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CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: December 16, 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

Larry Stevens, Mayor Pro Tem

Andy Houghton

Gregg Avilla

Tere Hancock

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Rob Gibbs, Director of Parks and Recreation

Charles Hayden, Planning Director

Gloria Shepherd, City Clerk

Rhiannon Taylor, Human Resources Analyst

Mace MacIntosh, Police Captain

Venita Philbrick, City Treasurer

Gary Antone, Director of Public Works

Margaret Van Warmerdam, Director of Finance

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

Councilmember Hancock led the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.

Mayor Flynn presented Councilmember Hancock a plaque of appreciation for her service to the City of Red Bluff.

Gary Ramsey, Ramsey Jewelry Owner, requested that the City Council meetings in the future move to larger quarters to accommodate the many that want to attend.

REPORT REGARDING CONTRACT AWARDS � NOVEMBER 2003

Approved 5-0-0

RATIFY/APPROVE NOVEMBER PAYROLL CHECKS NUMBERS 15040-15203; PAYROLL DIRECT DEPOSIT NUMBERS 2561-2724/NOVEMBER PAYABLES CHECK NUMBERS 43230-43527

ADOPTION OF ORDINANCE NO. 948 AMENDING CHAPTER 14A OF THE CITY CODE BY ADDING SECTIONS 14A.24.1 AND 14A.24.2 ESTABLISHING REGULATIONS FOR USE OF DESIGNATED SKATEBOARDING AND SKATING AREAS.

Venita Philbrick, City Treasurer corrected the spelling of her name in the December 2, 2003 minutes and made the correction that she had only reviewed the status report for the month of June 2003.

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation to accept City Councilmember Tere Hancock�s resignation form the City Council effective January 1, 2004 and authorize the $576.86 monthly City contribution toward medical, dental, and vision benefits through December 31, 2003 which will provide coverage through December 31, 2003 for dental vision insurance and coverage through January 31, 2004 for medical insurance per the City�s policy for employee benefits.

M/S/C Stevens, Houghton to accept City Councilmember Tere Hancock�s resignation form the City Council effective January 1, 2004 and authorize the $576.86 monthly City contribution toward medical, dental, and vision benefits through December 31, 2003 which will provide coverage through December 31, 2003 for dental vision insurance and coverage through January 31, 2004 for medical insurance per the City�s policy for employee benefits.

Susan Price, City Manager, reveiwed the staff report and gave staff�s recommendation to discuss the method by which the remainder of the City Councilmember�s term be filled and direct staff as appropriate.

M/S/C Hancock, Avilla to direct staff to make appointment for the City Council vacancy and direct staff to advertise at appropriate dates to seat the appointment by 1/6/2004 and the cut off date will be 1/2/2004 at 3:00 P.M. to receive applications for the City Council vacancy.

1). PUBLIC HEARING, CONTINUATION; 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

A. 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 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 findings in 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.

Due to a family medical emergency, James Fazzari, building owner, was unable to attend this meeting and requested that the hearing be continued to January 6, 2004.

M/S/C Avilla, Hancock to table this item and approve the request to continue to a Public Hearing on 1/6/2004.

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation that City Council review the attached Annual BID Report and accept it as submitted or modify any particular portion of the report.

Linda Bullock, President Historic Red Bluff Association, presented the Annual BID Report and requested that it be accepted without any changes.

Finance Director Margaret Van Warmerdam requested that the City place a $10 fee on each business to absorb costs to the City for implementing billing.

M/S/C Hancock, Stevens to accept report and amend to move discussion to modify report to impose a $10 fee per business over to the 1/6/2004 City Council meeting.

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation to review information about redevelopment in the community in order to improve blighted areas that act as a barrier to new investment by private enterprise.

Informational Only

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation that City Council discuss city-wide trash collection and provide direction to staff whether to proceed with implementation of actions necessary to implement city-wide trash collection in the City or to take no further action.

Issues discussed included benefits of City-Wide Trash Collection, City Staff time spent on Code Enforcement related to trash, and methods for Collection of Delinquent Bills.

Edward Simon, concerned citizen, suggested a method for enforcing payment on delinquent bills by having other essential city services control or affect non-payment of bills.

Brent Jennings, concerned citizen, mentioned his concern about trash issues devaluing homes in his neighborhood.

Councilmember Stevens submitted a picture of a trash issue that continues to grow in his neighborhood.

Suggestions for methods of delinquency enforcement went from shifting the responsibility to the trash collector all the way to putting it on the property tax bill.

If an Ordinance is considered it could have the authority to process appeals and have a mechanism for individual hardship cases.

Waste Connections is a part of the process and will continue to be as the City moves forward with the idea to implement citywide trash collection.

Alan Abbs, Landfill Manager, explained that even with citywide trash collection there would still be code enforcement problems that will be helped by neighborhood cleanup days.

M/S/C Stevens, Avilla to direct staff to proceed with implementation of actions necessary to implement citywide trash collection in the City.

SPECIAL EVENT POLICE OVERTIME

Mace MacIntosh, Police Captain, reviewed the staff report and gave staff�s recommendation that City Council review the Police overtime expenditures for Special Events and direct staff on any of the following options.

1. Contact the Tehama County Fair Board regarding reimbursement for expenditures for events held at the Fairgrounds, and require that companies or associations benefiting from the event pay the associated Law Enforcement costs.

2. Reduce the contract with the Chamber of Commerce in the amount of the special events and credit these savings to the overtime budget.

4. Take other action as decided by the City Council regarding special event police overtime costs.

Susan Price, City Manager, mentioned that the high school does already pay for these services.

It was suggested that event producers in the City should pay a deposit in advance of events and after the event will reimburse the City for any additional special event time. This is an effort to find ways to defer costs as a result of cuts to the budget to the City.

Mark Eidman, Tehama District Fair CEO, mentioned that money is generated from these events for the City and there is a concern about charging for those events.

Ali Abassi, New Entertainer Concepts Organizer of Events, explained that their events are well organized and requested working together with the City to reduce additional service and costs.

Chamber of Commerce members were present and expressed concerns over the penalties these charges will create to events that generate revenue to the City. The Chamber recognizes the budget concerns and wants to do whatever is necessary to help with the budget issues. Most of the funding coming to the Chamber is from the Transient Occupancy Tax agreement.

The Chamber recommended that discussion about Transient Occupancy Taxes generated by visitors to these events in the City as well as other issues could be discussed in Budget Committee meetings and be brought back for a Public Hearing after ideas have been hammered out.

Councilmember Avilla mentioned that the discussion on the Agenda was specifically about Police overtime that was in addition to the actual costs expended on special events out of funds to the City.

A concerned citizen mentioned that not everyone attends these events and that the costs should go back to the customers and not the taxpayers.

M/S/C Hancock, Avilla to table and bring this item back after next agenda item and make a decision based on the dialogue.

ABSENT OR NOT VOTING: None

M/S/C Hancock, Houghton to table this item and bring back to a future agenda.

IMPACTS OF STATE BUDGET CRISIS-PROPOSED ADJUSTMENTS TO 2003/2004 FINAL BUDGET

Margaret Van Warmerdam, Financial Director, reviewed the staff report and gave staff�s recommendation to consider adjustments and/or reductions in the amount of up to $171,094 in the 2003/2004 Final Budget due to the State budget crisis and the State�s withholding of Vehicle License Fee payments to the City for July, August, and September 2003 and provide direction to staff for the 2003/2004 Final Budget.

Susan Price, City Manager, added that in addition to this money amount of $171,094, the money from July, August, and September that the State is saying will be paid back in 2006 cannot be relied on to be returned. In addition the $100,000 Cops Grant is intended to be included in the State budget, but may not be here at the end of the fiscal year. Three other federal grants may have cuts as well.

The Chamber of Commerce explained that they want to help however they reminded the City Council that they are the income-producing partners and that the City is the cost center partner.

The City Council explained that they provide Public Safety and Public Works above all else and safeguard the cutting of funds for those responsibilities first.

M/S/C Avilla, Stevens to accept these budget revisions totaling $171,094 with the caveat to revisit and partner with the Community Promotion part to address restructure ideas and amend to pay Chamber of Commerce the 2^nd Quarterly payment.

City Council took a 5 minute break

INFORMATIONAL ITEM, PLANNING DEPARTMENT PROJECTS

Charles Hayden, Planning Director, reviewed the staff report and gave staff�s recommendation to provide information to the City Council summarizing current Planning Department projects not yet approved.

Some projects require legislative issues and the legislative authority rests with the City Council to make changes to the general plan. An Ordinance requiring a Use Permit gives the City an extra look at an issue beyond a certain square footage and gives the City more ability to analyze it and the impact by the developer.

Informational Only

RESIDENTIAL BURN REGULATIONS

Tina Lee, Fire Marshall, reviewed the staff report and gave staff�s recommendation to provide additional information on residential burn regulations in the City.

Leaves only may be burned in the gutter and burn barrels will no longer be allowed. A permit allows brush fire burning and special events for warming fires. The service provided through Green Waste, to pick up leaves is encouraged rather than burning. After the first of the year the Landfill will be offering free drop off for burn barrels.

Informational Only

RESOLUTION NO. 73-2003 ESTABLISHING BAIL SCHEDULE FOR SKATE PARK VIOLATIONS PER CITY CODE 14A.24.2

Mace MacIntosh, Police Captain, reviewed the staff report and gave staff�s recommendation to review the proposed bail schedule for violations of City Code Section 14A.24.2 and approve the Bail Schedule as presented and adopt Resolution No. 73-2003 or direct Staff on how to proceed.

M/S/C Stevens, Avilla to approve the proposed bail schedule for violations of City Code Section 14A.24.2 and approve the Bail Schedule as presented and adopt Resolution No. 73-2003.

BREWERY CREEK SEWAGE PUMP STATION AND FORCE MAIN DESIGN PROJECT, PRELIMINARY DESIGN REPORT, CONTRACT AMENDMENT NO.1

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation to accept the Brewery Creek Sewage Pump Station and Force Main Preliminary Design Report and direct staff to proceed with Contract Amendment No. 1 for the project modifications outlined in the design report from Carollo Engineers for an additional not to exceed amount of $30,000.

M/S/C Stevens, Hancock accept the Brewery Creek Sewage Pump Station and Force Main Preliminary Design Report and direct staff to proceed with Contract Amendment No. 1 for the project modifications outlined in the design report from Carollo Engineers for an additional not to exceed amount of $30,000.

Gary Antone, Public Works Director, reviewed staff report and gave staff�s recommendation to authorize staff to proceed with compliance efforts regarding the new Public Building Smoking Regulations.

M/S/C Stevens, Hancock proceed with compliance efforts regarding the new Public Building Smoking Regulations.

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation to:

2. Accept Winzler & Kelley�s proposal for Prop. 13 Grant Fund services, at no cost to the City, and adopt Resolution No. 74-2003

M/S/C Stevens, Hancock to add Winzler & Kelley to the on-call engineering consultant list, accept Winzler & Kelley�s proposal for Prop. 13 Grant Fund services, at no cost to the City, and adopt Resolution No. 74-2003

At 10:05 P.M. Mayor Flynn adjourned the meeting to January 6, 2004 at 7:00 P.M., in the Red Bluff City Council Chambers.

REPORT REGARDING CONTRACT AWARDS � NOVEMBER 2003

Approved 5-0-0

1). PUBLIC HEARING, CONTINUATION; 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

Informational Only

SPECIAL EVENT POLICE OVERTIME

ABSENT OR NOT VOTING: None

City Council took a 5 minute break

INFORMATIONAL ITEM, PLANNING DEPARTMENT PROJECTS

Informational Only

RESIDENTIAL BURN REGULATIONS

Informational Only

RESOLUTION NO. 73-2003 ESTABLISHING BAIL SCHEDULE FOR SKATE PARK VIOLATIONS PER CITY CODE 14A.24.2

s/b Forrest Flynn