Untitled

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: February 17, 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

Al Shamblin, Police Chief

Robb Gibbs, Director of Parks and Recreation

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

Venita Philbrick, City Treasurer

Vern Raglin, Fire Captain

CITIZENS COMMENTS

Kathy Wheeler, Superintendent of Red Bluff Union High School, commented on the State Budget affecting the Cities, Counties and Schools and proposed scheduling meetings to find ways for everyone to work together to make things happen in our community and she was supported by the City Council.

Mayor Flynn read the Proclamation to Tom Guttierez on behalf of the Soccer Team present, recognizing the Red Bluff Chivas, Extreme, and Red Bluff Rush teams on their outstanding soccer season. The Chivas successfully reached the semi-finals for the 2004 Tide American Cup Championship for California. The players were then presented medals of award for their efforts.

Approved 5-0-0

REPORT REGARDING CONTRACT AWARDS � JANUARY 2004

Approved 5-0-0

RATIFY/APPROVE JANUARY PAYROLL CHECKS NUMBERS 15351-15493; PAYROLL DIRECT DEPOSIT NUMBERS 2890-3060; JANUARY PAYABLES CHECK NUMBERS 43827-44071

Approved 5-0-0

TRAVEL POLICY

RESCHEDULE PUBLIC HEARING, ORDINANCE NO. 949; AN ORDINANCE AMENDING SECTIONS 20.6 (A) AND 20.11 (A) OF THE RED BLUFF CITY CODE AUTHORIZING THE PLANNING DIRECTOR TO APPROVE LOT LINE ADJUSTMENTS AND VOLUNTARY MERGERS, AND PROVIDING FOR APPEALS TO ACTIONS BY THE PLANNING DIRECTOR

Charles Hayden, Planning Director, gave staff�s recommendation to reschedule the Public Hearing to March 16, 2004 in order to make revisions to the ordinance by the staff after the notice had been previously published for February 17, 2004.

Informational Only

Al Shamblin, Chief of Police, reviewed the staff report and gave staff�s recommendation to select one of the options contained in the previous February 3, 2004 staff report and if the City Council decides to hold the event, also establish the amount of insurance required for the event.

1. No Change � Hold the event, City to continue to have staff organize the 75 volunteers, and City to continue to pay police overtime for event.

2. Hold event; Chamber to organize the 75 volunteers, and City to continue to pay police overtime for the event.

3. Hold event, Chamber to organize the 75 volunteers, and Chamber to pay police overtime for event.

John Yingling, Chamber of Commerce, mentioned that the requirement for five million dollars for Insurance was unattainable by the Chamber of Commerce and the result would be to cancel the running of the horses� special event.

Councilmember Frey recommended adopting #2 as his preference, although he still does not know how the obstacle of the increased liability insurance premium would be overcome this year but that in the future the option is still left available.

Councilmember Stevens mentioned that the exceeding funds for the additional insurance are not available and that holding an alternative event might be an option.

Councilmember Avilla asked how the figure of five million dollars came to be and it was explained by Richard Crabtree, City Attorney, that the number came from the insurance company but the reality is that the value of five million is not what it used to be.

Councilmember Houghton and Councilmember Flynn both agreed that due to changing times, the City could not responsibly afford the additional costs of the liability insurance.

John Growney, expressed concern about letting the word �liability� affect the lives of the community to the extent that the City becomes so passive that it does nothing.

An option was suggested to make the horse running event route simpler and shorter.

M/S/C Avilla, Houghton to select option #4, not to hold the event for the year 2004, and come back this time next year and consider the Insurance requirements and recommendations at that time.

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation pursuant to City Council action on December 16, 2003 to reduce the City�s Preliminary Budget by $171,094 as a result of the State Budget crisis and the State�s withholding of $171,094 in Vehicle License Fees, and the meeting with Chamber of Commerce representatives regarding the City�s Community Promotion budget reduction of $24,000, provide direction to staff regarding the method of attaining the $24,000 reduction.

Marshall Pike, past Chamber President, mentioned that Red Bluff holds remarkable events such as the Rodeo, the Boat Drag and Monster Truck Events due to our community coming together to promote itself in a remarkable way. The best use of the money allocated to the Chamber is there for the purpose of promotions for the City and to serve the citizens. The Chamber wants to support and supplement the need for the $24,000 and he suggested that the last quarter of the fiscal year would be the best time for the Chamber to pay the amount back to the City while still receiving their quarterly allocated payments.

Susan Price, City Manager, requested direction on the method of payment for the $24,000.

M/S/C Houghton, Avilla to short the Chamber of Commerce $24,000 this fiscal year and the City will continue the quarterly payments to the Chamber and the Chamber will issue a refund prior to June 30, 2004 to the City of Red Bluff.

PUBLIC HEARING; ORDINANCE NO. 950; REZONE NO. 195; REQUIRING CONDITIONAL USE PERMITS FOR INTERIOR RETAIL SALES AREAS GREATER THAN 40,000 SQUARE FEET

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

1. Conduct the public hearing and consider all public testimony and other information submitted relating to Ordinance No. 950

2. Find that Ordinance No. 950 is consistent with the City�s General Plan and Zoning Code

3. Find that Ordinance No. 950 is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, (Class 8 Categorical Exemption, and Actions by Regulatory Agencies for Protection of the Environment).

4. Waive first reading and introduce Ordinance No. 950, requiring Conditional Use Permits for interior retail sales areas greater than 40,000 square feet, with the findings noted in items No. 2 and 3 above.

Gary Ramsey, local merchant, requested that the City approve option #4 and give the community local control over the destiny and shape of it.

Concerned Citizen, Jack Winter, opposed the requirements to govern the size of a structure being put in that already meets all of the requirements.

Mayor Flynn explained that the intent is not to impose more requirements but rather that anything over 40,000 feet will require a condition of use permit and puts the project under the control and proper direction of the City.

Richard Crabtree, City Attorney, explained that the object of this ordinance is that certain parts of this town that are already zoned for commercial retail use might allow a big box retailer to come into town and just draw a building permit to construct. The retailer might not have to address potential impacts of construction and could possibly avoid the need to put in crosswalks, streetlights, bus stops, and various other requirements without the condition of use permit. When a big box retailer comes into town they will be required to address their own impacts through this Ordinance.

Bill Arnold, property owner, expressed concerns about the impact of a big box retailer like Wal-Mart.

Venita Philbrick, City Treasurer mentioned that there are certain land use situations that are in our code now that requires condition of use permits.

1. Find that Ordinance No. 950 is consistent with the City�s General Plan and Zoning Code.

2. Find that Ordinance No. 950 is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, (Class 8 Categorical Exemption, Actions by Regulatory Agencies for Protection of the Environment).

3. Waive first reading and introduce Ordinance No. 950, requiring Conditional Use Permits for interior retail sales areas greater than 40,000 square feet, with the findings noted in items No. 1 and 2 above.

RESOLUTION NO. 7-2004; A RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2003 TO JUNE 30, 2004

Margaret Van Warmerdam, Financial Director, reviewed the staff report and gave staff�s recommendation to adopt Resolution No. 7-2004 thereby adopting the 2003/2004 Final City Budget which includes final revenues and expenditures as contained in the City�s 2002/2003 City Audit, and all other revenues and expenditures approved by the City Council since the adoption of the 2003/2004 Preliminary City Budget.

A power point presentation of the City budget showing a reduction in revenues was shown.

M/S/C Stevens, Avilla to adopt Resolution No. 7-2004 thereby adopting the 2003/2004 Final City Budget which includes final revenues and expenditures as contained in the City�s 2002/2003 City Audit, and all other revenues and expenditures approved by the City Council since the adoption of the 2003/2004 Preliminary City Budget.

MID-YEAR BUDGET UPDATE

Margaret Van Warmerdam, Finance Director, reveiwed the staff report and gave staff�s recommendation to review budget update which included Budget modifications/supplemental appropriations approved by Council throughout the year, a new fund summary sheet reflecting the additional approved budget changes and an update on where the City stands in the General Fund.

Informational Only

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff�s recommendation to approve the supplemental appropriation for additional audit work by Nystrom & Company for $5,500 to 10-18-340-100.

M/S/C Stevens, Houghton to approve the supplemental appropriation for additional audit work by Nystrom & Company for $5,500 to 10-18-340-100.

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 new mail server and software and approve supplemental appropriation for $3,238.30.

M/S/C Stevens, Avilla to authorize the City Manager to enter into a contract with Computer Logistics for new mail server and software and approve supplemental appropriation for $3,238.30.

REPORT ON SALES TAX

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff�s recommendation to review the quarterly sales tax report and an update of the 2004-05 Proposed ERAF Shift and an example of the Triple Flip.

Rob Gibbs, Parks and Recreation Director, reviewed the staff report and gave staff�s recommendation to approve the submittal of the pre-qualification proposal in order to proceed with the First 5 Tehama Grant process and if awarded, have the Parks and Recreation Director bring the Grant back to City Council for final approval.

M/S/C Avilla, Frey to approve the submittal of the pre-qualification proposal in order to proceed with the First 5 Tehama Grant process and if awarded, have the Parks and Recreation Director bring the Grant back to City Council for final approval.

REQUEST TO WAIVE BUILDING PERMIT FEES UP TO $10,321.03 RELATING TO THE NEW CHARTER SCHOOL BEING BUILT AT 1660 MONROE STREET, RED BLUFF, CA

J.D. Ellison, Sr. Building Director/Official, reviewed the staff report and gave staff�s recommendation to provide direction to the Buildings Dept. regarding the waiving of fees up to $10,321.03 for the new Sacramento River Discovery Charter School to be built at 1660 Monroe St., Red Bluff, CA.

M/S/C Stevens, Houghton to waive the balance of $5,321.03 and not reimburse the remaining portion already paid by the Sacramento River Discovery Charter School.

REQUEST TO WAIVE SIGN PERMIT FEES UP TO $266.57 RELATING TO THE PLACEMENT OF A MONUMENT SIGN, FOR SACRED HEART PARISH SCHOOL

J.D. Ellison, Sr. Building Director/Official, reviewed the staff report and gave staff�s recommendation to give direction to the Building Department regarding possible waiver of fees up to $266.57 for a sign permit at 2255 Monroe Street, Sacred Heart Parish School.

It was discussed that a policy for waiving fees might need to be drafted for future requests in order to make a guideline for making decisions on waiving fees.

M/S/C Avilla, Hougton to waive the fee of $266.57 for a sign permit at 2255 Monroe Street, Sacred Heart Parish School.

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation to discuss the contract renegotiations issue and provide direction to the City TCTC representative.

Discussion was made about whether the City is subsidizing Paratransit under the current allocation and impacts to the current contract.

Councilmember Stevens suggested the City invite Barbara O�Keefe, Tehama County Transportation Director, to the March 2, 2004 City Council meeting to address the Paratransit Contract renegotiations concerns and clarify the Allocation Method utilized.

PUBLIC HEARING; MITIGATED NEGATIVE DECLARATION: BREWERY CREEK SEWAGE PUMP STATIONS AND FORCE MAIN PROJECT

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

2. Consider all public testimony and all other information relating to this project submitted to the City Council

3. Approve the Mitigated Negative Declaration for the Brewery Creek Sewage Pump Stations and Force Main Project with the Findings in the document titled �Conditions and Findings�

Mayor Flynn opened the Public Hearing and hearing no comments closed the Public Hearing.

M/S/C Avilla, Houghton to approve the Mitigated Negative Declaration for the Brewery Creek Sewage Pump Stations and Force Main Project with the Findings in the document titled �Conditions and Findings�.

SAFE ROUTES TO SCHOOL PROGRAM; SO. JACKSON STREET BETWEEN REEDS CREEK BRIDGE AND SPYGLASS DRIVE

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

Councilmember Stevens mentioned his previous request for a crosswalk in the location and concern for the safety of the children.

Gary Antone, Public Works Director has been working on a resolution to the problem in the short term by re-striping the asphalt right of way to the west and to include a designated area to walk on from the cross walk north to the Vista School intersection.

Councilmember Stevens requested that the striping paint include some type of reflective paint and signage to alert drivers.

M/S/C Stevens, Avilla to direct staff to proceed with the project application as proposed and include a request to provide a temporary solution while the process is going on.

TRANSPORTATION ENHANCEMENT ACTIVITIES PROJECTS, FY 2004/2009

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

Councilmember Avilla mentioned concerns for producing cash match grants when the City is having current financial issues and it was mentioned that the grants will be brought back to City Council for approval and finances will be taken into consideration.

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation to adopt Resolution No. 8-2004 and the submittal the FY2004 FAA ACIP Grant application for improvements at Red Bluff Municipal Airport.

M/S/C Avilla, Houghton to adopt Resolution No. 8-2004 and the submittal the FY2004 FAA ACIP Grant application for improvements at Red Bluff Municipal Airport.

FIVE YEAR CIWMP REVIEW REPORT

Alan Abbs, Solid Waste Director, reviewed the reports on the LTF findings and requested that City Council provide comments as appropriate.

The Sanitary Landfill Agency proposed plans that may be used as a template for solid waste programs in the future and for future development without using additional monies.

At 10:25 P.M. Mayor Flynn adjourned the meeting to March 2, 2004 at 7:00 P.M., in the Red Bluff City Council Chambers.

Approved 5-0-0

REPORT REGARDING CONTRACT AWARDS � JANUARY 2004

Approved 5-0-0

Approved 5-0-0

TRAVEL POLICY

Informational Only

PUBLIC HEARING; ORDINANCE NO. 950; REZONE NO. 195; REQUIRING CONDITIONAL USE PERMITS FOR INTERIOR RETAIL SALES AREAS GREATER THAN 40,000 SQUARE FEET

RESOLUTION NO. 7-2004; A RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR JULY 1, 2003 TO JUNE 30, 2004

MID-YEAR BUDGET UPDATE

Informational Only

REPORT ON SALES TAX

REQUEST TO WAIVE BUILDING PERMIT FEES UP TO $10,321.03 RELATING TO THE NEW CHARTER SCHOOL BEING BUILT AT 1660 MONROE STREET, RED BLUFF, CA

TRANSPORTATION ENHANCEMENT ACTIVITIES PROJECTS, FY 2004/2009

FIVE YEAR CIWMP REVIEW REPORT

s/b Forrest Flynn

s/b Gloria Shepherd

City Clerk