CITY
COUNCIL
REGULAR ADJOURNED
MEETING MINUTES
DATE OF
MEETING:
March 16, 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
Michael Damon, Fire Chief
Al Shamblin, Police Chief
Robb Gibbs, Director of Parks and Recreation
J.D.
Ellison, Sr. Building Director/Official
Venita
Philbrick, City Treasurer
Mayor Flynn called the
Regular Adjourned Meeting to order at 7:00 P.M.
Alberta Antone, Citizen, led the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.
CITIZENS COMMENTS
None
PROCLAMATION
Dress Western Week
Mayor Flynn read the Proclamation encouraging citizens to join in the celebration during the Round-Up Week Festivities for the 83rd Annual Round-Up Rodeo by dressing western to the many weeklong events held April 10-18, 2004.
CONSENT CALENDAR
M/S/C Avilla, Houghton to pull item # 16 and approve the remaining Consent Agenda
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
APPROVAL OF MINUTES - MARCH 2,
2004
TREASURER’S REPORT
Approved 5-0-0
RATIFY/APPROVE FEBRUARY PAYROLL CHECKS NUMBERS 15494-15629; PAYROLL DIRECT DEPOSIT NUMBERS 3061-3138; FEBRUARY PAYABLES CHECK NUMBERS 44072-44320
Approved 5-0-0
CALIFORNIA ROAD SYSTEM (CRS), CERTIFIED MAINTAINED MILEAGE (CMM), RESOLUTION NO. 13-2004
Approved 5-0-0
RECOGNITION OF DOWNTOWN FITNESS AND RED BLUFF HEALTH AND FITNESS AS APPROVED FITNESS CENTERS IN THE CITY OF RED BLUFF’S WELLNESS PROGRAM
Approved 5-0-0
WATER METER INSTALLATION PROGRAM
Approved 5-0-0
TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION (TCEDC) MEMBERSHIP CONTRACT FOR ECONOMIC PLANNING AND COORDINATION SERVICES - $4,993
Approved 5-0-0
REQUEST TO REPLACE THE EXISTING CITY BUILDING FILE FOLDER STORAGE LOCATED IN CITY HALL
Approved 5-0-0
ACCEPTANCE OF HOME DEPOT WATER/SEWER EASEMENTS
Approved 5-0-0
WASTEWATER CHEMICAL COST ADJUSTMENT
Approved 5-0-0
RWQCB, CENTRAL VALLEY REGION SACRAMENTO RIVER WATER QUALITY ISSUES
Approved 5-0-0
A. ALCOHOL SALES LICENSE; NEW; TYPE 41 (ON-SALE BEER AND WINE); BONA FIDE EATING PLACE; 4 SUTTER STREET, SUITE B; EL CAZADOR RESTAURANT (NAME OF BUSINESS); AGUILAR ELISEO (FIRST OWNER)
B. ALCOHOL SALES LICENSE; CHANGE FROM TWO LICENSE HOLDERS TO ONE LICENSE HOLDER; TYPE 52 (VETERANS CLUB), AND TYPE 58 (CATERER PERMIT); 735 OAK STREET; AMERICAN LEGION POST 167 (NAME OF BUSINESS AND FIRST OWNER)
Approved 5-0-0
CURRENT
BUSINESS
BIL CROOK; BLACKTOP
BLUES SOCIETY; PROPOSED ENTERTAINMENT AT THE CITY RIVER PARK ON JULY 4,
2004
Robb Gibbs, Director of
Parks & Recreation, reviewed the staff report and gave staff’s
recommendation to permit “Blacktop Blues” to provide free entertainment to the
community on July 4, 2004 in the downtown River Park and waive the two-hour
sound ordinance for the event and allow them to perform throughout the
day.
It was suggested that the
City Insurance Carrier should be contacted and staff will bring back information
providing a letter from the Insurance Carrier regarding the
event.
RESOLUTION NO. 14-2004 – A RESOLUTION AUTHORIZING THE TEHAMA COUNTY SANITARY LANDFILL AGENCY TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF CONSERVATION DIVISION OF RECYCLING UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT
Alan Abbs, Solid Waste Director, reviewed the staff
report and gave staff’s recommendation to approve Resolution No. 14-2004,
authorizing the Tehama County Landfill Agency to submit an application to the
Department of Conservation Division of Recycling Under the California Beverage
Container Recycling and Litter Reduction Act.
This is an application for a $5,000 block grant paid out of the
California Redemption Value when you buy beverages and this grant is guaranteed
that the City will get it.
M/S/C Avilla, Stevens to approve Resolution No. 14-2004, authorizing the
Tehama County Landfill Agency to submit an application to the Department of
Conservation Division of Recycling Under the California Beverage Container
Recycling and Litter Reduction Act.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
TRASH & RECYCLING RECEPTACLES FOR
DOWNTOWN AREA
This purchase is from this year’s spending of grant monies for combination trash and recycling containers with a new design that looks like a standard metal container from a distance, but that is actually a dual receptacle for waste on one side and recycling on the other.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Gary Antone, Public Works
Director, reviewed the staff report and gave staff’s recommendation to discuss
the contract re-negotiation issue and provide direction to the City’s TCTC
representative.
Bill Brashears, Paratransit
Regional Manager, presented an overview of the current contract needs that
included rate increases of about $39,169 for one year, due to Workers
Compensation increases and vehicle insurance costs that were out of their
control.
They have already run this
bid process by TPAC (Transit Advisory Committee) made up of representatives
throughout the County and City. One
solution for the high Worker Comp Costs is to organize an insurance pool for
non-profit agencies that might stabilize prices and help rates to go
down.
The Paratransit request is
for relief this year in the amount of $39,169.52 and if the State approves the
insurance pool it is predicted that the rates will be back down and next year
there should not be a need to request relief for the services.
The City’s responsible
portion would be about 24% of the total amount and there will not be a bus rate
increase as a result of this.
Bill Goodwin, TCTC Executive
Officer, explained that this Paratransit Contract is with the County and it is
based on the recommendation of the TCTC Board. Estimates by the County Auditor is that
there may be about $165,000 of the LTF (Local Transportation Fund), and this
means that Red Bluff should receive about $26,000 for the current year and the
City would then not go into the negative.
The primary function of the LTF funding is first for Public Transit and
the remaining is for City Streets.
Unanimous Consensus to
direct Transportation representative Mayor Pro Tem Stevens to support the one
year $39,170 increase cost.
Gary Antone, Public Works
Director, reviewed the staff report and gave staff’s recommendation to hear the
RTP presentation and provide direction to staff.
Gary Plunkett, County
Consultant, reviewed the process of the funding for transportation needs.
California Transportation
Commission requests total unconstrained transportation needs submitted with
regard to funding in order to quantify the needs.
Federal and State
requirements do require public participation and preparation as well as a needs
assessment. After the approval of the assessment the needs are determined and
the financial element is developed along with the goals and then scheduled for
adoption in September 2004. An environmental document will then be prepared and
approved by the Commission prior to funding.
A needs and purpose type of
statement justifying what you are asking for is part of the
process.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Margaret Van Warmerdam,
Financial Director, reviewed the staff report and gave staff’s recommendation to
accept the Annual Financial Report for the Fiscal Year ended June 30,
2003.
Robert Griffith, Nystrom
& Company LLP Certified Public Accountant, presented an overview of all the
issues with a PowerPoint presentation that addressed the Auditors’ Reports,
Financial Statement of Presentation, and Findings and other
comments.
The Financial Statements are
more user friendly for the Public with three basic areas that include:
Entity-wide statements that include all activities, Fund Financial Statements
that include major funds of City, and Reconciliation of Fund Financial
Statements to entity wide statements that show the current assets and
liabilities reconciled.
The findings found that the
fixed assets were inventoried with a historical cost along with appreciation of
those assets. The infrastructure
was included on a prospective basis only.
The City’s financial
statements are fairly stated and include all fixed assets and there are only
four compliance findings all related to federal programs being currently
addressed.
Serious and meaningful
progress has been made in addressing prior findings.
Councilmember Avilla thanked
the Financial Director, City Manager and City staff for all of their work and
efforts.
M/S/C Avilla, Houghton
to accept the Annual Financial
Report for the Fiscal Year ended June 30, 2003.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
PUBLIC HEARING, ORDINANCE NO. 949, AND
ORDINANCE AMENDING SECTIONS 20.6 (A) AND 20.11 (A) OF THE RED BLUFF CITY CODE
AUTHORIZING THE PLANNING COMMISSION AND 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, reviewed the staff report and gave staff’s recommendation to:
1. Conduct the public hearing and consider all public testimony and all other information submitted relating to Ordinance No. 949.
2. Find that adoption of Ordinance No. 949 is exempt from CEQA pursuant to Section 15061.b.3 of the CEQA Guidelines.
3. Waive first reading and introduce Ordinance No. 949, An Ordinance Amending Sections 20.6 (A) and 20.11 (A) of the Red Bluff City Code Authorizing the Planning Commission and the Planning Director to Approve Lot Line Adjustments and Voluntary Mergers, and Providing for Appeals to Actions by the Planning Director.
Mayor Flynn opened the Public Hearing.
Rob Schmidt, Airport Commission, asked what would happen if there were any unresolved problems with requests and it was explained that it would go back to the City Council for resolution.
Ron Clark, DDS, mentioned his support of the process.
Mayor Flynn, Closed the Public Hearing.
The appeal fee is $500 and a second appeal fee would be consistent with the Council’s directive on a case by case basis.
The User Fee Consultant Study will be brought back with results for discussion regarding appeal fees.
M/S/C Avilla, Houghton to:
1. Find that adoption of Ordinance No. 949 is exempt from CEQA pursuant to Section 10561.b.3 of the CEQA Guidelines.
2. Waive the first reading and introduce Ordinance No. 949, an Ordinance Amending Sections 20.6 (A) and 20.11 (A) of the Red Bluff City Code Authorizing the Planning Commission and the Planning Director to Approve Lot Line Adjustments and Voluntary Mergers, and Providing for Appeals to Actions by the Planning Director.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
ADOPTION OF ORDINANCE NO. 951 AMENDING CHAPTER 25 OF THE RED BLUFF CITY CODE ESTABLISHING DEVELOPMENT AGREEMENT PROCEDURES
Charles Hayden, Planning Director, reviewed the staff report and gave staff’s recommendation to waive the second reading and adopt Ordinance No. 951 amending Chapter 25 of the Red Bluff City Code establishing Development Agreement procedures.
Councilmember Frey asked the
City Attorney if a nexus would be needed presently in the Development
Agreement.
Rick Crabtree, City
Attorney, said the nexus is the starting point between requirements and
development impacts for negotiating and it won’t be needed with the Development
Agreement. The Development Agreement frees the City from the requirement that an
express nexus be identified for each requirement and allows more flexibility and
opportunity to be more creative in a Development Agreement.
The Development Agreement is
a mutual process and the City can’t require anyone to agree to a development
agreement.
A Developer in process may
be tied to new requirements that come down the line but a Development Agreement
locks in place the laws as they exist at the time the Development Agreement was
approved.
With the mutual agreement of
both parties the Development Agreement can be changed.
M/S/C Avilla, Houghton to waive the second reading and adopt Ordinance No. 951 amending Chapter 25 of the Red Bluff City Code establishing Development Agreement procedures.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to review the memo indicating they are proceeding with the preparation of a tax credit application.
HOME funding for the Kimball Crossing Apartments was awarded to the City in the amount of $974,359 for a portion of the total funding needed for the project.
PLAYGROUND RESURFACING MATERIAL
Rob Gibbs, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation to authorize the City Manager to enter into a purchase order with Miracle Recreation Equipment in the amount of $41,905.11 for playground resurfacing.
Three bids were received and Miracle Recreation Equipment was awarded the bid for $41,905.11.
M/S/C Avilla, Houghton to enter into a purchase order with Miracle Recreation Equipment in the amount of $41,905.11 for playground resurfacing.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Rob Gibbs, Parks and Recreation
Director, reviewed the staff report and gave staff’s recommendation to authorize
the City Manager to enter into a purchase order with Outdoor Creations in the
amount of $22,013.06 for concrete picnic tables and benches.
Two Bids were received and Outdoor Creations was awarded the bid for $23,702.25.
It was suggested that some
of the tables should have the added feature of inserting an umbrella in
them.
M/S/C Houghton, Stevens to authorize the City Manager to enter into a purchase order with Outdoor Creations in the amount of $22,013.06 for concrete picnic tables and benches.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton, Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
STATE CONTROLLER AND MANDATED COST CLAIMS
Margaret VanWarmerdam, Financial Director, reviewed
the staff report and gave staff’s recommendation to approve the supplemental
appropriation of $7,925 from 10-18-340-100.
Past claims which were not billed and paid on a
timely basis, have finally caught up and the bills are due. Reports need to be filed and a
supplemental appropriation is requested to bring it
current.
The City Manager and Finance Director will identify
a number of areas in the budget that are of concern and bring those back at
budget time next year.
M/S/C Frey, Avilla to approve the supplemental
appropriation of $7,925 from 10-18-340-100.
AYES: Councilmembers: Avilla, Frey, Flynn, Stevens and Houghton
NOES:
None
ABSENT OR NOT
VOTING:
None
JANUARY AND FEBRUARY 2004
CODE ENFORCEMENT UPDATE INFORMATIONAL
J.D. Ellison, Sr., Building Department Director/Official, reviewed the staff report and gave staff’s recommendation to review to date of February 29, 2004 the Building Department compiled list for Code Enforcement cases being brought into compliance per City Code and/or California Building Codes.
Notifications are sent out certified mail with the potential costs included when appropriate. This process saves time and paperwork for the Enforcement staff.
Informational
BUILDING DEPARTMENT UPDATE
FOR CURRENT STATUS OF APPLICATIONS PENDING, ACTIVE PERMITS BEING INSPECTED AND
ADDITIONAL PROJECTS. SOME
INFORMATION WILL REFLECT JANUARY 31, 2004 STOP DATE DUE TO RECORD FILING
SYSTEM
J.D. Ellison, Sr., Building Department Director/Official, reviewed the staff report and gave staff’s recommendation to review the Building Department update for current status of Applications pending, active Permits being inspected and additional projects.
The Building Department will
be staying with the same codes modified out over the next 3
years.
Inspections will not be a
drive by inspection and will include a physical inspection on roofing contract
jobs.
SUBMISSION OF GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S U.S. FIRE ADMINISTRATION 2004 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
Michael Damon, Fire Chief, reviewed the staff report and gave staff’s recommendation to approve the submission of the Grant Application to the Federal Emergency Management Agency’s U.S. Fire Administration 2004 Assistance to Firefighters Grant Program and include the 10% match in the 2004/2005 City budget.
M/S/C Avilla, Frey to approve the submission of the Grant Application to the Federal Emergency Management Agency’s U.S. Fire Administration 2004 Assistance to Firefighters Grant Program and include the 10% match in the 2004/2005 City budget.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to approve the submission of a Grant Application for the CSBCC mini-grant in the amount of $20,000 for the two week and two one week periods.
M/S/C Avilla, Houghton to approve the submission of a Grant Application for the CSBCC mini-grant in the amount of $20,000 for the two week and two one week periods.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to review the attached Memorandum of Understanding between the Northern California Computer Crimes Task Force and the City of Red Bluff Police Department and provide direction to staff.
M/S/C Avilla, Houghton to approve Memorandum of Understanding between the Northern California Computer Crimes Task Force and the City of Red Bluff Police Department and provide direction to staff.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation to review information concerning the State Homeland Security Grant Program and expenditures authorized by the Steering Committee.
Informational
Only
AIRPORT WATER POLLUTION ABATEMENT FACILITY CONTRACT AWARD
Gary Antone, Public Works
Director, reviewed the staff report and gave staff’s recommendation to award the
Airport Water Pollution Abatement Facility Project to Valley Paving in the
amount of $163,111.71 and approve additional expenditures from Funds 52 &
47.
M/S/C Houghton, Frey
to award the Airport Water
Pollution Abatement Facility Project to Valley Paving in the amount of
$163,111.71 and approve additional expenditures from Funds 52 &
47.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
TEHAMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT; AB3030 TECHNICAL ADVISORY COMMITTEE APPOINTMENT
Gary Antone, Public Works
Director, reviewed the staff report and gave staff’s recommendation to designate
a City representative to serve on the Tehama County Flood Control & Water
Conservation District’s AB3030 Technical Advisory Committee and forward the
appointment action to the Board for acceptance.
City Council appointed Gary
Antone, Public Works Director, to represent the City, as he is the current
Chairman and has a knowledgeable background on this subject and will use it to
the City’s best needs.
M/S/C Houghton, Frey to designate Gary Antone to serve on the Tehama County Flood Control & Water Conservation District’s AB3030 Technical Advisory Committee.
AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens
NOES:
None
ABSENT OR NOT
VOTING:
None
Gary Antone, Public Works
Director, reviewed the staff report and gave staff’s recommendation to discuss
the cost of the So. Jackson/Crosby stop sign and crosswalk improvements and
provide direction to staff regarding the level of striping to be completed and
the funding source to cover the materials expenditure.
The initial request of
$2,500 increased to $3,500 with the cost of specific reflective
materials
Councilmember Stevens
explained that the additional cost of $1,000 was not expected and that he would
support the conventional two-line crosswalk.
Gary Antone, Public Works
Director, explained that due to labor costs of repainting, the City uses a
material that is applied with heat for the lines and it is also more
reflective.
Assuming the City gets the
“Safe Routes to School Project”, the plan would be to eventually have a full
4-way intersection at that location and the improvements done now would still be
useable.
City Council approved the
recommendation to fund for crosswalk improvements to cover costs of $2,500.
COMMITTEE REPORTS/COUNCIL
COMMENTS
Councilmember Stevens mentioned congratulations to Councilmember Avilla for his election to the Board of Supervisors in Tehama County and that the City Council will miss him.
It was discussed as to when Councilmember Avilla would step down from the City Council and he mentioned that he would work with the City as to what the legal options are and he requested that City Council give him direction in making his decision.
Charles Hayden, Planning Director, reminded everyone of the March 30, 2004 Special Meeting at 8:00 a.m. to adopt the Housing Element.
ADJOURNMENT
At 10:00 P.M. Mayor Flynn adjourned
the meeting to April 6, 2004 at 7:00 P.M., in the Red Bluff City Council
Chambers.
Mayor
ATTEST: