recreation, invited the Public to attend the upcoming Jazz Ambassadors United States Army Field Band Concert, which is free and will be held on Monday November 3, 2003 at 7:00 p.m. at the Red Bluff Community Center.

Jim Ainsworth, Red Bluff Police Officer, recognized the members of the Tehama County Police Activities League who recently toured the State Capital and were present at the City Council Meeting. Thanks and appreciation was expressed to those who support and help to make the program and events a success.

The Financial Planning Association is dedicated to helping individuals to discover the value of financial planning and thereby proclaim October 6-12, 2003 as Financial Planning Week.

A coalition of organizations has emerged to confront stopping the cycle of domestic violence and requires support in the effort to end domestic violence by proclaiming the month of October 2003 as Domestic Violence Awareness Month.

Diane Rabalais thanked everyone for helping to spread the word that education, prevention and intervention of violence can be spread year round and by wearing a purple ribbon to bring about awareness.

The 21^st Annual Western Open Fiddle Championships are being held in Red Bluff at the Tehama District Fairgrounds and all Tehama County citizens are invited to attend and October 19-25, 2003 is declared Western Open Fiddle Week perpetuating the art and music of old time fiddling.

Thanks were made to the City Council and a medley of songs was performed by Tex Ash, Pat Scott, and Rich Reynolds.

M/S/C Avilla, Houghton to approve remaining Consent Calendar after Councilmember Stevens requested that Items # 5, 6, & 11 be pulled for discussion.

M/S/C Stevens, Flynn to authorize Firegear as a sole source vendor and allow the Fire Department to continue purchasing Protective clothing from Firegear.

ALLOCATION OF ADDITIONAL FUNDS FOR FIRE DEPARTMENT FITNESS CONTRACT WITH TEHAMA FAMILY FITNESS CENTER

The raised costs of the fitness plan and the need for a health and fitness program that is heavily used by the Red Bluff Fire Department were discussed.

M/S/C Stevens, Avilla to authorize an additional $230.00 for the fitness contract to be included in the final 2003/2004 budget.

The discussion of increased costs to the downtown landscape maintenance overflow parking lot areas was reviewed and it was determined that there was not enough time available for City Public Works Staff to properly maintain them.

M/S/C Stevens, Avilla to authorize an amendment to the Parker Landscaping contract to include the Bus & Ride and overflow parking lot landscape maintenance work in the amount of $3,180 annually and authorize the City Manager and/or Public Works Director to execute a contract amendment.

EXPIRATION OF TERMS; VARIOUS COMMISSIONS

Approved 5-0-0

EXECUTION OF AMENDMENT OF CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF RED BLUFF – MILITARY SERVICE CREDIT FOR POLICE AND MISCELLANEOUS MEMBERS

Approved 5-0-0

RESOLUTION NO. 55-2003, THOMPSON AND GENTRY PURCHASE OF AIRPORT INDUSTRIAL PARK PROPERTY

Approved 5-0-0

RESOLUTION NO. 57-2003, MIKE AND CHRISTINE GROWNEY PURCHASE OF CITY PROPERTY ADJACENT TO AUTO DEALERSHIP

Approved 5-0-0

RESOLUTION NO. 56-2003, CITY OF RED BLUFF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE)

Approved 5-0-0

REQUEST FOR A MAINTENANCE REIMBURSEMENT AGREEMENT WITH THE TEHAMA COUNTY TRANSPORTATION COMMISSION OR MAINTENANCE SERVICES AT THE BUS & RIDE AND OVERFLOW PARKING LOT TRANSIT FACILITIES WITHIN THE CITY

Approved 5-0-0

APPROVAL OF MINUTES

ABSENT OR NOT VOTING: Flynn (Abstained – absent from meeting of September 16, 2003)

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation to authorize the City Manager to enter into a contract with Computer Logistics for computer system and maintenance services for a period of one year with a two year extension.

M/S/C Stevens, Houghton to authorize the City Manager to enter into a contract with Computer Logistics for computer system and maintenance services for a period of one year with a two-year extension.

PERSONAL APPEARANCE-TOM GUTTIERREZ AVIGATION EASEMENTS AND BUS BENCH AT 515 MAIN STREET

Tom Guttierrez discussed the avigation easements and the limitations that it has imposed on the use of his property. He felt that the hired appraiser was not being fiscally responsible to citizens and not following policies by offering to pay the property owners only two cents a square foot for the avigation easements for the City’s right of way. The total of $800 for the use of his family’s property is the issue and could take the direction of all ending up in court. He feels the offer for the aviagtion easements is inadequate and as a result their property can no longer be developed.

Evelyn Hood, an adjacent property owner and concerned citizen, supports and will also join Tom Guittierrez, regarding the limits and inadequate offers recommended by the consultant.

Margaret Guttierrez, owner of Tom Guttierrez’s property, expressed her shock at the offer in comparison to the value of other property in the community.

Jim Chambers, property owner and concerned citizen, is also affected by the offer of about $900 for the air space over 2.4 acres, that deems the land useless. The land was originally purchased to be used and developed and can not be used now and loses value. He feels that he may also end up in court.

Susan Price, City Manager, mentioned that this would be discussed at a Closed Session Meeting before the next City Council meeting on October 21, 2003 along with the City Attorney.

RADIO CONTROLLED MODEL AIRCRAFT OPERATIONS AT RED BLUF MUNICIPAL AIRPORT

Gary Antone, Director of Public Works, reveiwed the staff report and gave staff’s recommendation to have City Council consider the Airport Commission’s recommendation to deny RCMA operations at Red Bluff Municipal Airport on the basis of airspace safety concerns and deny the RCMA group’s request.

Property owners at the Industrial Park expressed safety concerns for the other aircraft in the area when RCMA members fly out of their zoned areas and have hit some of the buildings in the area.

Robb Schmid, Airport Commission Chairman, explained that the business owners and aircraft owners have a conflict over what is happening. The long-term view is that the airport is for general aviation and not for remote control aircraft and it is in the best interest of Red Bluff and for the safety of the community to recommend that they deny the RCMA group’s request.

Councilmember Avilla asked if there were any members of RCMA present and whether they had searched or found a permanent home to have their group fly. Suggestions had been made but as far as the Commission could determine there had been nothing found.

The RCMA had been notified that this would be on the Agenda and there was a concern that they may have had comments to make in response to this but did not appear.

M/S/C Avilla, Stevens to move this item to the next City Council Meeting until the RCMA Group could be notified and be allowed to respond and that this item would be placed on the next Agenda.

Councilmember Avilla withdrew his motion when it was discussed that members of the RCMA Group had been present at the meeting earlier and had left.

M/S/C Houghton, Avilla to deny RCMA operations at Red Bluff Municipal Airport on the basis of airspace safety concerns and deny the RCMA group’s request.

APPEAL CONDITIONS OF PLANNING COMMISSION APPROVAL; USE PERMIT NO. 343; REHABILITATE SECOND STORY FIRE DAMAGED DWELLING UNITS (APARTMENTS) IN “HC” ZONING DISTRICT; 611 MAIN STREET, FRANK DISALVO

Charles Hayden, Planning Director, reviewed the staff report and gave staff’s recommendation to:

· Uphold the findings and conditions approved by the Planning Commission, listed in document titled “Revised Conditions and Findings Summary Use Permit No. 343 611 Main Street” with the finding that the action of the Planning Commission was appropriate and valid; or

· Modify condition(s) of approval with the findings that the revised condition(s) are consistent with the findings in the document titled “Revised Conditions and Findings Summary Use Permit No. 343 611 Main Street”.

Paulette Bishop, daughter of Frank DiSalvo the owner of the building, explained that the cost of the sprinkler system is prohibitive in spite of their desire to renovate the building. They requested that a hard wire alarm system would be more feasible. The guaranteed parking was also not possible and is not something other businesses in the area are not required to do.

Councilmember Avilla asked Division Chief Gray if there was a recommendation for this unique property and Division Chief Gray explained that you have to balance out these situations with economic realities and mentioned that Fire Marshal Lee had done studies on this topic.

Fire Marshal Tina Lee explained that the sprinkler systems help to control a fire better but they are not required by the code unless there are five apartments or more.

Mayor Cherveny asked if there had been a request for the waiver of the fee and wanted to know why they had not paid for the $500 appeal fee and it was determined that an appeal had been accepted but not a fee.

Councilmember Avilla asked if there were monies available to preserve historical buildings and provide for a sprinkler system that would benefit the community and it was decided that it could be looked into.

City Attorney Richard Crabtree mentioned that it was his recommendation to not process an appeal that has been received without a fee.

M/S/C Avilla, Stevens to not consider this appeal until the City of Red Bluff has received money for the appeal fee and bring it back to the next City Council Meeting.

ATTENDANCE AND TERM OF OFFICE FOR MEMBERS OF CITY COMMISSIONS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to consider the draft language prepared by the City Attorney regarding uniform criteria for attendance and terms of office of City Parks and Recreation, Planning and Airport Commissioners, and Board of Appeals members and provide direction to staff.

M/S/C Avilla, Flynn to approve the draft language prepared by the City Attorney regarding uniform criteria for attendance and terms of office of City Parks and Recreation, Planning and Airport Commissioners, and Board of Appeals members.

COMPENSATION FOR CITY COMMISSIONERS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to discuss the issue of compensation for City Commissioners and provide direction to staff.

Mayor Cherveny recommended $25.00 a month per attended meetings by Commissioners.

It was discussed that other Commissions that are labor intensive might want to be paid also and due to State funding problems it was an extra cost for the City. The people who serve in this capacity don’t expect a payment and it would set a precedent for everyone to expect some kind of payment. Many people are honored to serve without pay.

Charles Hayden, Planning Director, reviewed the staff report and gave staff’s recommendation to waive the second reading and adopt Ordinance No. 946.

M/S/C Avilla, Flynn to waive the second reading and adopt Ordinance No. 946.

Charles, Hayden, Planning Director, reviewed the staff report and gave staff’s recommendation to:

· Approve a supplemental appropriation and authorize payment of $3,760 to Omni Means for preparation of draft Large Vehicle Parking Ordinance language.

· Designate the Planning Director as the lead staff responsible for preparation of Large Vehicle Parking standards in form suitable for adoption.

Councilmember Stevens requested that a substitute motion be made to postpone making this obligation until January 1, 2004.

Susan Price, City Manager, explained that the work was previously directed to e done by the City Council and the work is already completed.

There were concerns expressed by Councilmember Stevens about the approving of additional work and about how certain criteria and procedures that are set were not followed here before asking for the funding.

City Attorney, Richard Crabtree explained that it was an extension of an existing project that was approved and that this was a change order available for unforeseen things that come up. By giving direction they gave authorization to go ahead with the project.

APPROVAL OF ANIMAL CONTROL OFFICER JOB CLASSIFICATION

Tessa Pritchard, Human Resource Director, reviewed the staff report and gave staff’s recommendation to approve the job classification of Animal Control Officer and direct staff to begin the recruitment process.

The funding from the grant is due to sunset after July 1, 2004 and may not be reauthorized in the future or may be reduced by the State budget.

Concerns were expressed about the economic issues of providing services to the City and that the position may be offered for only one year or other cutbacks may take place as a result of the lack of funding.

M/S/C Avilla, Flynn to pass the job classification for the Animal Control Officer.

M/S/C Flynn, Cherveny to begin recruitment immediately for the Animal Control Officer.

RESOLUTION NO. 54-2003; A RESOLUTION SETTING CERTAIN RULES AND REGULATIONS FOR THE MANAGEMENT AND MIDMANAGEMENT EMPLOYEES OF THE CITY OF RED BLUFF AND PROVIDING CERTAIN BENEFITS THEREFORE.

Tessa Pritchard, Human Resource Director, reviewed the staff report and gave staff’s recommendation to adopt and direct the Mayor to sign Resolution No. 54-2003.

M/S/C Flynn, Houghton to adopt and direct the Mayor to sign Resolution No. 54-2003.

Intermission

ADOPTION OF RED BLUFF POLICE DEPARTMENT POLICY MANUAL

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to adopt the new Red Bluff Police Department Policy Manual as presented.

M/S/C Avilla, Stevens to adopt the new Red Bluff Police Department Policy Manual as presented.

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to discuss and approve staff’s recommended expenditures of the remaining 2002/2003 CLEEP funding.

M/S/C Houghton, Stevens to approve staff’s recommended expenditures of the remaining 2002/2003 CLEEP funding.

PUBLIC HEARING – 2003/2004 SUPPLEMENTAL LAW ENFORCEMENT SERVICES GRANT FUNDS - $100,000

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to open the Public Hearing, consider public comments, and approve the expenditure plan for Supplemental Law Enforcement Services Funds.

Mayor Cherveny opened the Public Hearing at 9:21 p.m.and hearing no comment closed the Public Hearing at 9:21 and a half p.m.

M/S/C Houghton, Flynn to approve the expenditure plan for Supplemental Law Enforcement Services Funds.

NORTHERN CALIFORNIA LAW ENFORCEMENT COMMUNICATIONS AND INFORMATION SHARING INITIATIVE

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to approve this non-binding MOU for the Regional Information Sharing Project.

Councilmember Avilla mentioned that the importance of sharing of information amongst law enforcement agencies is critical at this time.

M/S/C Avilla, Houghton to approve this non-binding MOU for the Regional Information Sharing Project.

POLICE SHOOTING RANGE REHABILITATION PROJECT

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to discuss the Police Shooting Range Rehabilitation Project and provide direction to staff.

Gary Antone, Public Works Director, explained the need to change the range from an easterly direction to a southerly direction for safety concerns and the expansion of the range. CDF is offering to do the major earth work for this project.

BULLET RESISTANT POLICE FRONT COUNTER

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to discuss the enclosure of the Police Department front lobby and direct staff as to whether to proceed with the low bid from Architects Thomson and Hendricks to complete the field measurements, design and bid documents.

Councilmember Stevens recommended looking into an intercom or phone system on the outside of the building and not allowing people into the lobby.

M/S/C Stevens, Flynn to direct staff to proceed with the low bid from Architects Thomson and Hendricks to complete the field measurements, design and bid documents.

TEHAMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, GROUNDWATER MANAGEMENT PLAN, WATER INVENTORY AND ANALYSIS DOCUMENT

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation that the City Council review and comment as appropriate on the Groundwater Management Plan Water Inventory and Analysis document.

M/S/C Avilla, Flynn to accept the Groundwater Management Plan Water Inventory and Analysis document.

BUS & RIDE RESTROOM USE FOR DOWNTOWN EVENTS

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation that the City Council discuss the downtown restroom issue and provide direction to staff.

When events come to town they can have the option of the use of the restrooms and the responsibility of the cost of the maintenance for it.

M/S/C Stevens, Avilla, to have staff bring back a recommendation on how to proceed and regulate for different events.

2003 STREET OVERLAY PROJECTS

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation that the City Council authorize the inclusion of Metzger Street in the STIP South Overlay Project work and direct staff to proceed with a contract change order for Tullis and Heller, Inc., to complete the Metzger Street connection between Kimball and Givens Road in an amount not to exceed the remaining STIP funds for the South Overlay Project area.

M/S/C Avilla, Houghton to direct staff to proceed with a contract change order for Tullis and Heller, Inc., to complete the Metzger Street connection between Kimball and Givens Road in an amount not to exceed the remaining STIP funds for the South Overlay Project area.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation that the City Council authorize Contract Change Order #2 & 3 for the Brickyard Apartment Project in the amount of $13,708.93 and $9,551.92 and authorize the expenditure from Fund 71-72-530-100.

M/S/C Flynn, Avilla to authorize Contract Change Order #2 & 3 for the Brickyard Apartment Project in the amount of $13,708.93 and $9,551.92 and authorize the expenditure from Fund 71-72-530-100.

Councilmember Avilla asked that with the MOU issues is City Council setting a precedent here where they are treating one unit differently than another.

Susan Price, City Manager, explained that the unit that runs different hours of operation may receive different consideration and that there is nothing in City Government that says you have to treat every unit the same.

At 10:05 P.M. Mayor Cherveny adjourned the meeting to October 21, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.