RED BLUFF

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: August 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

Andy Houghton

Russ Frey

Gregg Avilla

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Gary Antone, Director of Public Works

Charlie Mullen, 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

Joe Miller, citizen, led the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.

Executive Session in accordance with Government Code Section 54956.8 (Real Property Negotiations) to discuss with Susan Price, City Manager and Gary Antone, Director of Public Works the granting of authority to negotiate title and easements with Tim & Sharnell Chambers, Assessor’s Parcel Number 024-200-67; Cherie & Toby Cooper, Assessor’s Parcel Number 024-040-59; James & Debra Danielsen, Assessor’s Parcel Numbers 027-410-05 and 42; Scottsdale Company, Inc., Assessor’s Parcel Numbers 027-410-29 and 31; Wyle Selby and Richard & Charlotte Johnson, Assessor’s Parcel Numbers 027-410-03 and 41; Christopher & Patricia Sharp, Assessor’s Parcel Number 024-040-60.

City Council instructed staff to proceed with acquisition of right of way for the 3 Million-gallon storage tank and pipeline.

Lamar Bayles, concerned citizen, discussed the Greenwaste proposal for citizens to choose mandatory service or have this fee be put on citizen’s property taxes. He discussed the burden it may have on those with fixed incomes, as well as the burden of the commercial trash rates that landlords will be responsible for on behalf of tenants. He encouraged citizens to turn out to the September 21, 2004 meeting in order to be heard on this subject.

Ron Nelson, concerned citizen, discussed the Greenwaste proposal of 100% mandatory service along with the increased fees. He discussed that with this increase in revenue from the 100% mandate it should allow Greenwaste to lower the fees not raise them. He feels that mandating the service and raising the fees is not fair and will be a hardship for those on fixed incomes.

Kathy Nelson also mentioned the unfairness of the mandatory service by Greenwaste and inquired how much money Greenwaste will be making off of the community’s recyclables.

1. AUGUST 3^RD LETTER, PHOTOGRAPHS, AND EMAIL REQUESTS FROM COUNCILMEMBER LARRY STEVENS

2. REQUEST BY COUNCILMEMBER LARRY STEVENS FOR STAFF TO ADDRESS PARKING REGULATIONS AND DEAD ANIMAL PICKUP ON THE WEEKENDS

3. RESPONSE TO COUNCILMEMBER LARRY STEVENS REQUEST FOR STAFF TO DEVELOP AN ORDINANCE TO REGULATE YARD SALE SIGNS

Councilmember Frey asked why these items could not wait until the future meeting of September 7, 2004, and Councilmember Stevens recommended that the City Council hold off and place these items on the September 7, 2004 agenda in order to allow more discussion on these subjects.

PROCLAMATION

Mayor Flynn read the Proclamation in recognition of Orville Jacobs for his dedication to make Red Bluff a great place to live. Appreciation was made for all of his business enhancement activities through out numerous years and for his service on various committees and task forces. He was commended for his dedication to the community through donation and development.

Orville Jacobs was unable to be present for this Proclamation due to illness and Mayor Flynn and Mayor Pro Tem Stevens presented it to him earlier in the day at his home.

Mayor Pro Tem Stevens mentioned that his attendance along with Mayor Flynn’s, at Orville Jacobs home did not violate the Brown Act by conducting any business without the majority of the City Council present.

Robert Minch, concerned citizen, attended the presentation of the Proclamation at Orville Jacob’s home. Robert Minch recommended promoting Orville Jacob’s idea of setting a day apart each year for City Improvement by a series of individual efforts to aid and beautify the community and call it “Jakes Day” to be held yearly on his birthday of May 15^th.

Mayor Pro Tem Stevens suggested facilitating this idea and City Attorney, Richard Crabtree, recommended that they direct staff to put this item on a future agenda. Councilmember Houghton suggested waiting until after the first of the year due to lack of available staff time to prepare this and Susan Price, City Manager, volunteered bringing it back on the September 7, 2004 agenda in order to begin the process of recognizing Orville Jacobs with “Jakes Day”.

M/S/C Avilla, Frey to pull items 6, 7, 8, & 9, for discussion and approve remaining consent calendar.

AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens

Arlene Chrisman, concerned citizen, requested the City Council pull Consent Items 6, 7, 8, & 9, for discussion. Arlene Crissman, a longtime public employee, asked if the City Council expects taxpayers to pay for the coffee, etc. and whether this funding was budgeted. She pointed out that this item was inappropriate and conflicted with the potential Sales Tax Revenue Agenda item raising taxes on citizens.

Ron Nelson, concerned citizen, raised the issue of the City spending the half-cent sales tax money before it had even passed and that coffee funds are not cheap.

Tessa Pritchard, Human Resources Director, explained there were 3 represented units and one unrepresented unit being discussed and that morale is an important issue to consider during budget crisis times. The survey shows that some cities provide coffee while other cities require the employees to pay for it. It’s a policy decision by City Council to go through the MOU process, adopt a policy, or decide not to provide it.

Carl Ray Alexander, concerned citizen, suggested a flyer be promoted that would propose taking a fee from employee paychecks to contribute towards a coffee fund.

Councilmember Avilla inquired what the current process was and it was explained that there were various policies through out the City and that a consistent one would be preferred.

Councilmember Stevens suggested having coffee available when developers and negotiators are there, in the spirit of hospitality.

Kathy Nelson, concerned citizen, mentioned that previous lawsuits over the issue in other cities, was something to take into consideration.

Lamar Bayles mentioned that Police and Fire staff who cover 24-hour shifts on behalf of the community should be considered for coffee etc.

The City coffeepots will be used at Council’s discretion as a convenience for employees to make their coffee.

RATIFY/APPROVE JULY PAYROLL CHECKS NUMBERS 16229-16475; JULY PAYROLL DIRECT DEPOSIT NUMBERS 3998-4170; JULY PAYABLES CHECK NUMBERS 45562-45794

SIDE LETTER TO THE MISCELLANEOUS MOU ESTABLISHING AN AGREEMENT THAT THE CITY WILL PROVIDE COFFEE, TEA, AND RELATED ITEMS FOR COVERED EMPLOYEES

M/S/C Houghton, Avilla to not provide funding for coffee, tea and related items for covered employees.

AYES: Councilmembers: Avilla, Flynn and Houghton

SIDE LETTER TO THE FIRE MOU ESTABLISHING AN AGREEMENT THAT THE CITY WILL PROVIDE COFFEE, TEA, AND RELATED ITEMS FOR COVERED EMPLOYEES

M/S/C Houghton, Avilla, to not provide funding for coffee, tea and related items for covered employees.

AYES: Councilmembers: Avilla, Flynn and Houghton

RESOLUTION NO. 47-2004; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AGREEING TO PROVIDE COFFEE, TEA, AND RELATED ITEMS FOR UNREPRESENTED MANAGEMENT AND MID-MANAGEMENT EMPLOYEES

M/S/C Houghton, Avilla, to not provide funding for coffee, tea and related items for covered employees.

AYES: Councilmembers: Avilla, Flynn and Houghton

SIDE LETTER TO THE POLICE MOU ESTABLISHING AN AGREEMENT THAT THE CITY WILL PROVIDE COFFEE, TEA, AND RELATED ITEMS FOR COVERED EMPLOYEES

M/S/C Houghton, Avilla, to not provide funding for coffee, tea and related items for covered employees.

AYES: Councilmembers: Avilla, Flynn and Houghton

ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER; TYPE 47 (ON-SALE GENERAL EATING PLACE); FULL SERVICE RESTAURANT WITH BAR; 500 RIVERSIDE WAY; RIVERSIDE BAR AND GRILL (NAME OF BUSINESS); BRUCE T. GEVENDEN (FIRST OWNER)

AUTHORIZATION TO PURCHASE EASEMENTS/FEE TITLE TO PROPERTY IN CONJUNCTION WITH THE 3MG WATER STORAGE TANK AND PIPELINE PROJECT, RESOLUTION NO. 42-2004

CURRENT BUSINESS

Jason Brown, representative of Tehama Health Cooperative and qualified patient for Medical Cannabis, passed out documentation on Medical Cannabis in the community in order to begin a dialogue on the subject. The Tehama Health Cooperative is beginning the process of lobbying for uniform guidelines in Tehama County in regards to the cultivation and use of medical cannabis by qualified individuals. They are not opening a cannabis retail outlet or asking the City of Red Bluff to do anything controversial or politically partisan. But rather to consider their proposals and take appropriate action to help them begin a process of implementation in Red Bluff. They endeavor to open an office where limited services can be offered such as Physician appointments and possibly issuing ID cards. Many of the qualified individuals supply their own cannabis, however many patients do not have the access to grow their own and under the California law it mandates that all qualified patients are entitled to safe affordable access. The only way for patients to achieve this access is to offer local protection of medical gardens and the adoption of implementation of policies and guidelines that can be consistently enforced. Obstacles most commonly faced are:

1. Arbitrary or conflicting actions undertaken by law enforcement personnel due to lack of understanding of the state laws and rights of qualifying individuals.

4. Lack of safe consistent affordable access to cannabis by patients in the community.

1. Adopt a Resolution in support of policies and procedures that acknowledge and support their rights as qualifying individuals.

2. Encourage registration and certification of cannabis gardens that qualify under California’s standards.

3. Discourage any Red Bluff Police or any City Employees from seeking the participation of Federal Law Enforcement personnel or including in any investigations where suspects have asserted they qualify under State Law.

4. Request the County Board of Supervisors appoint a committee for the purpose of developing reasonable implementation guidelines for all of Tehama County.

The following are additional considerations requested by Tehama Health Cooperative:

· Acknowledge the authority of granting ID cards rests in the Department of Public Health or a Health related organization appointed by the Board of Supervisors.

· Consider developing an enforcement policy along with Al Shamblin, Police Chief, Susan Price, City Manager, and Richard Crabtree, City Attorney that adheres to State laws with uniformity for the Red Bluff Police Department.

· Consider adopting an Ordinance for the City of Red Bluff that empowers qualified individuals to provide safe consistent access to cannabis.

A request was made to City Council to read the pamphlets and to appoint a follow up date to facilitate a timely resolution to these matters and get some public discussion and answer any questions.

Mayor Flynn responded to the presentation and explained the need to digest it and get it back to staff and maybe follow-up on this in a future meeting.

Police Chief, Al Shamblin, has been in contact with this group and he and staff have visited some of the cannabis gardens. While Tehama Health Cooperative has been trying to stay in compliance with the laws the City of Red Bluff Police are attempting to work with them.

Councilmember Stevens asked what the City of Red Bluff Police Department’s position is with the ID Cards for the use of growing medical marijuana.

Police Chief Shamblin, explained that the City of Red Bluff does not have a Policy like the Sheriff’s Department does and the State has not set a standard for all to go by. The City currently goes by the guidelines of the Sheriff’s Policies and has been in contact with the District Attorney’s office as to what should be done if they are not complying with Proposition 215.

Susan Price, City Manger, has been looking into the State law regarding this issue and at the request of Councilmember Stevens will look at the County Policy along with Police Chief Shamblin and City Attorney, Richard Crabtree and they will return with a response in 90 days.

Various qualified patients for medical cannabis were in attendance and spoke in support of the Tehama Health Cooperative in order to supply cannabis for their medical needs.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the presentation and update by Andy Cox, Manager of the Tehama County Mosquito and Vector Control District.

Andy Cox, Manager of the Tehama County Mosquito and Vector Control District, gave a local update on the spread of the West Nile Virus as well as a State update. He explained how the virus spreads and that less than 1% of humans will get severe symptoms. He recommended that citizens help by reporting any standing water and to help by spreading the word to others.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the presentation by Greenwaste of Tehama regarding services, containers, recycling, and other related information relative to the potential establishment of mandatory trash collection in the City of Red Bluff.

Dave Vaughn, District Manager for Waste Connections in Greenwaste of Tehama and Amanda Walter, Site Manager, presented information on the mandatory service/mandatory ordinance along with the proposal from the City for Waste Connections to provide additional services if the Ordinance goes into effect. The types of recycling services and containers available were presented. Current services will be basically the same, with the one change that will include a cart for recycling, if the mandatory service goes through.

Ron Nelson, concerned citizen, inquired about the combining of all waste items and how the cycling process differentiates items. He also asked why the rates will be going up if Waste Connections are reclaiming more return on recyclables as a result of mandatory service to all citizens and more revenue overall.

It was explained that if the service goes mandatory there would be an increase in volume, and along with this will be an increase in contaminants, additional costs in service, labor, and additional costs of carts.

Corky Kramer, local businessman, addressed the recycling and mandatory trash issue and the dilemma of all the additional containers in alleys for trash pickup and cost concerns. He suggested that if there is an issue on 20% noncompliance, then the City should respond with regulations and enforcement. He also suggested giving the community a second chance and that the protest forms be mailed out again by the City of Red Bluff in order to give the Public another opportunity to respond to these issues with more notice given to everyone.

It was explained that there is still time to respond with the protest forms and there will be more publicity in the community on this subject along with information included in the upcoming utility bills.

Alan Abbs, Solid Waste Director, discussed the grand opening of the new Landfill being held August 25, 2004, that will help the recycling diversion rate. Demonstrations of the process for the separation of materials for recycling will be shown. The City has previously qualified for the waiver of diversion but is currently going to attempt to increase recycling with the building of the new facility and the mandatory services, which will help them to achieve this diversion rate. One half of one percent is the increase in the diversion rate that is estimated that this service will provide

September 21, 2004 will be an opportunity for the community to attend a Public Hearing on these issues and state any concerns.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the Tehama County Transit Manager’s presentation and discuss as necessary.

Barbara O’Keefe, Transit Manager, reported that Fiscal Year 2003-2004 had positive carryovers in two of the three transit programs, TRAX had a positive fund balance of $11,195.96 and METS had a positive fund balance of $22,198.63. However, Para Trax ended with a negative fund balance of $3,276.56. This was due to an increase in vehicle insurance rates and workers compensation rates, which were not included in the projected final budget estimate, which was submitted prior to the Red Bluff City Councils’ action to approve the contract increases for vehicle registration, and workers comp. Rates.

The money for streets and roads will increase even with this impact although the City doesn’t receive these funds until June 2005.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the Tehama County Transit Manger’s presentation and discuss as necessary.

Barbara O’Keefe, Transit Manager, reviewed estimated Local Transportation funds for FY04-05, and at this time for streets and roads based on the County Auditor’s estimate is $5,943.55.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the Tehama County Transit Manager’s presentation and discuss as necessary.

Barbara O’Keefe, Transit Manager, discussed improvements to the overall transit system and costs. The Para Trax (Dial a Ride Service) for the general public is expensive to provide and the goal is to focus this service to ADA patrons only. A survey and a draft plan were requested by the City in order to obtain public input.

Saturday services and partnering with the District Fair Board were suggestions brought to the Transit Managers attention for future considerations.

REQUEST TO USE THE 2002 PARK BOND ACT MONIES AT DIAMOND PARK SKATEPARK IN THE AMOUNT NOT TO EXCEED $20,000

Robb Gibbs, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council approve the use of the 2002 Park Bond Act Monies for use at the Diamond Park Skatepark in the amount not to exceed $20,000.

Robb Gibbs, Parks and Recreation Director expressed appreciation to Mitch Taylor, for his volunteering with the finishing up of the Skatepark. The donations and money from the Park Bond Act contributed to the skatepark, which will soon be completed and ready to open.

M/S/C Avilla, Frey to approve the use of the 2002 Park Bond Act Monies for use at the Diamond Park Skatepark in the amount not to exceed $20,000.

AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council:

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

M/S/C Frey, Avilla to approve the use of the 2004 LLEBG funds for Police overtime.

AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens

PUBLIC SAFETY AD HOC COMMITTEE – RECOMMENDATION FOR INTERNAL ALLOCATION OF POTENTIAL COUNTYWIDE ONE HALF PERCENT SALES TAX REVENUE

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the recommendation of the Public Safety Ad Hoc Committee for internal allocation between the Police and Fire Departments of the potential countywide one half percent sales tax revenue if the voters approve the ballot measure on November 2, 2004.

Susan Price, City Manager, Mayor Flynn, and Councilmember Houghton met with staff and decided that the allocating of funds would be based on department and budget sizes. The Police Department would receive 60% and the Fire Department would receive 40%. Appreciation to both department heads was expressed for all of their service to the community. This tax will only last for three years.

M/S/C Frey, Avilla to approve the allocation between the Police and Fire Departments of the potential countywide one half percent sales tax revenue if the voters approve the ballot measure on November 2, 2004 with 60% to go to the Police Department and 40% to go to the Fire Department.

AYES: Councilmembers: Flynn, Frey, Houghton and Stevens

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation That the City Council discuss the Commercial Driver License/Employer Testing Program and approve the City’s withdrawal from the program.

M/S/C Stevens, Houghton to approve the City’s withdrawal from the program.

AYES: Councilmembers: Avilla, Flynn, Frey, Houghton and Stevens

Gary Antone, Public Works Director, reviewed the raising of Shasta Dam and the problems and needs involved. The primary objective was increase survival of fish population and increase water supplies to meet future water demands. The secondary objective is to preserve eco system, reduce flood damage and develop additional hydropower.

Councilmember Stevens proposed, that the five items at the beginning of the agenda that were postponed, should be discussed by the City Manager and Mayor Flynn in an effort to reword some of those items according to Policies in place or with new Ordinances.

Susan Price, City Manager, discussed her concerns about receiving direction from one Councilmember, and taking staff’s time set by one Councilmember. Some items can be solved very quickly, but items that involve a Policy matter take more time and full council consideration is needed for prioritizing of these issues. These items will be brought to City Council in October 2004.

Councilmember Stevens mentioned that two of the above mentioned issues are of importance and warrant councils attention, and these include drafting of an Ordinance about yard sale signs not being taken down and the picking up of dead animals in the streets over the weekends. These two items can be brought back to speak to the issue of overtime requirements when procedures change and to Planning Department staff time required for weekend staffing. These will be placed on the September 21, 2004 agenda.

Councilmember Avilla requested a Trails Grant update in a future meeting and it was decided that it would be included on the September 7, 2004 agenda.

Mayor Flynn spent three and a half days at Tenaya Lodge near Yosemite for a training session that was very enlightening in leadership skills.

J D Ellison Sr., Building Director/Official, mentioned that on August 18, 2004 the lift panels on the Home Depot construction site could be viewed by an arrangement with the Building Department Staff.

ADJOURNMENT

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