RED BLUFF CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: December 21, 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: Larry Stevens, Mayor

Andy Houghton, Mayor Pro Tem

Gregg Avilla

Forrest Flynn

Russ Frey

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Gloria Shepherd, City Clerk

Tessa Pritchard, Human Resources Director

Michael Damon, Fire Chief

Al Shamblin, Police Chief

Venita Philbrick, City Treasurer

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

J D Ellison Sr., Building Director/Official

Gary Antone, Public Works Director

JB Stacy led the Pledge of Allegiance at the request of Mayor Stevens and the assemblage joined in.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: One potential case. Government Code Section 54956.9

There was a consensus of the City Council to give direction to the City Attorney on potential litigation.

Vi Gilbert, Community Center Administrative Assistant, commented on last Friday night’s retirement party for Robb Gibbs, Parks and Recreation Director. She praised Robb Gibbs for his superior direction of the Community Center. She felt that remarks made by the Susan Price, City Manager regarding his evaluation, at the Friday night retirement party were inappropriate and that Robb Gibbs and his family are owed an apology from the City Manager and hoped that the City Council would take appropriate disciplinary action. She also mentioned her recent resignation with the City of Red Bluff that she submitted on November 23, 2004. She said that it was a great opportunity to work for the City in a very demanding position. She suggested that the City Council look closely at an interoffice memo sent April 4, 2003 from Robb Gibbs to Susan Price regarding a request for a reclassification of her position at the Community Center. This memo was never responded to and she felt that the position requires a workload that needs to be reviewed for the benefit of the future of the Community Center. She supplied copies of the memo for the City Council Members.

Mayor Stevens thanked Vi Gilbert for her service to the City of Red Bluff and commented that having worked at the Community Center he appreciates how hard everyone works at the Community Center.

Susan Price, City Manager, requested an opportunity to respond when appropriate.

Kathy Nelson, Concerned Citizen, discussed the drainage problems on Walbridge Street between two properties where the City uses a “french drain” for the solution and she feels it is not a part of the original landscape. She mentioned that other similar drains are causing sidewalk problems from this style of drainage.

Susan Price, City Manager, wanted the audience to know that the City had given a very nice retirement dinner for Robb Gibbs that had been a roast of sorts where there had been a lot of joking and a lot of tales by a number of speakers and staff. She apologized if there was anything that someone found offensive. She explained that it had been very important to enumerate at the event all that Robb has done for the City including the pool and the Skate Park he worked on along with a number of other projects. She also mentioned his support for the City and his staff and wanted the public to know that it was a very positive evening for Robb Gibbs. The City is very sorry to see him retire and the intent had been to thank him for his service to the City and she again apologized for any remarks that may have been found offensive.

Debbie Gibbs, Robb Gibbs wife, read a letter to the City Council that mentioned the 30 years her husband had worked for the City of Red Bluff providing the best possible services to enrich lives with an upbeat, light-hearted approach to all aspects of his work, even during difficult times. His one wish was to end his career on a positive note and the retirement dinner provided that opportunity on the night of December 17, 2004. Comments made by the City Manager, Susan Price, mentioned his evaluation, which was believed to be confidential and negative comments to his performance that embarrassed his family and friends in attendance. She wanted to bring this matter to the City Councils attention to ask that they take appropriate disciplinary actions for the inappropriate behavior and requested a public apology by the City Manager and requested a response from the City in the near future. She provided copies of her letter to the City Council.

Susan Price, City Manager, requested to respond briefly. She explained that three Councilmembers were in attendance at the retirement dinner that included Mayor Stevens, Councilmember Russ Frey, and Councilmember Andy Houghton. She spoke highly about the positive things that Robb had done for the City and numerous projects he worked on and that the City was very lucky to have Robb Gibbs. She again apologized for anything that people felt was offensive and was not certain what was meant by “publicly humiliating him because of his performance.” Vi explained that it had been the reference to his getting a C on his evaluation that had been humiliating. Susan Price explained that this had not been a confidential personnel comment and that evaluations are not done on letter grades and that the City has a different system of evaluation and none of that had been made public. Susan Price, City Manager, then told the City Council that she appreciates the strong support of Robb Gibbs. She explained that in no way were the accusations about her comments true and that it was a beautiful evening and she was sorry to hear that someone felt it wasn’t and that she would never do something inappropriate in that fashion.

Kathy Nelson, Concerned Citizen, spoke again to the sidewalk issue on Breckenridge Street asking how to go about stopping the “french drain” plans by the City.

Mayor Stevens explained that it would be referred to the Public Works Director and staff and that they will be in contact with her about their response.

Susan Price, City Manager, commented on the memo that had been referenced by
Vi and that it had been discussed with the Human Resource Director who she believed then discussed it with Robb Gibbs. Those kinds of recommendations are discussed and some are covered by the Union and have to go through a particular process to be evaluated and that she believes that the appropriate processes had been undertaken. Some people are not happy with those results but the City has to go according to what is appropriate and what is appropriate legally.

Gary Antone, Public Works Director, responded to Kathy Nelson’s comments about the two different properties that belong to two different parties and she is not the owner of either of these properties and that the City is working towards a resolution with those two property owners. So not being an owner the City doesn’t have an obligation to discuss it with her, as it would not it be proper.

Kathy Nelson explained that it was at the request of these owners after she had shown them the potential problems of the drainage that she was trying to be a part of the resolution.

Mayor Stevens presented Councilmember Avilla with a Certificate of Appreciation for all he has done for the City Council and for the City of Red Bluff and wished him well with his new endeavors and with his new job on the Tehama County Board of Supervisors.

Councilmember Avilla thanked everybody and particularly Susan Price for all the advice and help given to him. He explained that coming into this as a farmer and an educator he had been educated by the City Staff to the Municipal Government and all that goes on in the City. He has always tried to do the right thing and is looking forward to being on the Board of Supervisors and new challenges. He thanked the citizens of Red Bluff and Tehama County and encouraged them to get involved with the City Council.

Mayor Stevens presented a Certificate of Appreciation to JB Stacy on behalf of the Kiwanis Club of Red Bluff. About six years ago the Kiwanis Club took over the Children’s Christmas Festival Project that services the young people of the community by giving them gifts and an opportunity to play games. The Kiwanis work all year long in preparation for the Christmas event along with the staff of the Community Center and a lot of volunteers and this appreciation was formally given in recognition of their efforts.

J.B. Stacy, Kiwanis Club President, thanked the City Council on behalf of the Kiwanis Club and encouraged the community members to get involved in a club of choice.

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

RATIFY/APPROVE NOVEMBER PAYROLL CHECKS NUMBERS 16937-17073; NOVEMBER PAYROLL DIRECT DEPOSIT NUMBERS 4695-4885; NOVEMBER PAYABLES CHECK NUMBERS 46718-46971

APPROVAL OF SOLE SOURCE HIRING OF AN ENVIRONMENTAL CONSULTANT (ENPLAN) TO PREPARE CEQA AND NEPA DOCUMENTS REQUIRED IN THE USE OF CDBG FUNDS ASSOCIATED WITH THE 56-UNIT VISTA RIDGE AFFORDABLE HOUSING PROJECT; SOUTHRIDGE ROAD; CDBG GRANT AGREEMENT NO. 04-STBG-1924

RESOLUTION NO. 71-2004 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING THE EMPLOYMENT AGREEMENT WITH POLICE CHIEF ALBERT SHAMBLIN

BUSINESS FAÇADE IMPROVEMENT PROGRAM TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION CONTRACT REVISIONS

William Goodwin, Tehama County Public Works Director, and Bill Breshears, TRAX Representative, presented the staff report and gave staff’s recommendation that the City Council:

1. Finds a need to transition the ParaTRAX Dial-a-Ride Service to ADA-Only Service effective July 1, 2005.

2. Adopt Resolution No. 66-2004 the Plan to Transition ParaTRAX Dial-a-Ride Service to ADA-Only effective July 1, 2005.

Appreciation was made to those who helped to come up with a plan that would move Para TRAX to an ADA Only system. Much Community involvement helped them to move to the next step to find a need to transition to ADA Only Service by adopting Resolution No. 66-2004.

Mayor Stevens thanked everyone for providing this service to the Public, as he is an appreciative user of this system.

M/S/C Flynn, Avilla to adopt Resolution No. 66-2004 to Transition ParaTRAX Dial-a-Ride Service to ADA-Only effective July 1, 2005.

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

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council review the Annual BID Report and accepts it as submitted or modify any particular portion of the report.

The City did not receive any protests to the Annual Report and Mayor Stevens showed appreciation to staff for promoting local businesses and for their creative ideas and projects.

M/S/C Flynn, Frey to accept the Annual Financial Reports for the Fiscal Year ended June 30,

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

PRESENTATION AND ACCEPTANCE OF THE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDED JUNE 30, 2004

Nystrom & Company LLP was contracted for three audits that included a Community Center Audit and all had clean opinions and no findings as presented by Rob Griffiths of Nystrom and Company. A couple of issues were reported to management that was given to help strengthen the City in a couple of areas. Thanks to all the staff for their help was given.

Susan Price, City Manager, mentioned that the Audit of the Community Center had not been done since 1995 and the City will be sending Tehama County a copy of the Audit for their information.

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

Ron Nelson presented his efforts to talk to City Staff about changes to Animal Control Regulations. He is not asking to change ordinances but for a restatement or clarification of the definition found in the zoning for pets and livestock in Red Bluff and that the City replace the characterization or some type of amendment to definition to the 1961 City Code paragraph (25.25.60). The number of chickens that a city resident can own per household is the main concern and they would like the amount of 12 allowed to be reconsidered.

Kathy Nelson presented the options to change an Ordinance provided to them by City Staff. She read the definition of a Grandfather Clause that exempts people from an existing system and she explained that they currently have a neighbor who raises chickens, who presently do not have any chickens.

Mayor Stevens asked the City Attorney to clarify whether the subject needs to go before the Planning Commission or if that proposal has changed

Richard Crabtree, City Attorney, explained that the proposal has not changed and that he is prepared to address several issues with the Council after the close of the public comment in order to not get into a dialogue or debate.

Ron Nelson closed by requesting the City Council look to the recommendation for the clarification of the definition and to vote on that to clarify the number of what may be considered pets.

Gerry Wilson and his son, own and raise chickens in the City of Red Bluff and commented that the original ordinance was probably not written for pets but designed for the home owner to supply his family with fresh eggs. He also mentioned that the current law allows 4 H kids who want to raise animals to try chickens or rabbits. Their coop houses eight hens and by clipping their wings they aren’t able to leave their fenced backyard. The droppings and litter are good for their yard and garden and help to cut down on the use of commercial fertilizers. Chickens reduce their garbage by eating the vegetable scraps. “Chickens are a safe form of bug control and the only sound is the cackle to announce the arrival of a new egg and a soft cluck when they have some visiting to do.” The family enjoys many evenings with a cup of tea listening to their hens and watching them do busy work and it’s very relaxing. Chickens are great pets and he suggested that they deal with the problem and not punish the innocents.

Richard Crabtree, City Attorney, mentioned that if the Council wants to proceed with the possibility of amending the Zoning Ordinance that it would have to be referred to the Planning Commission for their comments. This is due to the unique requirement by the Zoning Ordinance to be run first by the Planning Commission. The Planning Commission is then required to hold a public hearing, entertain comments and make recommendations to the City Council. A full public hearing gives everyone notice about the proposed changes and an opportunity to comment. He also mentioned that with the City being able to write it’s own code they could write the grandfather clause to work any reasonable way they want it to. He pointed out that Kathy Nelson had read a definition of the term and her reference is not a law and the ordinance could be written to function, as the City wanted it to. This could be set up so that people with current pets if they exceeded the new limit could keep their pets but not replace them as they pass on. There are a number of ways to ferret out the rule and the ways it would impact the City. He recommended that the City Council refer it to the Planning Commission if the City were interested in further pursuing the zoning amendment proposed by the Nelsons.

Councilmember Flynn was concerned about how much of a problem really exists that this change in the Ordinance would help.

Charlie Mullen, Planning Director, explained that it’s more of an enforcement issue and the City can use it as a nuisance abatement issue. The City can take the process on to set it in motion or the Nelson’s can submit a formal application for a text amendment.

Councilmember Avilla commented on the issues in the past dealing with the process of hiring an animal control officer and how funding the position was a problem. Changing the rules without someone to enforce them was something to consider.

Al Shamblin, Police Chief, explained that the three Community Officer’s duties include animal control when they arise. The amount of complaints that have been made have not been a lot.

Mayor Stevens passed the original letter from the Nelsons to Susan Price, City Manager, for additional information for the Planning Committee.

M/S/C Frey, Flynn to refer this issue to the Planning Commission for Public debate on maximum number of animals that can be kept in an R1 zone with a basic formula presented by the Planning Director.

AYES: Councilmembers: Avilla, Flynn, Frey and Stevens

Venita Philbrick, City Treasurer, reviewed the staff report and gave staff’s recommendation to accept the report for the month of September 2004.

Venita Philbrick, City Treasurer, commented on why the September report is being seen on the last meeting of the December Agenda. The Annual Audit required the Finance Departments time on a very well done Audit. In that process some routine activities backed up and the October and November packets were just received and the effort will be made to continue to get the monthly reports to the City Council in a more timely manner.

Susan Price, City Manager, suggested putting together a schedule for the future.

Councilmembers Avilla and Frey commented that in the past most reports run behind and that recently most reports have been submitted up to date and he commended her and the Finance Department for that.

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

RESOLUTION NO. 70-2004 – ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY

Venita Philbrick, City Treasurer, reviewed the staff report and gave staff’s recommendation to adopt Resolution No. 70-2004 adopting the Annual Statement of Investment Policy.

Venita Philbrick, City Treasurer, noted changes to two Government Codes that read the City Treasurer “may” submit instead of the previous wording “shall” submit. She still recommends the preparation and adoption in a public meeting annually by the City Treasurer.

M/S/C Avilla, Frey to adopt Resolution No. 70-2004 adopting the Annual Statement of Investment Policy.

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

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to:

Mayor Stevens opened the Public Hearing at 8:14 p.m and hearing no comments closed the Public Hearing.

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

M/S/C Frey, Houghton to waive the first reading and introduce Water Conservation Ordinance No. 956.

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

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to award the City Hall/Fire Department flooring bid to Red Bluff Interiors in the amount of $35,226 and authorize a supplemental appropriation of $5,384 for Fund 25 and $9,942 for Fund 23.

Carpets have been repaired with tape in areas and there is a real necessity for this flooring and costs will go up after the first of the year.

M/S/C Houghton, Flynn to award the City Hall/Fire Department flooring bid to Red Bluff Interiors in the amount of $35,226 and authorize a supplemental appropriation of $5,384 for Fund 25 and $9,942 for Fund 23.

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

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to discuss the Community Center flooring issues and direct staff accordingly.

Red Bluff Interiors were the only bidders who were willing to work with this particular manufacturer.

M/S/C Houghton, Frey to direct staff to work with Finance on pricing and to move forward on obtaining the Community Center flooring and direct staff accordingly and put into final budget.

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

Councilmember Houghton mentioned his appreciation to have worked with Gregg Avilla and to thank him for all he has learned from him and for having gotten acquainted with him. He wished him well in his new position.

Susan Price, City Manager, thanked Gregg Avilla for his service and for his efforts to get perspectives on what was presented on the agendas.

Councilmember Flynn thanked Gregg Avilla for his service and welcomed a deserved round of applause.

Mayor Stevens expressed appreciation for having worked with Gregg Avilla and commented that he had certainly proven himself with the City and that the County is lucky to have him.

Mayor Stevens mentioned attending a Transportation Committee Meeting and that the January meeting will not be held due to reorganizations of the various Cities and the County who make up that board and the next meeting will not be held until February.

Councilmember Frey praised and thanked Gregg Avilla for his service with the City.

Councilmember Gregg Avilla thanked everyone and will miss working with the City and mentioned how proud he is to call Red Bluff his home and for the great City staff that we have.

Mayor Stevens wished everyone a happy holiday season and explained that he believed that it wasn’t the intention of the City Manager to offend the Gibb’s family and hoped that Robb’s retirement would be a joyous conclusion to a wonderful job done.

At 8:35 P.M. Mayor Stevens adjourned the meeting to January 4, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.