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CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: January 6, 2004

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

Gregg Avilla

Andy Houghton

Russ Frey

Councilmembers Absent: None

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

Mace McIntosh, Police Captain

Robb Gibbs, Director of Parks and Recreation

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

Venita Philbrick, City Treasurer

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

Venita Philbrick, City Treasurer led the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.

Pat Johnston, concerned citizen, requested that the appointment of “City Council Member” be removed from the Agenda. She was concerned that the decision for appointing the City Council Member had been made too quickly and that it was done during the busy holidays and there was not adequate advertising done to allow other interested people to apply. She asked that the decision be put off until the meeting of January 20, 2004 in order to allow time for people to respond to the two applicants and allow others to put their applications in.

Approved 4-0-0

SHOOTING RANGE LETTER OF UNDERSTANDING BETWEEN THE CONSERVATION CAMP PORGRAM AND THE CITY OF RED BLUFF

UNION PACIFIC RAILROAD REPAIR WORK

Approved 4-0-0

Mayor Flynn stated that an item of consideration had been brought to the City Council’s attention for immediate action by the City Council. This issue arose after the completion and posting of the City Council Agenda and could be added to the Agenda by a minimum 4 out of 5 votes of the City Council. It has been determined by staff that action on this item could not wait until the next Council Meeting date of January 20, 2004.

M/S/C Stevens, Avilla to approve that consideration of the US Environmental Protection Agency (EPA) Unregulated Contaminate Monitoring be added as item number 17 of this agenda.

Susan Price, City Manager, reviewed staff report and gave staff’s recommendation to consider the appointment from applications received to complete the remaining eleven months of the four-year term of former City Council Member Tere Hancock.

The request by Pat Johnston, to hold over appointing the City Council Member for two weeks was discussed and it was mentioned that there had been 2 legal notices advertised in the Red Bluff Daily News as well as additional articles regarding the appointment of a City Council Member.

Mayor Flynn felt that there had been adequate notice and that there needs to be a full City Council to operate effectively.

Curt Dahl, applicant for the City Council position, addressed the City Council and expressed his appreciation for being considered. Mr. Dahl is a Tehama County Code Enforcement Officer/Private Investigator, and does not feel that there would be any conflict with this position and the City Council Member position

Russ Frey, applicant for the City Council, thanked the City Council for the opportunity to be heard and mentioned that he has served previously and is a long time resident who looks forward to serving again.

Pat Johnston, concerned citizen, gave reasons why she did not feel that Russ Frey was an appropriate candidate for the City Council. She read excerpts from the 1986 Grand Jury records resulting in a lawsuit by Russ Frey against the Grand Jury, for remarks made in the Grand Jury report. She also mentioned another lawsuit filed by Russ Frey against the paper, Kathleen Rowen, Carol Santino, and Does 1-40 that Pat Johnston belongs to. She explained that the lawsuit was in regards to a 1996 story published in the paper that implied that there had been a cover-up between Russ Frey and the Police.

Pat Johnston, concerned citizen, also gave reasons why Curt Dahl is not an appropriate candidate for City Council due to his misleading and alleged deliberate lies towards her and her family over a zoning problem next door to her property. She felt that the lack of cooperation by Curt Dahl was because she was against the recall going on then and therefore against George Robison continuing as Planning Director and that it was payback.

Eventually Pat Johnston discovered FEMA Regulation Laws that she believed proved everything that Pat had been saying was correct during the 10 years of harassment by her neighbor over the zoning issues. At that time she alleged that Curt Dahl came to her and told her that since digging up the FEMA information she could forget ever doing any improvements on her home. During this period of time the Police, County Sheriffs, and Curt Dahl were noticed out near her rural area on a regular basis. Pat claimed that Curt Dahl was going to testify along with Barbara McIver over the zone issue and the case was eventually dropped on recommendation of the Court. Pat Johnston feels that it’s time for the City to have some fresh new Council members.

The ballots were passed out for the City Council Members to vote and Gloria Shepherd, City Clerk, collected the ballots (attached as part of these minutes) and read the votes aloud. Russ Frey was unanimously voted to the City Council. Gloria Shepherd City Clerk, swore him in and he then took his place on the City Council.

Thanks were made to Curt Dahl for his application and interest in the City Council position.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to review the current City Councilmember assignments and determine who would assume other agency representation for 2004 left vacant by the resignation of City Councilmember Hancock.

Councilmember Russ Frey was asked to assume the vacant assignments for other commissions and agencies for 2004.

Councilmember Avilla asked to be appointed as the lead person on the Fish Passage Advisory Committee, and Russ Frey would become the alternate.

M/S/C Stevens, Avilla to approve appointing Russ Frey to the open assignments and other agency representation for 2004 with the amendment to have Councilmember Avilla as the lead person on the Fish Passage Advisory Committee and Russ Frey as the alternate.

2003/2004 FINAL COMMUNITY PROMOTION BUDGET REDUCTION AND ALLOCATION RECOMMENDATIONS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to appoint two City Councilmembers to meet with staff prior to meeting with the Chamber of Commerce and any other organizations receiving Community Promotion funding from the City to discuss the 2003/2004 Final Community Promotion Budget reduction of $24,000 and develop recommendations for the allocation of Community Promotion Budget funds to community organizations in the City.

M/S/C Houghton, Avilla to appoint Councilmember Stevens and Councilmember Avilla to represent the City with Mayor Flynn as the alternate.

CITY TREASURER’S REPORT

Venita Philbrick, City Treasurer, reviewed the staff report and gave staff’s recommendation to accept the reports for the months of June, July and August 2003.

Councilmember Avilla commended Venita Philbrick on a job well done and thanked her for her work.

M/S/C Houghton, Avilla to accept the reports for the months of June, July and August 2003.

REDEVELOPMENT FEASIBILITY STUDY SELECTION OF CONSULTANT

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to approve the selection of Quad Knopf of Roseville to complete the Redevelopment Feasibility Study and authorize the City Manager to execute a Professional Services Agreement with the firm.

Tom Buford addressed the City Council about looking forward to seeing what kinds of redevelopment can be done in the community.

Greg O’Sullivan, expressed appreciation for being considered for their proposal that they will try to get done in 6 months. They are looking at August 2005 as a completion date for the project.

M/S/C Stevens, Houghton to approve the selection of Quad Knopf of Roseville to complete the Redevelopment Feasibility Study and authorize the City Manager to execute a Professional Services Agreement with the firm.

RESOLUTION NO. 3-2004, A RESOLUTION OF INTENTION TO LEVY A FISCAL YEAR ASSESSMENT FOR THE DOWNTOWN RED BLUFF PARKING AND BUSINESS IMPROVEMENT AREA

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to consider the collection of a $10 administrative processing fee per assessment to cover staff time, envelopes, postage and materials, adopt the Resolution of Intention to levy an assessment and set a public hearing for January 20, 2004.

The Chamber of Commerce and Historic Red Bluff Association (HRBA) proposals were addressed by Richard Crabtree, City Attorney. The existing Ordinance requires that the City be the one to collect the fees to appropriately recover its administrative costs. State law is not as clear in terms of whom can collect the fee and doesn’t prohibit an outside agency from collecting the fee. The opinion is that this is a municipal function best left to the City and is not delegable to a private organization. The assessment is authorized by state statute and properly collected by the City.

The City Council will hold a future Public Hearing and the Chamber and HRBA can bring their information forward at that time for discussion.

M/S/C Avilla, Houghton to consider the collection of a $10 administrative processing fee per assessment to cover staff time, envelopes, postage and materials, adopt the Resolution of Intention to levy an assessment and set a public hearing for January 20, 2004.

Margaret Van Warmerdam, Financial Director, reviewed the staff report and gave staff’s recommendation to:

1. That the City Council hear the presentation by MuniFinancial / Wildan and comment on the two methods.

2. Select the standard method and the supplemental appropriation of $4,800 from 21-42-340-100 or select the modified method and the supplemental appropriation of $24,000 from 21-42-340-100.

Scott Koppel, MuniFinancial, explained the two proposals available for the financial reports.

The first standard method includes the depreciated value that is an amount included on the financial statements.

The second modified method puts the original costs in place and requires that a policy of condition level be maintained on infrastructure items at condition levels and show what level you are keeping it at.

M/S/C Avilla, Stevens to approve the standard method and the supplemental appropriation of $4,800 from 21-42-340-100.

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 AND REQUEST TO WAIVE $500 APPEAL FEE

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

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 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 expressed the desire to renovate the building without the costly requirement to install a sprinkler system but rather add a fire alarm system.

The utmost important thing to consider is life safety according to Michael Damon, Fire Chief.

Fred Wildes spoke on behalf of Frank Disalvo, expressing the support of the restoration of the building. The qualifications of what defines a historical building were discussed and whether this building would be eligible for this.

Frank Disalvo spoke to the City Council about trying to preserve the Main Street downtown area and requested the City Council help to support them in this.

Concerns about the integrity of the structure were mentioned with the installing of the sprinkler system.

To preserve the Historical downtown area there is a need to begin by installing sprinkler systems in an effort to prevent future fires.

The water line is not readily available to this property and not factored in to the cost and it will be a major project to put a water line in place that would accommodate the needs.

Houghton, Flynn to amend to substitute the Monitor System in place of the Fire Sprinkler System.

M/S/C Stevens, Avilla approve B-1 upholding 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.

M/S/C Houghton, Avilla to waive all or a portion of the $500 fee paid to process this appeal and direct staff to refund all or a portion of that fee.

REQUEST TO REVISE CONDITION OF APPROVAL NO. 33; PLANNED DEVELOPMENT USE PERMIT NO. 324; TENTATIVE TRACT MAP 01-1002; NORTHERN VIEW ESTATES UNIT 3; GENTRY WAY AND LUDLOW AVENUE; EVERD MCCAIN

1. Conduct a Public Hearing to consider the request to modify Condition No. 33, in the document titled “Conditions and Finding Summary, Planned Development Use Permit No. 324; Tentative Tract 01-1002”, applied to the approval of Northern View Estates, Unit 3.

2. Revise Condition No. 33 to state: “Shared driveways, perfected with appropriate easements, shall be provided as shown on the Tentative Map and for Lots 62 and 63. Separate driveways may be developed on those lots if four off-street parking spaces are provided as specified in Mitigation Measure No. 48.

3. Revise Mitigation Measure No. 48 to state: Each lot shall provide two covered parking spaces and three off-street paved parking spaces. Two covered parking spaces and four off-street paved parking spaces shall be provided on Lots 62 and 63 if shared driveways are not developed on those two lots as specified in Mitigation Measure No. 33. “Hammerhead” driveways shall be constructed on Lots 62 and 63. The rear yard setbacks on lots 62 and 63 may be reduced to provide sufficient space in the front yards for “hammerhead” driveways on those lots.

4. Make the finding that revised Mitigation Measures No. 33 and 48, compared to the original Mitigation Measures, are equivalent or more effective in mitigating or avoiding potential significant effects and that in themselves will not cause any potentially significant effects on the environment.

Everd McCain, Representative of McCain Associates, explained that this was an attempt to carry out the intent of the Council to make sure there is adequate parking available. Some of the conditions were written without the knowledge that some of the streets were the standard type of streets that would be more effective with separate driveways.

M/S/C Avilla, Houghton to:

1. Revise Condition No. 33 to state: “Shared driveways, perfected with appropriate easements, shall be provided as shown on the Tentative Map and for Lots 62 and 63. Separate driveways may be developed on those lots if four off-street parking spaces are provided as specified in Mitigation Measure No. 48.

2. Revise Mitigation Measure No. 48 to state: Each lot shall provide two covered parking spaces and three off-street paved parking spaces. Two covered parking spaces and four off-street paved parking spaces shall be provided on Lots 62 and 63 if shared driveways are not developed on those two lots as specified in Mitigation Measure No. 33. “Hammerhead” driveways shall be constructed on Lots 62 and 63. The rear yard setbacks on lots 62 and 63 may be reduced to provide sufficient space in the front yards for “hammerhead” driveways on those lots.

3. Make the finding that revised Mitigation Measures No. 33 and 48, compared to the original Mitigation Measures, are equivalent or more effective in mitigating or avoiding potential significant effects and that in themselves will not cause any potentially significant effects on the environment.

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

1. Specify whether the City should continue providing, free of charge, mailing lists of property owners within a 500-foot radius of a proposed alcohol permit.

2. Specify who will review and, when necessary to operate, recommend conditions and make findings related to approval of future liquor license applications. The City Council may wish to review “all liquor license applications”, or delegate that responsibility to City staff such as the Chief of Police and Planning Director.

The intent is to place staff’s actions on the Consent Agenda when the City receives an application and consider them specifically on open agenda’s.

M/S/C Stevens, Avilla to have staff review (Planning Director & Police Chief) to make recommendation to the Council and placed on the Consent Agenda for review or have the option of pulling it for a more detailed discussion.

M/S/C Stevens, Avilla to continue to provide a mailing list free of charge, of property owners within a 500-foot radius of a proposed alcohol permit.

LAND DIVISION STANDARDS UPDATE CONSULTANT SELECTION

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to award the Land Division Standards Update consultant service contract to Wildan of Redding, California in the amount of $55,400 and authorize the expenditure of funds from the Development Impact Fee accounts as stated herein.

M/S/C Avilla, Stevens to award the Land Division Standards Update consultant service contract to Wildan of Redding, California in the amount of $55,400 and authorize the expenditure of funds from the Development Impact Fee accounts as stated herein.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to discuss information presented.

The California Transportation Commission (CTC) has changed the method of distributing Transportation Enforcement (TE) Funds. As the State continues to utilize local street and road funds for other purposes, the City Council is advised to discuss the other possible options for funding street improvement projects, such as local revenue enhancement.

Regional Public Transportation methods to allocate funding has had an effect on what kind of funds are left to be distributed to the transportation and the street repair funding. The potential may be to go into the negative under the current method of allocations.

The issue of who is the claimant and who is the regional transportation commission will be reviewed by the City Attorney and brought to the Transportation Commission for discussion.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to execute Contract Amendment No. 4 for the Water Reservoir and Pipeline Design Contract with PACE Civil in the amount of $40,800 and authorize the additional expenditure from Fund 52.

M/S/C Stevens, Avilla to execute Contract Amendment No. 4 for the Water Reservoir and Pipeline Design Contract with PACE Civil in the amount of $40,800 and authorize the additional expenditure from Fund 52.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to authorize staff to execute Contract Change Order No. 1 for the Well No. 10 construction project with Wright Brothers in the amount of $7,766.62 and authorize the additional expenditure from Fund 52.

M/S/C Stevens, Avilla to approve execute Contract Change Order No. 1 for the Well No. 10 construction project with Wright Brothers in the amount of $7,766.62 and authorize the additional expenditure from Fund 52.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to discuss the Californians Against Higher Auto Insurance Rates information and provide direction to staff.

M/S/C Avilla, Stevens to support the opposition to this rate change proposal.

Tessa Pritchard, Human Resource Director, reviewed the staff report and gave staff’s recommendation to:

1. Remove the provision that the Christmas Eve and New Year’s Eve 4-hour holidays are only observed when Christmas Day or New Year’s Day falls on a Tuesday, Wednesday, Thursday, Friday, or Saturday. Add the language “Should Christmas Day fall on a Saturday, the Christmas Eve holiday (4 hours) will be observed on the previous Thursday. Should Christmas Day fall on a Sunday or Monday, the Christmas Eve Holiday will be observed on the previous Friday.” And “Should New Year’s Day fall on a Saturday, the New Years Eve holiday (4 hours) will be observed on the previous Thursday. Should New Year’s Day fall on a Sunday or Monday, the New Year’s Eve Holiday will be observed on the previous Friday.” This change will require union approval of all bargaining units.

There is no cost to either the Miscellaneous or Mid Management Unit in making this change. There is also no cost to the Police Unit, as the mandatory use rate would increase in an equal amount to the composite leave rate, thus the time would be taken off. However, there may be a negligible amount if the time is not taken off and employee cashes out composite leave with the “Annual over 1000 Hour Cash Out”. The approximate cost that will be incurred in the Fire Unit (which will occur approximately twice every seven years) is $3,762.

2. Remove the word “Saturday” from the existing provision. This change will require union approval of all bargaining units.

Gary Antone reviewed the staff report and gave staff’s recommendation to authorize the expenditure of $7,680 from fund account 50-50-340 for the US EPA UCMR water testing mandate.

M/S/C Avilla, Houghton to authorize the expenditure of $7,680 from fund account 50-50-340 for the US EPA UCMR water testing mandate.

Councilmember Avilla hoped that the City and Community could find a way to fiscally afford the protection of the downtown area without making it economically impossible for a private individual to do it.

At 10:40 P.M. Mayor Flynn adjourned the meeting to January 20, 2004 at 7:00 P.M., in the Red Bluff City Council Chambers.

Approved 4-0-0

UNION PACIFIC RAILROAD REPAIR WORK

Approved 4-0-0

Approved 4-0-0

2003/2004 FINAL COMMUNITY PROMOTION BUDGET REDUCTION AND ALLOCATION RECOMMENDATIONS

CITY TREASURER’S REPORT

REDEVELOPMENT FEASIBILITY STUDY SELECTION OF CONSULTANT

RESOLUTION NO. 3-2004, A RESOLUTION OF INTENTION TO LEVY A FISCAL YEAR ASSESSMENT FOR THE DOWNTOWN RED BLUFF PARKING AND BUSINESS IMPROVEMENT AREA

M/S/C Stevens, Avilla approve B-1 upholding 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.

M/S/C Houghton, Avilla to waive all or a portion of the $500 fee paid to process this appeal and direct staff to refund all or a portion of that fee.

REQUEST TO REVISE CONDITION OF APPROVAL NO. 33; PLANNED DEVELOPMENT USE PERMIT NO. 324; TENTATIVE TRACT MAP 01-1002; NORTHERN VIEW ESTATES UNIT 3; GENTRY WAY AND LUDLOW AVENUE; EVERD MCCAIN

M/S/C Avilla, Houghton to:

3. Make the finding that revised Mitigation Measures No. 33 and 48, compared to the original Mitigation Measures, are equivalent or more effective in mitigating or avoiding potential significant effects and that in themselves will not cause any potentially significant effects on the environment.

LAND DIVISION STANDARDS UPDATE CONSULTANT SELECTION

Gary Antone reviewed the staff report and gave staff’s recommendation to authorize the expenditure of $7,680 from fund account 50-50-340 for the US EPA UCMR water testing mandate.

s/b Forrest Flynn

s/b Gloria Shepherd

City Clerk