RED BLUFF

CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: September 21, 2004

TIME OF MEETING: 7:00 P.M.

PLACE OF MEETING: Red Bluff Community Center

The agenda for this meeting was posted pursuant to Resolution No. 28-1995

Councilmembers Present: Forrest Flynn, Mayor

Gregg Avilla

Russ Frey

Andy Houghton

Larry Stevens

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Gary Antone, Director of Public Works

Gloria Shepherd, City Clerk

Margaret Van Warmerdam, Director of Finance

Tessa Pritchard, Human Resource Director

Michael Damon, Fire Chief

Al Shamblin, Police Chief

Robb Gibbs, Director of Parks and Recreation

Venita Philbrick, City Treasurer

Charlie Mullen, Planning Director

Mayor Flynn led the Pledge of Allegiance and the assemblage joined in.

CITIZEN’S COMMENT

Joseph A. Miller, concerned citizen, commented that the time published for the start of the Public Hearing was for 7:00 p.m. and Mayor Flynn responded that we wouldn’t have to rush the Public Hearing if the other items could be addressed first.

Kathy Schmitz, Executive Director Job Training Center, presented a power point discussing the assistance to individuals and businesses in the Community. The original traditional work services readiness program for displaced workers was changed after the Workforce Investment Act passed. Changes in who they could assist helped to provide service to everyone and helped the business community too. The current Job Seeker service has approximately 100 visitors daily with many first time job seekers through access to local job postings and Internet job boards. Business One Stop Services are a division to support local businesses and provide information exchange, qualified career counselors, business consultants and work together with the Chamber of Commerce and Business Partnerships.

In order to educate and bring public awareness to Job Training services, they are having a “Customer Service Week”, at the Ramada Inn in Corning on October 8, 2004 for an Awards Luncheon.

M/S/C Stevens, Houghton to approve the Consent Calendar.

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

RATIFY/APPROVE AUGUST PAYROLL CHECKS NUMBERS 16476-16634; AUGUST PAYROLL DIRECT DEPOSIT NUMBERS 4171-4333; AUGUST PAYABLES CHECK NUMBERS 45795-46084

RESOLUTION NO. 51-2004 AUTHORIZING STREET CLOSURES FOR THE MONSTER TRUCK DISPLAY

ACCEPTANCE OF LETTER FROM ERIN BRAINERD SUPPORTING “JAKE’S DAY” [attached]

URBAN STREAMS RESTORATION PROGRAM CONTRACT AMENDMENT 1 TO AGREEMENT NO. P-13-026; RESOLUTION NO. 52-2004; DEPARTMENT OF WATER RESOURCES URBAN STREAMS GRANT APPLICATION, $600,000

CURRENT BUSINESS

Susan Price, City Manager, reviewed the staff report and gave staff’s update on the CDBG application for funding to complete a Fire Facility Feasibility Study and a Commercial/Industrial Business Inventory and Future Growth Impact Analysis for the Antelope Sewer Project. Each CDBG grant has a required cash match of $7,700 and the cash match will be included in the City’s 2004/2005 Final Budget.

Susan Price, City Manager, mentioned that she had received word that the City had been awarded the grant funding as of today.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council acknowledge the work being performed by Water Department personnel. The Red Bluff City Water Department was chronicled in the June 2004 Badger Meter Connectivity Newsletter, highlighting the personnel, John Jennings, Marvin Eckels, Mike Jenson, Bill Leddy, Glenn Walbridge, and Steve Emerson. The water crew does an outstanding job in operating and maintaining the City’s water system and it’s encouraging to have them recognized in the Connectivity Newsletter, which is circulated nationwide.

Gary Antone, Pubic Works Director, reviewed the staff report and gave staff’s recommendation that the City Council hear and discuss the information provided by Caltrans and refer the matter to staff for follow up.

The service club directory sign structures at the north and south entrances to the City were demolished due to age and deterioration. The service clubs established a committee to design and construct new sign structures, and ran into a problem when Caltrans explained that it currently doesn’t allow the installation of service club directory signs within their right of way. Caltrans is in the process of developing guidelines for installation in these areas and the current recommendation is that the City of Red Bluff should select the design and location for one gateway monument sign for southbound North Main Street.

Another option the City has considered is to find a location on private or city owned property that could accommodate the structures.

Russ Wenham, Caltrans District Division Chief, summarized that Caltrans has never had gateway monument guidelines and from the standpoint of the district they feel the communities ought to have the signs. The struggle is that they have had to draw the line somewhere and it is one per entrance as long as it meets criteria.

Susan Price, City Manager, questioned whether the service clubs in the community have the option of an appeals process for requesting two signs.

Official Caltrans draft guidelines, which are the policy, say that none unless a local agency has proven that there is not another viable option.

The City will work with Caltrans to come up with a solution that will be satisfactory to everyone.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to open the Public Hearing, receive input form the public, close the Public Hearing and consider action on one of the following items:

1. Approve citywide garbage collection with recycling carts at the rates specified in the mailing to property owners with delinquencies placed on property tax bills.

2. Approve citywide garbage collection without recycling carts, which would result in no increase in service cost at this time, with delinquencies placed on property tax bills.

Previous City Council meetings have discussed the benefits of citywide garbage collection and currently 83% of the residential customers take garbage collection already. The City notified 5,169 parcel property owners of the potential citywide garbage collection and The Right To Vote on Taxes Act, a protest form that any City property owner could use to document their protest. The required threshold to preclude the imposition of citywide garbage collection is a protest by property owners representing a majority (51%) of parcels in the City. The unpaid delinquencies under the citywide mandatory collection will be placed as lien on an owner’s property tax bill.

Susan Price, City Manager, mentioned that it would take 51% of parcels to oppose in the City to win

Mayor Flynn mentioned that those who had protest slips could still turn them in to be added to the 110 property owners representing the 219 parcels and three more protest forms were turned in.

1. Corky Kramer, Chamber of Commerce President, opposed the citywide mandatory garbage and questioned why the mandatory trash and recycling are tied together as one issue in order to reach the 50% diversion rate for the recycling center.

2. Kathy Nelson, concerned citizen, opposed the citywide mandatory garbage, explaining that stockpiling garbage issues won’t be resolved by this, seniors and low income people will be adversely affected, education of recycling would be more effective, and if increasing charges the service should be better.

3. Kimberly Mansfield, concerned citizen, opposed the citywide mandatory garbage, and complained about debris in neighborhoods left by Greenwaste staff during pickup and provided pictures to support her complaint.

4. John Alco, concerned citizen, opposed the citywide mandatory garbage, and felt this was not legal to impose and needs to be looked at. He watches a vacant house for friends and there is no garbage and it’s unfair that these homeowners should be forced to pay for a service they don’t use and disapproves of the lien on property taxes.

5. Ron Spurgeon, concerned citizen, opposed the citywide mandatory garbage, and felt that the contract with Greenwaste is a “gottcha contract” and you can’t get out.

6. Jeff Fennel, concerned citizen and business owner, opposed the citywide mandatory garbage, and explained that his business doesn’t generate much trash and he doesn’t see a huge trash problem in the City and believes this won’t make a difference.

7. Ron Nelson, concerned citizen, opposes the citywide mandatory garbage, and provided a handout stating reasons for not having mandatory citywide garbage, reasons not to allow liens on property, and direct solutions to the problem as an alternative.

8. Gerald Cherveny, opposed the citywide mandatory garbage, and explained that their private lives are being controlled by corporations and that Greenwaste charges too much without a conscience. The City allowing Greenwaste to charge citizens’ three months in advance are unsettling rules and that the City is helping Greenwaste.

9. Phil Gunsauls, PJ Helicopters, opposes the citywide mandatory garbage, and explained that his 3 hangars over the last 35 years generate no waste and there is a need for variances where no waste is generated.

10. Sharon Hessy, concerned citizen, opposes the citywide mandatory garbage, and avidly recycles which results in a minimal amount of garbage each month. Her concerns were that the Greenwaste recycling system was a better system or inefficient and what kind of options were there for people who are out of town occasionally and don’t require pickup. She felt that attaching a fee to property taxes was unfair.

11. Ann Reed, concerned citizen, opposes the citywide mandatory garbage, and of the 3 properties she owns one building has four tenants and the other two have no residents requiring no service.

12. Lamar Bayles, concerned citizen, opposes the citywide mandatory garbage, and explained that that other business don’t say to bill mandatory or they will put a lien on the property. It will also be a hardship on low incomes and landlords this shouldn’t be done to our City

13. Carline Holland, concerned citizen, opposes the citywide mandatory garbage, and asked, “what happened to freedom of choice”, and “don’t mess with their tax bills” as people stand to lose a home over it.

14. Nells Weir, concerned citizen, opposes the citywide mandatory garbage, and questioned whether the Corning trash problems had been solved by mandatory service. He shares a trashcan with his neighbor due to small amount of trash generated and feels like there may be waste at the recycling centers and it should be addressed.

15. John Gumm, concerned citizen, opposes the citywide mandatory garbage, and was concerned if renters on his rental property didn’t pay.

16. Les Wolfe, property owner, opposes the citywide mandatory garbage, and explained that you can’t mandate responsibility and this won’t change the ways of people. It’s another layer of government for others to have to pick up.

17. Kathy Nelson, concerned citizen, spoke again to question whether this will make the service better and if it doesn’t would they be able to go after the City if it doesn’t get better.

18. Gary Ramsey, business owner, opposes the citywide mandatory garbage, and questioned why we have to be like Corning. He suggested that the City encourage recycling as a solution with separate bins and to get Greenwaste to encourage recycling and asked who oversees Greenwaste.

19. Joe Miller, former City Council member, opposes the citywide mandatory garbage, and asked what prompted this ordinance. He asked if there was a major garbage problem and was there anything to support the claim that the problem was caused by the 20% of public who were not taking the service. He mentioned that the 25-cent increase would enhance Greenwaste cash flow and not the City. He was against the procedure for a lien and the problems it will cause. If there isn’t a garbage problem, then “if it ain’t broken, don’t fix it”.

20. A concerned citizen returned to mention that after discussing this for the last year why wasn’t there enough time to get this on the November ballot and the protest vote should have been how many would vote yes for the mandatory service.

21. Jack Lewis, concerned citizen, opposes the citywide mandatory garbage, and owns a building with a renter and doesn’t want to have to collect the garbage payment for Greenwaste.

22. Ron Nelson returned to suggest that the City look at recommendations not to opt for mandatory service, but to educate and have options available to reach the 50% diversion rate for the recycling center.

23. Corky Kramer mentioned again that the City has a code enforcement system in place and for the City to use fees like the Planning Department has done to bring them from being in the red to the black. He mentioned that there are other ways to beautify the city.

24. John Alco, spoke again to mention that Proposition 218 had to evaluate those who wanted it as well as those who opposed it.

25. Perry Canane, concerned citizen, opposed the citywide mandatory garbage, and that this will enhance the Greenwaste income and questioned how many lost homes in the Corning area as a result of this plan. It was mentioned that seniors combine garbage and have a right to not have it be mandatory. The Greenwaste secretaries have been impossible to deal with in the past and the City doesn’t think the people can think for themselves and it will backfire.

26. Karen Herrlie, concerned citizen, opposed the citywide mandatory garbage, and explained that Greenwaste has no bins available for those who want to recycle currently.

27. Another citizen returned to mention that if the City has made up their mind, then the newspaper should warn the County that they are next. The need is to educate about recycling and get off the backs with the mandatory anything.

28. Frank James complained about the trash in other people’s yards and asked how will problems like this be fixed without the mandatory service in place.

29. Gonzales, concerned citizen from S. America, opposed the citywide mandatory garbage, and explained that citizens are doing what they are allowed to do and that the City is imposing fees against the principals of the constitution. If the City Council becomes a dictatorial entity then he will leave and the City perceives this as a big problem when Greenwaste is the inefficient problem. He suggested a pickup rate increase as a solution by City Council and to turn the matter around and make the taxes pay for it and make it a free service. Find a better plan or pick up trash every two weeks, than imposing mandatory sanctions on citizens. He suggested that the City could find a more creative system for those who are responsible citizens.

30. Ed Simon, concerned citizen, explained that mandatory works and the City needs a solution to clean up the messes and suggested enforcement is voted on.

Richard Crabtree, City Attorney, commented on the voting issue and explained that in the preparation of the notices the City properly complied according to 218 requirements. The City doesn’t require the counting of yes votes but does require the opportunity for protest votes. The City has discretion as to whether to proceed with mandatory trash or not now. Any Ordinance approved by the City if subject to referendum and the public can force an Ordinance to be put on the ballot. The City can also put a proposed Ordinance on the ballot in the form of an Initiative if it so chooses.

Kathy Nelson, concerned citizen, asked the City Attorney if people can sue the City if the service that is promised isn’t better and whether it leaves the City open to law suits.

It was explained that Waste Connections has a current 7-year contract in place with the City and it has to abide by its requirements and may be modified to include the City option to sue Greenwaste.

Councilmember Stevens, mentioned that the majority of the room was opposed to mandatory service and he wondered how many of those would support not having mandatory trash but would pay the 25-cent increase per month to purchase the blue recycle bins to enhance the recycling program.

A citizen mentioned, that the current billing system by paying three-month payments in advance to Greenwaste was creating a holding account for Greenwaste to draw interest on.

Dave Vaughn, District Manager for Greenwaste of Tehama, explained that the customer provides yard waste containers and the customer has the opportunity to rent a recycling bin at the $1.14 a month additional containers.

Councilmember Avilla asked if enough people went for the 25-cent rate increase, would this be a win for Greenwaste and it was explained that it would be a win for the community as well as a benefit for the company.

Amanda Walters, GreenWaste, explained that there is a due date on the bill and no collection is in place on bills until 120 days out.

Councilmember Stevens suggested postponing the decision until the October 5, 2004 City Council meeting for a decision in order to consider senior rates and all of the comments made.

Jennifer Giambroni, landowner, asked why the City is collecting by liens for GreenWaste.

Dave Vaughn explained that the process of liens will only occur on a once a year basis and addressed by City Council in July to go on the September tax rolls and will be handled by the assessors. Folks on a quarterly basis would have the opportunity to have bad debt addressed on a more frequent basis with quarterly hearings to go over things before they go to a property lien.

Councilmember Stevens asked that the City Staff provide answers to senior and low-income rates and options about the 120-day period options and delay this decision until after the October 19, 2004 meeting.

Councilmember Houghton explained that this wouldn’t be the last vote on this and that they could negotiate into the contract with GreenWaste a senior rate.

Councilmember Houghton explained that the next meeting would address the Ordinance and that then the 30 day second reading would be held, so there was no point in holding this up to vote on.

M/S/C Avilla, Houghton to approve citywide garbage collection with recycling carts at the rates specified in the mailing to property owners with delinquencies placed on property tax bills.

AYES: Councilmembers: Avilla, Houghton and Stevens

COMMITTEE REPORTS/COUNCIL COMMENTS

ADJOURNMENT

At 9:38 P.M. Mayor Flynn adjourned the meeting to October 5, 2004 at 7:00 P.M., in the Red Bluff City Council Chambers.