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CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

Date of Meeting: Tuesday, October 19, 2004

Time of Meeting: 7:00 p.m. Regular Adjourned Meeting

Place of Meeting: Council Chambers, City Hall

555 Washington Street

Red Bluff, CA

This agenda has been posted pursuant to Resolution No. 28-1995.

City Council Present: Forrest Flynn, Mayor

Larry Stevens

Gregg Avilla

Andy Houghton

Russ Frey

Staff Present: Susan Price, City Manager

Rick Crabtree, City Attorney

Gary Antone, Director of Public Works/City Engineer

Charlie Mullen, Planning Director

Al Shamblin, Police Chief

Margaret VanWarmerdam, Finance Director

Venita Philbrick, City Treasurer

JD Ellison, Building Director/Official

Gerry Gray, Division Chief

Rob Gibbs, Parks & Recreation Director

Tessa Pritchard, Human Resources Director

Cheryl Smith, Deputy City Clerk

Mayor Flynn called the meeting to order at 7:00 p.m.

Velma Trujillo, Former Mayor and member of the City Council, lead the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.

Les Wolfe, concerned citizen spoke regarding the mandatory garbage hearing and asked that the City Council reconsider its decision since the majority of those who had attended the meeting were opposed.

Kathy Nelson, resident, stated that she had sent a letter regarding cleaning up at the old city dump and that stated that she had spoken to Ms. Price regarding this also. She questioned how long the City had to clean up this site and why the City is allowed a longer clean up period than a resident, once of which she knew, who had been out of town for a month and when he returned found his property cleaned up, was sighted and had been given a court date.

JD Ellison, Building Director/Official, stated that both he and the Fire Marshal had visited the area and they are working on the clean up. He apologized for the delay, but it was due to a planned vacation and an illness that had kept him out of the office for a period of time. He stated that the City had not cited anyone recently and that it takes approximately 5-6 weeks before the City can do anything.

Al Shamblin, Police Chief, stated that the Vehicle Code covers the abatement of vehicles on City streets and private property and that proper procedure must be followed prior to towing any vehicle, which is a minimum of 72 hours, a warning is put on the vehicle, then a citation, then the 72 hour notice to tow.

Ms. Nelson questioned if the City and County were working together on the Abandoned Vehicle Ordinance.

Chief Shamblin stated that they had been attending meetings and working with the County.

Karen Herrlie, property owner, stated that she was opposed to mandatory trash and had spoken to approximately 150 property owners who were also opposed. She further stated that she was in favor of recycling and had been helping the older citizens learn to recycle.

B. PRESENTATION:

Lance Hall, Wal-Mart Store Manager, presented a short video on Wal-Mart and the benefits the store brings to the City’s which have stores. He stated that a Super Center would bring a much larger selection to the residents of the Red Bluff and that Wal-Mart offers a very competitive benefit package to its employees.

Kathy Nelson, resident, asked for clarification on some issues regarding Wal-Mart and questioned Mr. Hall whether the Super Center would do the same thing as the store had done when it was first opened, which was sending employees home with papers to call other stores and ask the price on items so that the store can cut their prices below other stores.

Mr. Hall stated that they do shop the competitors on top items so that Wal-Mart’s prices can be competitive.

Frank McCaughey, resident, stated that a union grocery clerk makes an average of 1/3 or more per hour than a clerk at Wal-Mart and have better benefits. He further stated that Wal-Mart had attacked him personally in a ½ page article in the newspaper and felt that this showed what kind of character Wal-Mart.

C. PROCLAMATIONS:

Mayor Flynn read and presented the proclamation to Red Bluff Elks Lodge representative Phil Trujillo.

FORGET-ME-NOT CAMPAIGN

Mayor Flynn read and presented the proclamation to Disabled American Veterans representative Ron Sanders.

RED RIBBON WEEK

Mayor Flynn read and presented the proclamation to the Tehama County Department of Education representative Amy Henderson, CHES, Prevention Coordinator.

Ms. Henderson extended an invitation to the City Council and those in attendance to the kick-off reception on Monday, October 25^th at the State Theatre and the pray circle on Thursday, October 28^th in front of the Tehama County Court House.

Mayor Flynn pulled item #6 from the Consent Calendar at the request of Mayor Pro Tem Stevens.

M/S/C Stevens, Avilla to approve the remainder of the Consent Calendar as presented.

RATIFY/APPROVE SEPTEMBER PAYROLL CHECKS NUMBERS 16635-16755; SEPTEMBER PAYROLL DIRECT DEPOSIT NUMBERS 4334-4498; SEPTEMBER PAYABLES CHECK NUMBERS 46085-46439

RESOLUTION NO. 53-2004, CITY OF RED BLUFF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (DBE)

SECURITY CONCERNS FOR RED BLUFF CITY HALL AND POLICE BUILDING, CITY STAFF AND OFFICES THERE IN

JD Ellison, Building Director/Official, reviewed the staff report and gave staff’s recommendation that security access at the City Hall Building after standard work hours (8:00 a.m. to 5:00 p.m.), on holidays and on weekends be limited to the City Manager and Department Heads unless approved otherwise by the City Manager.

Mayor Pro Tem Stevens stated that his concern was that the five (5) City Council members are the elected officials and that the City Manager works for them and that the remained of the City Staff works for the City Manager. He further stated that it is difficult to get mail during the course of work hours and he felt this was a step closer to precluding the presence of the Mayor and Councilmembers from City Hall. If there are things that should be secured then add locks to individual doors and have them closed. He also stated that on this meeting agenda is the awarding of janitorial services that allows for a cleaning crew to come in at 7 o’clock at night and stay until 4 in the morning and essence what we’re saying is that its OK for those people to come and be in the building, that they’re trustfully enough to do it and we’re not and that he takes personal offense to this item.

Ms. Price stated that any janitorial service that the City has will be bonded and fingerprinting done on the employees of that service. She stated that she had discussed the security needs for City Hall with the Department Heads and currently the Police Department front counter is being updated with bulletproof glass and will be proceeding on a project to upgrade the counter at City Hall. One of the concerns is that the security issues with the respect of how many people have access to City Hall on a 24-hour basis. And in discussions with the auditor he stated that he has had a concern for securing the accounting area, which includes the 4-5 front desks in the front lobby area of City Hall. City Hall is open for all of City Council from 8 a.m. to 5 p.m. Monday through Friday, which leaves 9 hours (including the lunch hour) in which the facilities are available. Her question to the City Council was if there was something that they needed to have that they could not utilize during these hours.

Councilmember Avilla stated that he never questioned it when he was given the access code to come in City Hall to get his mail and asked Councilmember Frey and Mayor Flynn is this had always been this way, where the City Council had access to City Hall on the weekends in the past.

Councilmember Frey stated yes, the City Council was trusted just as much as anyone else.

Mayor Flynn stated that if his memory serves him right the City Council did have a key.

Councilmember Avilla stated that this item looks like it’s directed at City Council, what other staff does have access to City Hall.

Ms. Price stated currently all City staff has access to City Hall 24/7. The currently system is not computerized when you can limit the number of employees that have access on the weekends and after hours. She had received some concerns from other City employees that have raised concerns indicating that at 6:00 a.m. there have been other people in the building or City Council coming in at that time. The City of Corning and Willows do not have access and our concern is the number of people who have access to City Hall after hours.

Councilmember Houghton stated that he thought it was a great idea and that there was no reason for the City Council to have access to City Hall on the weekends or after hours.

Councilmember Frey stated that if there were concerns about City Council roaming around the building then it should be referred to the Chief of Police. He has come in to pick up his mail and/or packet after hours.

M/S/C Houghton, Avilla that the security access at the City Hall Building after standard work hours (8:00 a.m. to 5:00 p.m.), on holidays and on weekends be limited to the City Manager and Department Heads unless approved otherwise by the City Manager.

M/S/C Avilla, Frey to approve the minutes of October 5, 2004 with a correction on page 4 regarding the verbal report given by Councilmember Frey that read “short term pay” which should read “short term pain”.

ABSENT OR NOT VOTING: Councilmember: Houghton (abstained absent from that meeting)

CITIZENS FOR A SOUTH COUNTY COLLEGE COMMITTEE SECOND LETTER OF REQUEST FOR ENDORSEMENT

Ted Taylor stated that since the meeting of October 5^th did not have a full City Council that they thought it was best to come back and address a full Council regarding the issue.

Gary Strack, Mayor of the City of Corning, spoke on behalf of Ted Taylor and the Citizens for a South County College Committee. He stated that the City of Corning had retained the services of Greg O’Sullivan to assist with the location of a more central location for the college. The committee would like to make sure that the college still has the same vision as proposed when it was presented to the voters of Tehama County.

Greg O’Sullivan stated that time was of the essence and that his job was not where but what was being proposed. He stated that perhaps the project is different than what was originally proposed by the College to the voters of Tehama County. The College has drifted away from the original plans and it’s not going to be the same as first envisioned. Before a site is selected it needs to be determined what the plans are for the Technology Center so that you know what the needs are for location and site selection.

Mayor Pro Tem Stevens stated that he attended the Corning Candidate’s Night and the phase of between Red Bluff and Corning was mentioned several times. If it says in the original papers between Red Bluff and Corning then bring legal action against the College or bring a letter from the City to the Board of Trustees regarding the concerns.

Councilmember Houghton stated that when this was presented to the public that this Technology Center would be between Red Bluff and Corning and not closer to Shasta College.

Mayor Flynn stated that this was basically what the article in the newspaper also said.

Councilmember Avilla stated that he was on the Site Selection Committee and he remembers that there were a few sites north of Red Bluff, including one that did involve free land as a result of it not being between Red Bluff and Corning.

Mr. O’Sullivan stated that the College Board of Trustee’s also rejected that site.

The consensus of the City Council was that the City Manager would send a letter to Shasta College requesting that they attend a joint City Council meeting of the City of Red Bluff and City of Corning and give a presentation of what their vision is and an update of the project, which will include a question and answer period.

Mr. Abbs gave a brief background on the grant and stated that this resolution would authorize the submission an application for a Reuse Assistance grant application to the California Integrated Waste Management Board.

Ron Nelson, concerned citizen, questioned where the required 50% cash match was going to come from, as the City just hit everyone with Mandatory Garbage and a rate increase and that he didn’t think that they had a resale license at the landfill, looks like they are going to go into the business of resale.

Mr. Abbs stated that the matching funds would come from the Tehama County Sanitary Landfill Agency, which is separate from the City of Red Bluff. This agency has a contingency of over $200,000 and the matching funds are well within this contingency. In terms of resale the Landfill Operation Contract already allows the resale and/or gifting of items from the landfill. The Landfill operation is separate from the City of Red Bluff, so it is not associated to the garbage rates.

M/S/C Avilla, Houghton to adopt Resolution No. 57-2004 – Authorization for Submission of Reuse Assistance Grant Application to the California Integrated Waste Management Board.

Susan Price, City Manager, reviewed the staff report and stated that as part of Mandatory Trash a senior rate of $7.75 per month for a 32 gallon rolling garbage cart had been worked out with GreenWaste, contingent upon approval of Ordinance No. 954. She further stated that Councilmember Stevens inquired about the possibility of GreenWaste providing a Disability Garbage Rate. Staff did review the contract with GreenWaste and GreenWaste has agreed to provide the senior rate to Disabled persons, but that they will need to provide a disability certification. Staff will be talking with GreenWaste as to what they find acceptable as certification of disability and this will be brought back to the City Council at the November 2^nd meeting.

Kathy Nelson, concerned citizen, asked about the people that are on fixed incomes and if senior citizens could continue to share service.

Ms. Price stated that the way the Mandatory Garbage would work would be that every occupied building and/or residence would be required to take garbage and that at this time there had been no discussion with GreenWaste regarding people on fixed incomes.

Rob Schmid, property owner, stated that he was unable to attend the last City Council meeting, but has heard that there was an over whelming response from people who did attend that were opposed to Mandatory Trash. He stated that the City Council could not legislate cleanliness and that the City is making other responsible citizens pay for those you don’t clean up after themselves. He wanted to remind the City Council that they need to respond to the citizens who elect them and that they shouldn’t push their personal agendas because they live on a street where someone is making a mess. He didn’t feel that by allowing GreenWaste to increase their rates and at the same time giving them 30-40% more business was the best for the City. He asked that the City Council not waive the first reading and think about what the citizens want.

Kathy Nelson, citizen, stated that her problem was with the garbage service itself in that they drivers leave a mess all over Walbridge Street. She and her neighbor’s pickup the garbage weekly. She had spoken to GreenWaste and was told to bag everything and wanted to know how the City plans to make sure that better service is provided with the rate increases. She stated that she had spoken to Ms. Price on this and was to told that a plan would have to be established.

Amanda Walters, GreenWaste of Tehama, stated that they haven’t published anything saying that GreenWaste would provide better service along with these price increases. She did agree that GreenWaste drivers need to be more aware of garbage that is dumped around the trucks.

Ron Nelson, citizen, stated that someone needed to drive from Walnut Street out to the dump and you will find both sides of the road littered mostly with paper.

Mayor Flynn stated that these issues need to be addressed aside from the Mandatory Garbage issue.

Linda Bullock, Historic Red Bluff Association, stated that the association, as well as the Chamber of Commerce, is opposed to Mandatory trash. Several businesses do not generate much trash and that the most unsightly thing is looking down the streets and alleys and seeing all the dumpsters.

Mayor Flynn stated that he had a problem with putting past due amounts on the tax roles and also guaranteeing GreenWaste the profit.

Councilmember Avilla questioned the issue of putting on the tax role and asked how it would be resolved.

Rick Crabtree, City Attorney, stated that this was addressed in Section 18.A26 of the Ordinance and that once a year the City Council would be given a delinquently list, which they would address and take action on.

Councilmember Avilla questioned if the City Council chose not to put on as a tax lien, if they would come back again the next year.

Ms. Price stated that she had spoken with GreenWaste about working with the delinquencies and they agreed to work with the delinquencies in terms of notification every 60 to 90 days, so that these would not go until the end of the year.

Mr. Crabtree stated that the only list that is sent to the Tax Collector once a year is the list of delinquencies, not accounts that are current.

Mayor Pro Tem Stevens stated that if the owner brought their account current prior to action being taken by the City Council then there would be no lien.

Mayor Flynn stated that if GreenWaste is going to do the business then they should take care of the billing on their own and that he doesn’t know of any other business that the City would do that for.

Charlie Sale, citizen, stated that one time he was called by the Police Department and questioned about dumping garbage behind the hardware store located in Riverside Plaza and all he had done was pay his phone bill at the store.

Brian Sharpe, Assistant District Manager of GreenWaste, stated that the City is asking them to guarantee garbage pickup and with mandatory service they don’t have the luxury of stopping someone’s service, which is why they need the increase in fees.

Corky Kramer, Chamber of Commerce President, questioned Mr. Sharpe if by what he meant with his statement that GreenWaste didn’t want mandatory garbage.

Mr. Sharpe stated that the City approached GreenWaste with the idea. Mandatory garbage works well to increase recycling and at this time the landfill is not meeting it’s recycling requirement.

Mr. Kramer stated that the main concern of the Chamber of Commerce is the way the delinquencies are handled and asked that a new way to collect these delinquencies be found.

Mr. Sharpe stated that this would be a last resort, as garbage service cannot be stopped.

Mr. Crabtree stated that he did have conversations with Dave Vaughn and that the rates would be higher to cover for the absorption of these delinquencies if the tax lien was not included.

Mr. Kramer stated that the subject of mandatory trash is over, but asked that the City Council revisit how delinquencies are collected.

Ms. Nelson stated that with GreenWaste billing 3 months in advance they’re earning interest from the money paid.

Councilmember Avilla requested clarification on how delinquent water and sewer accounts are handled at the City.

Margaret Van Warmerdam, Finance Director, stated that past due accounts are sent a 15 day notice, a 48 hour notice and if unpaid the address is shut off.

Ms. Van Warmerdam stated that the City doesn’t go after the owners unless it’s a problem property and then the owner is required to put the account in their name.

Councilmember Avilla questioned if the City had the authority to place the garbage on a lien.

Mr. Schmid stated that the City Council needs to listen to what the public is saying.

M/S/C Avilla, Houghton to waive the first reading and introduce Ordinance No. 954 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 18A of the City Municipal Code, Specifically Providing For Mandatory Citywide Refuse Collection.

Gary Antone, Director of Public Works/City Engineer, reviewed the staff report and gave staff’s recommendation that the City Council hear the presentation by Taussig and discuss and comment as necessary on the draft needs list.

Steve Brock, Manager for Taussig & Associates, spoke briefly on the fee’s recommended and the steps that were involved with determining the needs of the City. The cost of all the facilities identified in the study was estimated at 152 million dollars.

Ms. Price stated that what the City Council saw is basically a wish list. She further stated that notification had just been received that the City had received a grant to do a feasibility study for the Fire Department, similar to the one done recently for the Police Department.

Mr. Antone stated that the Development Impact Fees had not been updated since 1996. This study involves all the past study that have been completed recently.

The numbers shown will change and when this comes back to the City Council it will be in a public hearing format.

Councilmember Avilla commended staff and the City Manager for a very timely study being done by the consultant.

Mr. Brock stated that as they move on with the study they will apply different methodologies to these facility cost to make sure that new development is being charged what is fair, but at the same time not solve all the problems on the backs of the developers.

Councilmember Avilla are Development Impact Fees tailored to an area and not necessarily be the same as larger cities in the bay area.

Mr. Brock stated that they should fall within the same range, and will be compared to other cities of the same size and demographics. Builders like to see that the fees being charged by the cities are reasonable.

Mayor Flynn stated that the Development Impact Fee Study is necessary to document fees so that the developers pay their own fair share and not someone else’s.

Mr. Antone stated that the cost of doing construction in our area which will be similar to surrounding counties.

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council authorize Ms. Lisa Lynch a permit to operate Sunset Cab Company within the City Limits of Red Bluff, contingent upon meeting all requirements for the operation of taxicab service in the City of Red Bluff.

Mayor Pro Tem Stevens stated that he had spoken to Ms. Lynch and asked if they would provide discount rates for seniors, adjusting the age to 62 for the senior rate and disabled persons and received a positive feed back.

Chief Shamblin stated that he was not aware if there was any reduced rates for seniors and disabled person and would check with other cab companies to see what they offer.

Ms. Price asked the City Council if they would like to see age 62 instead of 65 for the senior rate.

M/S/C Avilla, Houghton to authorize Ms. Lisa Lynch a permit to operate Sunset Cab Company within the City Limits of Red Bluff, contingent upon meeting all requirements for the operation of taxicab service in the City of Red Bluff.

PUBLIC HEARING TO CONSIDER; TENTATIVE TRACT MAP 04-1004; MITIGATED NEGATIVE DECLARATION; RESOLUTION NO. 56-2004; 1875 ALOHA STREET; MIKE CRONIC (APPLICANT), NORTH VALLEY BAPTIST CHURCH (OWNER)

Charlie Mullen reviewed the staff report, gave a brief description of the tract map and gave staff’s recommendation that the City Council:

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

3. Adopt Resolution No. 56-2004 approving the Mitigated Negative Declaration and approving Tentative Tract Map 04-1004 with the Findings and Conditions of approval.

Rob Schmid, Airport Commission Chairperson and pilot, asked if there was something they can do to require noise insulation for the project.

Mr. Mullen stated that many of the modern building requirements will meet the noise requirements, one of the things the applicant is doing for the entire subdivision is not installing swamp coolers.

Mr. Schmid stated that he just wanted to make sure that they are doing enough for noise without imposing any undue expense.

Bruce Alexander, Alexander & Associates, stated that the developer assured that the ceilings and attics will be insulated and the development will do everything he can to make it a quiet house.

JD Ellison, Building Official/Director, stated that the contractor has stated that he would meet the requirements and will also use sound rated windows. Also that all air conditioning units will be hung inside the attics with just the condensers on the outside of the homes.

Councilmember Avilla stated that he was surprised at item #15 regarding Transportation and Traffic and questioned what was being mitigated in this item.

Mr. Mullen stated that staff had come up with a solution that rather than having cars back out into the streets, the vehicles can would turn around an exit out forward onto Aloha Street.

M/S/C Houghton, Avilla to adopt Resolution No. 56-2004 approving the Mitigated Negative Declaration and approving Tentative Tract Map 04-1004 with the Findings and Conditions of approval.

Gerry Gray, Division Chief, reviewed the staff report and gave staff’s recommendation that the City Council approve the installation of the lobby door and relocation plan and authorize $3,000 for the project. He further stated that the Fire Department operation requires more interaction with the public and the best solution is to open up a door that already exists. The Building Director has some ideas and doesn’t see it as a reduction of security.

Ms. Price stated that originally Chief Damon had recommended utilizing the Training Center as Chief Gray’s office and she wasn’t sure if the City Council wanted to make the Training Center another permanent employee location.

M/S/C Stevens, Avilla to approve the installation of the lobby door and relocation plan and authorize $3,000 for the project.

Gary Antone, Director of Public Works/City Engineer, reviewed the staff report and gave staff’s recommendation that the City Council award the City Hall Janitorial service contract to Peerless Building Maintenance of Redding in the amount of $1,630 per month for a total annual cost of $19,560 and authorize a general fund budget adjustment in fund 10-57-340 for the added expense. He further stated that North Valley Services declined to bid on this proposal, but couple of other companies did contact the City regarding the proposal, but in the end responded back that they didn’t have the time and/or resources to put forth the work the City was asking for. The new proposal provides a higher level of cleaning services for City Hall.

Susan Price, City Manager, stated that in addition a new front counter for City Hall, painting and new carpet is being planned for City Hall.

Mr. Antone stated that staff is looking at high traffic areas being installed with VCT, which is a commercial grade tile, which will give the City a better service life than carpet in those areas.

Mayor Pro Tem Stevens stated that with tile the noise level will increase and that if tile is used between the front counter and doors that vacuuming weekly is not sufficient.

Mr. Antone stated that the daily service will provide vacuuming in traffic areas.

Ms. Price stated that staff will bring this item back to the City Council to let you know how it’s working out.

Mayor Pro Tem questioned if staff had made any calls to customers of this service provider to see if they are satisfied with their performance.

Mr. Antone stated that he had made calls to customers of this provider and they were very satisfied with the service they were receiving. He further stated that the City will be receiving a much higher level of service.

M/S/C Avilla, Houghton award the City Hall Janitorial service contract to Peerless Building Maintenance of Redding in the amount of $1,630 per month for a total annual cost of $19,560 and authorize a general fund budget adjustment in fund 10-57-340 for the added expense.

Gary Antone, Director of Public Works/City Engineer, reviewed the staff report and gave staff’s recommendation that the City Council authorize staff to proceed with the purchase of 5 tree grates and 2 post top pedestrian lights from Fund 21 per the Downtown Demonstration Plans in an amount not to exceed $8,000. He further stated that it will take roughly 16 week to get the items orders and in house.

M/S/C Frey, Houghton to authorize staff to proceed with the purchase of 5 tree grates and 2 post top pedestrian lights from Fund 21 per the Downtown Demonstration Plans in an amount not to exceed $8,000.

Mayor Pro Tem Stevens reported on the County Transportation meeting and provided copies of the financial reports and draft survey responses to the City Council. He also reported that Caltrans has plans for landscaping on Adobe Road for late 2005 and that additional work was being done for the South Avenue exit in the Corning area, but that money was not available at this time.

Susan Price, City Manager, reported that Rob Gibbs, Director of Parks and Recreation is working on updating his web page and that Charlie Mullen, Planning Director would begin on the Planning Department web page in the future.

Gary Antone reported that he had received an email from the project manager indicating that they would be contacting the City regarding the layout of the landscaping at Adobe Road, as it will be an entrance to the City.

Councilmember Avilla commended staff on being patience and participation during this evening’s meeting and there was some very important issues that had been discussed.

There being no further business Mayor Flynn adjourned the meeting at 11:13 p.m. to November 2, 2004 at 7:00 p.m. in the Red Bluff City Council Chambers.