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CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

Date of Meeting: Tuesday, November 16, 2004

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

Place of Meeting: Council Chambers, City Hall

555 Washington Street

Red Bluff, CA

City Council Present: Forrest Flynn, Mayor

Larry Stevens, Mayor Pro Tem

Russ Frey

City Council Absent: Gregg Avilla (excused)

Andy Houghton (excused)

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.

Rick Barram, member of the Re-enactors of the American Civil War, lead the Pledge of Allegiance at the request of Mayor Flynn and the assemblage joined in.

Kathy Nelson requested clarification on what a building permit guarantees to those who obtain one and does this guarantee that a job is going to be done and done correctly because an inspector comes in and inspects the job.

Mayor Flynn asked that the information be given to staff and staff will prepare a report and present to the City Council at a future meeting.

JD Ellison, Building Official/Director, stated that he had spoken to Ms. Nelson’s son-in-law and explained to him at the site what the problem was and Public Works has gone out and shot the elevation.

Gary Antone, Public Works Director/City Engineer, stated that his department had made contact with the property owners and that he would follow up with the City Manager.

John Elko, resident, requested clarification on the present status on the Oak Preservation Ordinance that was being considered by the City and how it was applied to the Helser Property as trees were cut down that were shown on the plans to save.

Charlie Mullen, Planning Director, stated that if an oak tree that meets the Heritage Tree Preservation Ordinance is identified for removal it has to go through a process for removal by the City and that there may be mitigation for replacement of any trees that are removed.

Gary Antone, Director of Public Works/City Engineer, stated that the work might have been done prior to the adoption of the ordinance.

Susan Price, City Manager, stated that if Mr. Elko would like to have a copy of the ordinance it would be available for him from the City Clerk’s Office.

Mr. Elko also stated that he would like to see copies of the agenda’s and minutes available after hours and on weekends, perhaps by placing a box similar to those used by realtors outside of City Hall.

PROCLAMATION:

ADOPTION AWARENESS MONTH

Mayor Flynn read the Proclamation and presented it to Steve Martin and Rita Hidy liaison for Lilly Put Children’s Services.

ORDINANCE NO. 953; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTERS 12 OF THE CITY CODE

RESOLUTION NO. 63-2004; RED BLUFF FIRE DEPARTMENT DISPATCH CONTRACT RENEWAL WITH CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

PRESENTATION FOR CITY COUNCIL APPROVAL OF CIVIL WAR DAYS AT DOG ISLAND PARK – Rick Barram

Rick Barram of Re-enactors of the American Civil War (RACW) presented a short video on what occurs during the living history event that they are seeking approval from the City to hold at Dog Island Park on April 29^th through May 1, 2005. On Friday, April 29^th they would host more than 500 local eighth graders who would visit authentic Yankee and Rebel army camps and learn from the soldiers about their weapons, food, medical treatments and politics. On Saturday and Sunday (April 30^th and May 1^st) the general public would be invited to visit the opposing camps and witness the spectacle of Civil War battles, including cannons and mounted cavalry.

Mayor Pro Tem Larry Stevens questioned if the group carried Liability Insurance; if there would be overnight camping in the park and if this would be just the RACW group.

Mr. Barram stated that RACW has a $2,000,000 general Liability Insurance policy and that his group would camp in the park along with a Boy Scout group.

Chief Shamblin stated that his main concern would be parking for those attending the event.

Gary Antone, Director of Public Works/City Engineer, stated that there was a list of items that would need to be addressed.

Mayor Flynn requested that staff continue to work with Mr. Barram on this event and bring back to the City Council when the details of parking etc. have been worked out to the satisfaction of both parties.

Susan Price, City Manager, stated that the Police Chief, Director of Parks and Recreation, Director of Public Works and herself would meet and discuss ways to meet the items of concern and bring back to the City Council.

REQUEST TO ADDRESS THE CITY COUNCIL ON THE MAINTENANCE OF CITY SIDEWALKS – Ron & Kathy Nelson

Kathy Nelson, resident, stated that she was making a formal complaint that covers the whole City on the conditions of the sidewalks within the City of Red Bluff. She stated that they had spoken with several residents of the City claimed that they had called the City to complain about sidewalks and that nothing had been done. She stated that she felt the conditions of the sidewalks within the City showed that the City had turned a blind eye on the repairs for years. The City has mandatory tree planting and the roots of the trees are the cause of most of the sidewalks problems making the City responsible for repairs. She stated that the only streets that she is focusing on at this time are the ones in her area, which is Johnson, First and Third. The sidewalks have been pushed up and someone has gone in and patched with cement and/or asphalt.

Mayor Flynn asked for an exact address for the conditions that were being raised.

Ms. Nelson stated that what she understands of the Streets and Highway Code is that whoever owns the easement on which the sidewalk is located is the responsible party for repairs. She further stated that according the S/H Code Section 22304 it states that the Board or City Council shall include in the annual budget of the board the amount of money necessary to meet the expenses to complete the work and that she had been told that there was not enough money. She understood that by making mandatory garbage the City would have additional $49,384 in Franchise Tax Fees and in Transportation an additional $85,787. She believed that the Transportation Fund could generate money to go in and fix the sidewalks. She feels that the homeowner should not be made to pay for repairs of the sidewalks. She believes that the condition of the streets in this City needs to be addressed because of the liability to the City.

Ron Nelson, resident, stated that people have told them that they have called the City and that one gentleman told them that the City came in a tore up the old sidewalk, ground the tree roots down and then told the owner that he would have to finish the sidewalk.

John Elko, resident, stated that he believed it would be in the interest of the City to map the sidewalks on GPS and map out the problems in the sidewalks to then start a program to fix the problems.

Gary Antone, Director of Public Works/City Engineer, stated that staff is carrying out the ordinance and the orders of the City Council based on the code. If damage is reported staff does follow-up on it and trys to address the issue. City staff works with the owner and have a shared responsibility where the City would go in and remove the damaged sidewalk, remove any roots that may be causing the problems and then the owners responsibility is to put the new sidewalk in. One thing that could be done is to develop a sidewalk program either by a consultant or by staff, built a priority list and address in that order. In the past 1911 Act money has been used where repairs are done with a shared responsibility between the owner and the City. The City has not had the funds to commit to that project in recent years, but when concerns are reported to his office it is taken seriously.

Susan Price, City Manager, stated that one thing that staff has looked at is the possibility of staff writing a Community Development Block Grant Planning Grant to obtain a consultant to do a planning grant on prioritizing what sidewalks need to be repaired.

Mayor Pro Tem Stevens stated that he would like to see sidewalk repairs incorporated with curb cuts for ADA requirements at intersections.

Mr. Antone stated that some of the projects completed in the past few years, as the overlays are done the curb returns and sidewalks are addressed while working in the area.

Mr. Elko stated that he lives in the Riverside Estates and that according to the survey he doesn’t own the sidewalk, so how can the City charge him for the repair of a sidewalk that is on City property.

Rick Crabtree, City Attorney, stated that he would not answer in the abstract, but that the City would be happy to look at any particular circumstance and study it.

Mr. Nelson questioned who owned the sidewalks and was told that it was a gray area in which some were owned by the City and some by the property owner. Parcel maps obtained from the County shows that the sidewalks are on the City owned easements.

Mr. Antone stated that the department operates under the City Code and that the City is not in the habit of putting liens on properties without a public hearing process. If addresses for the properties shown in the photos can be obtained they will go to those addresses, look at them and add to the priority list.

Mayor Pro Tem Stevens stated that he would like to have an on going action plan for sidewalks in terms of repairs. He questioned if there was funds in the Transportation Funds that can be used for sidewalks.

Mr. Antone stated that any funds received from the local transportation fund account; if they are not used for transit can be used for some sort of street facility which sidewalks would be a part of. Staff would be more than happy to put together and implement some sort of sidewalk plan at the direction of the City Council.

Mayor Flynn would like to send this back to staff to address and bring back a plan to a future City Council meeting.

Mayor Pro Tem Stevens asked that when developing this plan he would like to meeting ADA requirements in regards to slope and surfacing techniques.

Mr. Antone stated that those issues are being addressed in the Land Division Standards that are currently being updated.

Ms. Price stated that staff can bring back to the City Council a staff report with options as to whether or not the Council would want this done in-house or by a CDBG Grant.

Mr. Crabtree stated that there is no one answer and that laws can be different for every piece of property.

Ms. Price requested that specific addresses be given to the City so that staff can look at and report back with a staff report to the City Council on a sidewalk maintenance plan. She further stated that the consultant could also review the City Code and advise staff of any corrections that may need to be done.

Mayor Flynn questioned if 90 days was a reasonable length of time for staff to review.

Ms. Price stated that it would be reasonable to bring back to the City Council and that she would suggest that this may be an eligible item for a Community Development Block Grant and that it would of good use for that grant, which would be a sidewalk maintenance plan.

PUBLIC HEARING – 2004/2005 SUPPLEMENTAL LAW ENFORCEMENT SERVICES GRANT FUNDS - $100,000

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council open the Public Hearing, consider public comments, and approve the expenditure plan for Supplemental Law Enforcement Services Funds.

Mayor Flynn opened the Public Hearing at 8:23 p.m. and closed it after receiving no public comments.

M/S/C Stevens, Frey to approve the expenditure plan for Supplemental Law Enforcement Services Funds.

M/S/C Stevens, Frey to award the Traffic Control feasibility study to Omni Means of Redding/Roseville in the amount of $42,355 with authorization for staff to include the two additional work items totaling $4,504 through a contract amendment should staff deem it appropriate; and authorize the expenditure of $4,504 from the Traffic Impact Fee fund to cover the cost.

Gary Antone, Director of Public Works/City Engineer, reported that the City of Red Bluff had received notification of SR2S Grant Award. Staff has been informed that this may be the last year that these funds will be available. The projected route would be from Reeds Creek Bridge on So. Jackson Street to Spyglass, which has three (3) schools that fall within that area. The project should be bid in the summer of 2005 so that the contract could be awarded by October 30, 2005 with construction starting the following summer.

HISTORIC RED BLUFF ASSOCIATION REQUEST FOR USE OF THE BUS AND RIDE RESTROOMS

Mayor Pro Tem Stevens pointed out that this group is now going to be known as the Downtown Red Bluff Business Association. He also questioned if the association has control of the fees that are collected annually from the downtown business.

City Manager Susan Price stated that the association does have a budget that they present every year.

Gary Antone, Director of Public Works/City Engineer, gave a brief update of the request to use the Bus and Ride restrooms by the Downtown Red Bluff Business Association on 7 dates during the months of November and December. Currently the restroom facility is under contract with Para Transit, who opens, closes and cleans the restrooms after the last bus run, so the restrooms are open from 6:00 a.m. to 5:00 p.m. As part of this request the Fire Department has stated that their staff could go through and open the restrooms and a Public Works employee would be called back in to clean and lock up at the requested closing time. In the Public Works working MOU if an employee is called back in to work the employee is given a 2-hour call back and that cost would amount to approximately $808.42 for the days requested.

Linda Bullock, President HRBA, stated that in the past when promotions have been held downtown porti potties have been used and these are unsightly. But if there were a cost associated with the use then HRBA would have to reconsider.

Mayor Flynn stated that he felt that if the City can open these restrooms then the City should as there is nothing more frustrating than being in a strange town looking for a public restroom.

Mr. Antone stated that as part of the downtown demonstration project public restrooms are planned in the City owned parking lot.

M/S/C Frey, Stevens that the City of Red Bluff will absorb the personnel cost of opening, closing and maintaining the restrooms for the remaining dates requested in November and December 2004.

M/S/C Stevens, Frey to accept the Airport Commission’s recommendation and adopt the FAA/DOA FY 2006-2010 ACIP list and authorize staff to submit the project list for programming.

CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002

1. RESOLUTION NO. 64-2004 McGLYNN POOL APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z’BERG-HARRIS NONURBANIZED AREA NEED-BASIS PROGRAM

2. AUTHORIZATION TO SET UP A RESERVE ACCOUNT TO MEET THE PROGRAMS MATCHING FUND REQUIREMENTS

1. Adopt Resolution No. 64-2004 McGlynn Swim Pool approving the application for Grant Funds for the Roberti-Z’Berg-Harris Nonunbanized Area Need-Basis Program.

2. Authorize and direct staff to set up a Swim Pool Reserve Account of $35,000 for the next two budget years of 2005-2006 and 2006-2007, for a total of $70,000 in matching funds.

CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002

1. RESOLUTION NO. 65-2004 DIAMOND SKATEPARK PROJECT PHASE II APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z’BERG-HARRIS NONURBANIZED AREA NEED-BASIS PROGRAM

2. AUTHORIZATION TO SET UP A RESERVE ACCOUNT TO MEET THE PROGRAMS MATCHING FUND REQUIREMENTS

1. Adopt Resolution No. 65-2004 Diamond Skatepark Project Phase II approving the application for Grant Funds for the Roberti-Z’Berg-Harris Nonunbanized Area Need-Basis Program.

2. Authorize and direct staff to set up a Skatepark Reserve Account of $35,000 for the next two budget years of 2005-2006 and 2006-2007, for a total of $70,000 in matching funds.

Susan Price, City Manager, stated that she and the Planning Director Charlie Mullen would be attending the HRBA meeting on Wednesday morning.

Mayor Pro Tem Larry Stevens wished staff and everyone in the audience a Happy Thanksgiving and holiday season.

There being no further business Mayor Flynn adjourned the meeting at 8:47 p.m. to December 7, 2004, at 7 p.m., Red Bluff City Council Chambers.