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CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: November 4, 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: Forrest Flynn, Mayor Pro Tem

Gregg Avilla

Andy Houghton

Larry Stevens

Councilmembers Absent: Mayor Tere Mayor Hancock (Absent – Excused)

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

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

Michael Damon, Fire Chief

Al Shamblin, Police Chief

Robb Gibbs, Director of Parks and Recreation

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

Mace McIntosh, Police Captain

Virginia Bugbee, Building/Planning Coordinator

Mayor Pro Tem Flynn called the Regular Meeting to order at 7:00 P.M.

Mace McIntosh, Police Captain, led the Pledge of Allegiance at the request of Mayor Pro Tem Flynn and the assemblage joined in.

CANDLELIGHT VIGIL AND BLUE LIGHTS TO HONOR OFFICER DAVID MOBILIO’S LIFE

Al Shamblin, Chief of Police, reviewed the staff report and gave staff’s recommendation to celebrate Officer David Mobilio’s life by attending the Candlelight Vigil and by joining in placing a Blue Light on the decorated trees in the downtown area or at your residences.

November 19, 2003 marks the one-year anniversary of the death of Officer David Mobilio and the City of Red Bluff, the Police Department, Linda Mobilio, and Dave’s family are planning a vigil starting at noon at the Cone Kimball Plaza where the American Flag and a banner will be placed. At 4:30 P.M. the Red Bluff Fire Department will move the flag and banner to the Bethel Assembly of God Church at Luther and Mill Street where the Candlelight Vigil will start at 5:30 P.M.

Linda Mobilio took the opportunity to invite the City Council and everyone in the Community to attend and expressed how much she appreciates this.

M/S/C Houghton, Stevens to celebrate Officer David Mobilio’s life by joining us at the Candlelight Vigil and by placing a Blue Light on the decorated trees in the downtown area and at our residences.

Venita Philbrick on behalf of Tehama County Education Foundation invited everyone to the 8^th Grade Career Day Thursday November 6, 2003 at the Fairgrounds that will include the presentations for Career Paths.

She also invited everyone to the Downtown Holiday Magic Kickoff that includes carriage rides and an Art Walk on November 7, 2003 4-7 P.M.

Gerry Gray, Division Chief, discussed the response by the Red Bluff Fire Department on October 25, 2003 to the Governor’s plea for assistance with the fires in Southern California. The Red Bluff Fire Department was dispatched to the Simi Valley Fire and the Cedar Fire. He reported that they saved structures and made a difference. He then thanked the City Council for the opportunity to present the information.

Al Shamblin, Chief of Police, introduced three new additions to the Red Bluff Police Department. Community Service Officer, Carrie Knuckles, for the downtown parking enforcement, Officer Kevin Hale came from the Tehama County Sheriffs Department, Officer Gene Randall came from Plumas County Sheriff’s Department and each were congratulated and welcomed to staff.

Mayor Pro Tem Flynn requested that Item # 5 be pulled from the Consent Calendar due to the fact that it was a non-issue and was placed on the Agenda in error. The parking down town is not restricted for the Christmas Parade.

RESOLUTION NO. 65-2003; DESIGNATION OF NO PARKING ZONE IN THE 2900 BLOCK OF MAIN STREET

Approved 4-0-1

RESOLUTION NO. 62-2003; STREET CLOSURE FOR THE “SHARE YOUR CHRISTMAS” FOOD DRIVE

Approved 4-0-1

CERTIFICATION AWARDED TO BUILDING DIRECTOR/OFFICIAL J.D. ELLISON INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to congratulate Building Director/Official JD Ellison for his accomplishment and commitment to the City and his field of work.

JD Ellison, Building Director/Official thanked all of the Department Heads, the City Manager and the City Council for working together and he thanked everyone for the opportunity to serve the City.

M/S/C Avilla, Houghton to congratulate Building Director/Official JD Ellison for his accomplishment and commitment to the City and his field of work.

FARM AND RANCH SOLID WASTE CLEANUP AND ABATEMENT GRANT PROGRAM RESOLUTION NO. 67-2003

Alan Abbs, Solid Waste Director, reviewed the staff report and gave staff’s recommendation to adopt Resolution No. 67-2003 – A Resolution Authorizing the Tehama County Sanitary Landfill Agency to submit regional applications to the California Integrated Waste Management Board for the 2003/2004 Farm and Ranch Solid Waste Cleanup and Abatement Grant Program.

It was suggested that additional funding be investigated to be obtained for non-agricultural areas within the City.

M/S/C Stevens, Avilla to adopt Resolution No. 67-2003 – A Resolution Authorizing the Tehama County Sanitary Landfill Agency to submit regional applications to the California Integrated Waste Management Board for the 2003/2004 Farm and Ranch Solid Waste Cleanup and Abatement Grant Program.

PUBLIC HEARING; 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 (2) REQUEST TO WAIVE $500 APPEAL FEE

A. Charles Hayden reviewed the staff report and gave staff’s recommendation to conduct the Public Hearing to consider the appeal to the conditions applied by the Planning Commission to the approval of Use Permit No. 343.

B-1 Either uphold the conditions and findings Approved 4-0-1 by the Planning Commission in the 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

B-2 Modify the one or both of the Planning Commission conditions of approval with findings that the revised condition or conditions is or are consistent with the finding sin the document titled “Revised Conditions and Findings Summary, Use Permit No. 343, 611 Main Street.”

C. If the City Council determines it is appropriate waive all or a portion of the $500 fee paid to process this appeal and direct staff the refund all or a portion of that fee.

Paulette Bishop, concerned citizen and building owner, read her letter to the City Council addressing the sprinkler system requirements as well as the parking concerns.

Fred Wildes, contractor for the remodeling job to the buildings discussed his meetings with contractors regarding the opinions of the installation of the estimated cost of the sprinkler system at $35,000 to $40,000. The Codes would include the whole building and would require extensive water main access to comply. The anti-siphon valve would be an additional cost including sprinklers underneath and above suspended ceilings and the entire total cost could be as much as $65,000 - $75,000 not counting fees and permits. The renovation can become overly burdensome and the owner can become either unwilling or unable to finish the project.

Councilmember Stevens asked if the waiver on the parking was allowed then how many parking permits per unit would be allowable and what was the Fire Chief’s alternatives for fire protection.

The permit alternative would require that the City restructure how parking is regulated due to the fact that the City does not presently have parking with permits.

Monitoring systems for the fire protection is an alternative but the sprinkler system is the most reliable for putting water on the fire immediately.

The other rehab buildings on the block were converted back to single story buildings and there is no other sprinkler fire system in the block.

In order to preserve the historical downtown area and save lives, Michael Damon, Fire Chief, recommended that a sprinkler system is the most reliable system.

Helping to provide financial help through grant funding was a consideration that would assist owners with the cost of the sprinkler system and it was recommended that this be researched.

This project went to the Planning Commission for approval, due to the request for a residence in the second story of the building. This triggered that National and State Standards be implemented which recommends the fire sprinkler system.

It was mentioned that you can protect people to a certain point and then it gets to the point of going overboard and this may not be economically feasible and may slow down development.

The grant money available requires that low-income families be eligible for the residence.

M/S/C Stevens, Avilla, to authorize B-1 to uphold the conditions and findings Approved 4-0-1 by the Planning Commission in the 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.

No Action Item

M/S/C Avilla, Houghton to continue this entire item for the Public Hearing; 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 (2) request to waive $500 appeal fee on to December 16, 2003 to be discussed then.

REQUEST FOR EXEMPTION FROM ORDINANCE NO. 946, TREE PRESERVATION AND REPLACEMENT STANDARDS; 358 WALTON AVENUE; CHARLES WRIGHT

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

Charles Wright, property owner and concerned citizen, thanked the City Council for allowing him to appear again. He said that there were 31 trees on the parcel that needed to potentially be cut. After reviewing the Ordinance he submitted a letter in response that included estimates for a total of $800 per tree and a total of $26,000. His reasons for the exemption were economics and this Ordinance raises barriers and increases pressure on those in business. The end result is loss of uniqueness when the small businesses can’t afford the costs. The balance is shifted to the larger businesses where the individual character is squeezed out.

Without this Ordinance a developer is still going to be spending money on estimated costs for compliance with guidelines and development.

This Ordinance allows for an exception and the City works with developers to meet their needs as well as the City’s needs.

It is not reasonable that all 31 trees will need to be removed for development and there will be requirements to landscape at a later date.

Charles Wright, offered a site specific response that explained that he will reduce the grade that will take out most of the trees on the site. Then at that point he will be in a position to put up a building once he has a tenant.

WELLNESS CENTER PROJECT AAMENDED REQUEST FOR SUBORDINATION OF CDBG LOAN

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to approve the amended subordination request for the Community Development Block Grant loan, previously awarded by the City for the Wellness Center Project to release the 2^nd deed of trust on Ed Stroman’s residence until the 1^st deed of trust with Fremont Bank has recorded and then re-record their lien and authorize the Mayor to sign the required documents for the subordination request.

Typically 2^nd and 3^rd place loans on properties when a project sells are cleaned off and it does not appear that this provides any great risk to the city. The motion was modified to include a 30-day time period after Councilmember Stevens requested one.

M/S/C Houghton, Avilla to release the 2^nd deed of trust on Ed Stroman’s residence until the 1^st deed of trust with Fremont Bank has recorded and then re-record their lien and authorized the Mayor to sign the required documents for the subordination request with the stipulation that the 2^nd Deed of Trust would be re-recorded within 30 days after the 1^st Deed of Trust has recorded.

PUBLIC HEARING 2003/2004 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM

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

5. Adopt Resolution 68-2003 authorizing submission of the Home Investment Partnerships (HOME) Program Application for one of the proposed projects and authorize the City Manager to sign all necessary documents on behalf of the City of Red Bluff.

Bill Spann, representative of Pacific Communities, proposed a 56 unit multi family apartment project on the northwest corner of S. Ridge Drive and future extension of Vista Way. This is east of a project they completed a year ago with the same form of financing. They made a HOME application and then continued on to complete the financing with a conventional loan with 9% tax credits. The City was very cooperative in assisting in obtaining the necessary points to win in the competition with the redevelopment agency. They have an advantage due to their eligibility of receiving an allocation of a $500,000 for a permanent loan for this project. This obligated funding assistance is an advantage to this project in the Rural set aside funding. If the project doesn’t go forward the City has to give back the HOME award and it hinders the City’s ability to be competitive in future rounds of HOME financing, as they will receive negative points for not utilizing prior allocation of funds. Part of the funding of that project will be to do infrastructure and road improvements. To complete the funding it will cost about $250,000. The apartment complex will include amenities such as a pool, clubhouse, and laundry access.

Matthew McGlynn, Attorney at Law, representing the PAM Companies had with him Michael Vetker and Elva Grant. They plan to put in an apartment complex that they will develop across from the Community Center. This will provide amenities like a playground and common room, as well providing some low income housing for Red Bluff. It will also include infrastructure that is already in place and has potential development concerns to run sewer out to the site and some construction on the road. This parcel is readily developable. The plan is on target to be developed and to be completed timely. The PAM companies are very skilled in getting together this package and have a lot of experience in what they are doing to fill an existing need in our community.

Bill Spann, representative of Pacific Communities, explained that the funding that they already have obligated to the Pacific Communities gives them an advantage. He strongly suggested the City Council take them into consideration and look at their track record of past history development in utilizing the HOME funds and their ability to successfully develop the Meadow Vista Project and the benefit of having the loan application in hand.

Elva Grant, PAM Company representative, explained that she applied for tax credits on the Red Bluff Meadows project adjacent to the site they are currently looking at and maximized their points and that was the only reason they got tax credits. The rural set aside projects with home and tax credits will allow an easier path to follow for putting this project in place.

Councilmember Stevens mentioned that larger parcels offer a better quality of life and a more open feeling that is desirable for the community.

Bill Spann, representative of Pacific Communities, assured the City Council that the past history has never had any difficulty in closing the loan in a time frame allowed. The HOME loan is a valuable commodity that is available to them now.

Michael Vetker, V.P. PAM Development, explained that the HOME loans available each year do not allow them control option on the land to go through another year and need to act on this piece of ground now.

Bill Spann, representative of Pacific Communities, explained that the project is a vital improvement for the future of the City.

Charles Hayden, Planning Director, addressed environmental issues and explained that there is a drainage way at the end of Southridge and an analysis determines if it is a wetland. If it is determined to be one then at that time the option is to buy into a mitigation bank to create the wetland someplace else.

M/S/C Avilla, Houghton to support the Kimball Crossing Multi-Family Development for the Home Fund Project.

Councilmember Stevens mentioned concerns that this choice may be highly impacted with parking and traffic issues, as well as doing it on less than 50% of equal property and the amenities are greater with the other project. The Pacific Communities Project gives an opportunity to develop infrastructure at the expense of the builder and greater use of the roadways would be better for the community as a whole.

Gary Antone, Director of Public Works, mentioned that there will be an impact on traffic on South Jackson and Kimball and the developer will have to provide information on what the impacts will be so that the City can address that.

Susan Price, City Manager, mentioned that it is difficult to line up funding for these projects in a timely manner and you will lose them if you don’t comply.

RESOLUTION NO. 69-2003 – A RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNEMENT MAY TAKE LOCAL TA X FUNDS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to consider adoption of Resolution No. 69-2003 – A Resolution Supporting A Statewide Ballot Initiative To Require Voter Approval Before State Government May Take Local Tax Funds.

M/S/C Avilla, Houghton to adoption of Resolution No. 69-2003 – A Resolution Supporting A Statewide Ballot Initiative To Require Voter Approval Before State Government May Take Local Tax Funds.

These reports come out quarterly and show a positive sign of our economic growth and will be provided as they are received. Categories will be clarified as to where the City of Red Bluff receives sales tax income.

DWR STATE STREET CROSSWALK REQUEST

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation to deny the request for installation of a mid-block crosswalk on State Street in front of the DWR office.

It has not been proven showing that there is a safety problem there and this could be addressed at a later date showing the cause for this. If the cross-walk is Approved 4-0-1 it would also include parking issues and signage on the street to make this happen.

M/S/C Stevens, Avilla to put in a mid-block crosswalk on State Street in front of the DWR office.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to award the WWTP filter valve bid to T&T Valve and Instrument, Inc. in the amount of $19,352.43 and valve installation to Iron Oak Enterprises in the amount of $11,950, for a total expenditure of $31,302.43.

M/S/C Stevens Avilla to award the WWTP filter valve bid to T&T Valve and Instrument, Inc. in the amount of $19,352.43 and valve installation to Iron Oak Enterprises in the amount of $11,950, for a total expenditure of $31,302.43.

526 JEFFERSON STREET LOT DEVELOPMENT

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to approve the reconsideration of the Jefferson Street lot project in the spring/summer of 2004.

M/S/C Stevens Avilla to approve the reconsideration of the Jefferson Street lot project in the spring/summer of 2004.

RESOLUTION NO. 62-2003, RED BLUFF MUNICIPAL AIRPORT, STATE DIVISION OF AERONAUTICS MATCHING GRANT FUNDS FOR CONSTRUCTION OF A WATER POLLUTION ABATEMENT FACILITY FOR WASHING AIRCRAFT AT THE RED BLUFF MUNICIPAL AIRPORT

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to authorize the submittal of the State Division of Aeronautics AIP Grant Fund Application and adopt Resolution No. 63-2003.

M/S/C Avilla, Houghton to authorize the submittal of the State Division of Aeronautics AIP Grant Fund Application and adopt Resolution No. 63-2003.

Councilmember Stevens mentioned the United States Army Jazz Ambassador Band came to the City of Red Bluff to perform a free concert for the Community and presented a framed picture acknowledging their opportunity of coming to Red Bluff.

Councilmember Stevens requested an update on the issue regarding the crosswalk at South Jackson and Crosby and he requested an update in the second City Council meeting in December.

Charles Hayden, Planning Director, responded that progress on the issue of grading plans is slowly moving forward.

At 9:50 P.M. Mayor Pro Tem Flynn adjourned the meeting to November 18, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.

CANDLELIGHT VIGIL AND BLUE LIGHTS TO HONOR OFFICER DAVID MOBILIO’S LIFE

RESOLUTION NO. 65-2003; DESIGNATION OF NO PARKING ZONE IN THE 2900 BLOCK OF MAIN STREET

Approved 4-0-1

Approved 4-0-1

Approved 4-0-1

Approved 4-0-1

Approved 4-0-1

No Action Item

REQUEST FOR EXEMPTION FROM ORDINANCE NO. 946, TREE PRESERVATION AND REPLACEMENT STANDARDS; 358 WALTON AVENUE; CHARLES WRIGHT

WELLNESS CENTER PROJECT AAMENDED REQUEST FOR SUBORDINATION OF CDBG LOAN

PUBLIC HEARING 2003/2004 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM

DWR STATE STREET CROSSWALK REQUEST

526 JEFFERSON STREET LOT DEVELOPMENT

S/B Forrest Flynn

S/B Gloria Shepherd

City Clerk