Untitled

RED BLUFF

CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: April 5, 2005

TIME OF MEETING: 7:25 P.M.

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL

Councilmembers Present: Andy Houghton, Mayor Pro Tem

Wayne Brown

Russ Frey

Forrest Flynn

Councilmembers Absent: Councilmember: Larry Stevens (absent)

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

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

J D Ellison Sr., Building Director/Official

Gary Antone, Public Works Director

Nik Reikalas, Parks & Recreation Director

Andrew Christ led the Pledge of Allegiance at the request of Mayor Pro Tem Houghton and the assemblage joined in.

CITIZEN’S COMMENTS

John Elko, concerned citizen, requested that Item # 11 be pulled from the Consent Calendar for discussion.

Mayor Pro Tem Houghton announced that the City Council had met in Closed Session negotiation with Susan Price, City Manager, for her annual evaluation and had given her a 6% increase in her salary.

Councilmember Frey read the proclamation that recognized Sydney Lindauer for her involvement in community activities and her news article contributions for the Red Bluff Daily News over the years and also expressed that she will be greatly missed.

Her son thanked all of the good friends over the years on behalf of his mother, and thanked the City Council for the appreciation of his mother who always enjoyed what she did.

Councilmember Brown read the Proclamation that proclaimed April 2005 National Autism Awareness Month in an effort to help to understand the severely incapacitating lifelong developmental disability and the ongoing efforts to advocate for the rights, humane treatment, and appropriate education of all persons with Autism.

Councilmember Flynn read the Proclamation proclaiming April 15-17, 2005 the 84^th Annual Red Bluff Round-Up Week as the community enjoys the Annual Rodeo and numerous other local events by urging all to “dress western” in the true western spirit.

Mayor Pro Tem Houghton read the Proclamation that proclaimed April 10-16, 2005 Police Communications Dispatchers Week in honor of the local and county public safety communications centers that receive calls. There was also appreciation expressed for all that the dispatchers provide with their efficient coordination of emergency services to ensure health and safety to our community.

Police Lieutenant Scott Capilla thanked everyone and accepted the Proclamation on behalf of the staff who provides the first lines of communication to the officers and the citizens during a very tough time.

A Certificate of Appreciation was presented to Venita Philbrick for her service as the City Treasurer and thanks were expressed to her for all of the contributions she had made.

Councilmember Brown requested that items # 4, #10, #11, and #14 be pulled for discussion from the Consent Calendar.

M/S/C Flynn, Frey to pull items #4, #10, #11, and #14 and approve the remainder of the Consent Calendar.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

RATIFY/APPROVE FEBRUARY PAYROLL CHECK NUMBERS 17333-17469 AND DIRECT DEPOSIT NUMBERS E5215-E5369

Councilmember Brown suggested that since we don’t currently have a City Treasurer to bring this item back to the Agenda at another meeting.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION (TCEDC)
MEMBERSHIP CONTRACT FOR ECONOMIC PLANNING AND COORDINATION SERVICES - $4,993

This annual membership is for a non-profit program that assists cities as well as providing a funding source for economic planning and coordination services.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

The Ad Hoc Committee is made up of various members to look at User Fees and to bring back recommendations to the City Council and to then hold a Public Hearing.

It was discussed whether it was a benefit or not to have Maximus Consultants present at the Ad Hoc Meetings and it was also mentioned that the consultants presented a study and not recommendations on how to best recoup 100%. Some felt the cost of having Maximus present could not be justified and felt the recovering of 100% of the user fees wouldn’t happen anyway.

The Building and Planning fees are more complex and it might be an advantage to have Maximus present for these specific meetings in order to help both parties.

Ron and Kathy Nelson, concerned citizens, questioned why there were no private citizens on the committee as had originally been planned.

John Elko, concerned citizen, also felt that it was a poor practice to omit the citizens from the Ad Hoc committees.

It was explained that the citizens who had been asked to volunteer had not been able to attend and that anyone is welcome to show up and participate or turn in names of those willing to attend. The positions of the Ad Hoc committee had been appointed by the City Council and the Ad Hoc committees were given the task of selecting their own members.

The Security is to ensure that alcoholic beverages are not brought in the back doors and to reduce mischief in the parking lots.

M/S/C Brown, Flynn to approve the Parks and Recreation Security Guard Policy Revision

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

EMERGENCY ITEM TO BE ADD TO THE END OF THE CURRENT BUSINESS – 3 MG WATER RESERVOIR AND PIPELINE PROJECT CIEDB ENTERPRISE FUND INSTALLMENT SALE AGREEMENT NO. CIEDB-B04-056 AMENDMENT

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

REQUEST TO ADDRESS THE CITY COUNCIL REGARDING GREENWASTE – AL & DOROTHY ROOT, RON NELSON, RANDY LEAK, GARY PALMER, MAX SIMMONS AND DOROTHY BONDS

The City Council heard the presentation by citizens regarding the street sweeper throwing rocks at homes and on property. Recommendations by the citizens were that the angles in the broom could be adjusted to resolve this problem and the street sweeper needs to slow down as it makes it’s rounds in the neighborhoods. There was concern that someone will be hurt or property will be increasingly damaged if nothing is done. The garbage being left in the gutters by Greenwaste is also being thrown by the street sweeper and Greenwaste had not responded to letters of concern by some citizens.

Greenwaste District Manager, Dave Vaughn, explained that Greenwaste was concerned and had visited the sites of concern and taken pictures in response to complaints. He mentioned that he would continue to open up communication and correct the problem with the street sweeper and it’s operation as well as respond individually to folks with complaints.

Citizens were concerned that the City would enter into contract negotiations with mandatory garbage when the citizens are having to deal with these kind of issues and complaints.

Chris Hurton ,Concerned Citizen, mentioned that he is pleased with Greenwaste and their fast response to detour to pick up his recycling

Kathy Bonner, Concerned Citizen, mentioned the benefit of mandatory trash and how it has cleaned up the appearance of the community. She felt it is the responsibility of the citizens to park cars in the driveway and not on the streets.

REQUEST TO ADDRESS THE CITY COUNCIL REGARDING THE CONDITION OF CITY STREETS – KATHY PATTERSON

Kathy Patterson, concerned citizen, presented pictures of concern regarding the condition of city streets. She realized that there is no quick fix for the upkeep of city roads but felt there needs to be a more effective plan in place. In 22 years her road has never been resurfaced and the potholes are a risk and the conditions are a disgrace to the houses in the neighborhood. The effect on the community is negative as a result.

Gary Antone, Public Works Director, responded that the pot hole repairs are done as needed and that the care of the roads has been rescheduled to a later date due to the State financial issues. Street repair projects will resume once a reallocation of funds are available.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s response to the street concerns. He explained that there is no reluctance on behalf of the City to complete the work, only the financial ability to perform the duties, which have been hindered on a continuing basis by the State budget crisis.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the appeal request from Ben Sale, President/Owner, Ben’s Truck Repair, Inc., for an exemption from mandatory trash collection due to self-hauling of garbage to the landfill.

Ben Sale, President/Owner Ben’s Truck Repair, Inc, explained that the 32-gallon garbage can required with the mandatory garbage does not do any good and makes no sense to have when he can’t use it. It costs him $9,220 yearly to haul garbage for his business and he requested an exemption from the mandatory enforcement of the $18 monthly fee for a can he cannot put to use.

AYES: Councilmembers: Flynn and Frey

Due to a deadlock it was recommended to bring the appeal back to a future meeting with 5 Councilmembers present.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the appeal request from Kimberly Mansfield for an exemption from mandatory trash collection due to inability to pay the cost for residential garbage collection.

Kimberly Mansfield, concerned citizen, explained that she did not have enough trash to require a container and not enough funds in her budget to afford the mandatory fee. She brought pictures of trash on her road that Greenwaste had not responded to.

John Elko, concerned citizen, mentioned that the mandatory enforcement of garbage service was an example of the City doing things against the will of the people.

Kathy Nelson, concerned citizen, also agreed that for some people the cost is out of their budget to require the mandatory garbage service.

Greg Latourell, concerned citizen, commented that the mandate included recyclables at no extra charge and that it was a benefit along with the garbage being hauled.

M/S/C Frey, Flynn to approve the appeal to mandatory garbage collection by Kimberly Mansfield.

AYES: Councilmembers: Flynn and Frey

Due to deadlock it was recommended to carry over to City Council Meeting with 5 Councilmembers present.

SERRF PILOT TEEN PROGRAM FOR VISTA MIDDLE SCHOOL STUDENTS – EXTENSION ADDENDUM

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council approve the $1,250 supplemental appropriation budget request to continue the temporary part time employee to work until June 10, 2005 so that the SERRF Teen After School program can be continued for the Vista Middle School Students.

Beth Burk, SERRF, thanked the staff for their consideration and expressed appreciation for the City Council’s consideration.

M/S/C Flynn, Brown to approve the $1,250 supplemental appropriation budget request to continue the temporary part time employee to work until June 10, 2005 so that the SERRF Teen After School program can be continued for the Vista Middle School Students.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

Charlie Mullen, Planning Director reviewed the staff report and recommended that the City Council make the necessary appointments to the General Plan Update Advisory Committee.

Ballots were provided to the City Council and upon tabulation of the ballots the following people were appointed as Regular Members to the General Plan Update Advisory Committee: James Brink and Dan Irving (Planning Commission Representatives), Andrew Christ, Greg Latourell, Lamar Bayles with Phyllis Avilla and Beth Bonner serving as alternates.

CITY CODE SECTION 19.60 CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES RESTRICTED

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council make no change to City Code Section 19.60 which restricts possession and consumption of alcohol within the City Parks and City of Red Bluff without a permit issued by the Chief of Police.

Ron Nelson mentioned that the wording should include public and not private property.

Police Chief Shamblin explained that the effort to restrict drinking throughout the City was due to drinkers congregating.

Andrew Christ, concerned citizen, explained that he didn’t want to change the code but wanted the City to allow the softball teams to have what they had before with the Adult recreation leagues having drinks after the game.

It was mentioned that some didn’t want to subject their kids and families to the belligerent behavior and language and that there had been limited calls as a result of this City Ordinance.

John Gumm, Business owner, suggested that the City can’t go into prohibition and suggested monitoring them and enforcing.

SERRF representative expressed concern for the role model that this behavior emulates to young impressionable youth that is unacceptable.

Nik Reikalas, Parks and Recreation Director,, shared a letter from the owner of Luigis Pizza offering special prices on beer and pepsi after the games in an effort to provide an option.

M/S/C Flynn, Brown to make no change to City Code Section 19.60 which restricts possession and consumption of alcohol within the City Parks and City of Red Bluff without a permit issued by the Chief of Police.

BUSINESS LICENSES FOR SPECIAL EVENTS AND SPECIAL EVENTS VENDORS WITHIN THE CITY LIMITS

Margaret Van Warmerdam, Finance Director, reviewed the staff report and gave staff’s recommendation that the City Council discuss Business License Fees for vendor booths at special events and provide direction to staff.

John Gumm, Business Owner, expressed concern that the outside vendors take money from the community, and that the local crafters are an asset to the downtown events and they spend money too. He suggested that they let the events happen without City involvement and not having big government tell us what to do.

Other comments included support of the crafters and less concern about collecting the fees while adhering to policies passed by the City Council.

Corky Cramer, Chamber President, suggested making no fees for those that are non profit events.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

ORDINANCE NO. 933 – AN ORDINANCE OF THE CITY OF RED BLUFF CONCERNING COMPENSATION FOR CITY COUNCILMEMBERS

Susan Price reviewed the staff report with the City Council and discussed Ordinance No. 933 and other related California Government Code Sections.

3MG WATER RESERVOIR AND PIPELINE PROJECT CIEDB ENTERPRISE FUND INSTALLMENT SALE AGREEMENT NO. CIEDB-B04-056; AMENDMENT

M/S/C Frey, Flynn to authorize the City Manager to execute the CIEDB First Amendment to Enterprise Fund Installment Sale Agreement CIEDB No. B04-056, dated April 1, 2004.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

At 11:00 P.M. Mayor Pro Tem Houghton adjourned the meeting to April 19, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.