Untitled

RED BLUFF

CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: May 3, 2005

TIME OF MEETING: 6:15 P.M. Closed Executive Session

7:00 P.M. Regular Meeting

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL

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

Councilmembers Present: Andy Houghton, Mayor

Wayne Brown, Mayor Pro Tem

Russ Frey

Forrest Flynn

Larry Stevens

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

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

J D Ellison Sr., Building Director/Official

Gary Antone, Public Works Director/City Engineer

Nik Reikalas, Parks & Recreation Director

CLOSED EXECUTIVE SESSION – 6:15 P.M.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Alpha Vista v. City of Red Bluff, et. al., Case No. 54170

Discussed litigation with Legal Counsel and the City Council gave direction.

Executive Session in accordance with Government Code Section 54957.6 for the purpose of instructing Susan Price, City Manager, and Tessa Pritchard, Human Resources Director, regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits with the Mid-Management Employees.

City Council gave direction to Susan Price, City Manager, regarding Mid-Management salaries, etc.

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

CITIZEN’S COMMENT

Kathy Nelson gave a formal complaint against Susan Price, City Manager, regarding items that had been requested to be on the City Agenda where she said that Susan Price has turned the wording around to where the request is not on the Agenda. When the item comes up it is limited to the wording she has used on the Agenda. Tonight there were two requests put on the Agenda that were filed in a timely fashion to be incorporated into the Agenda and instead they were put on the Agenda as a request to put them on “an” agenda.

Councilmember Flynn read the proclamation that proclaims May 2005 “Mental Health Month In Red Bluff”. Citizens are encouraged to participate in the Cities commitment to community based systems of mental health care toward an effort to raise awareness and understanding of mental health and illness by observing Mental Health Month each May.

Gerry Olson, Chairperson, explained that the Mental Health Services are sponsoring a program that is available during the month of May so that they might get input on Proposition 16, the Mental Health Services Act, that will help to add 1 million dollars to the budget after obtaining public input.

Councilmember Brown read the Proclamation that proclaims May 18, 2005 be designated as Tehama County Peace Officer’s Memorial Day. This is in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty while providing a vital public service.

Red Bluff City Hall will fly the flag at half-mast on Wednesday May 18, 2005, in honor of all peace officers killed in the line of duty.

Police Lieutenant Capilla announced that a service will be held at the Assembly of God Church at 7:00 p.m. on May 18^th with refreshments afterwards and invited everyone to attend.

Councilmember Frey read the Proclamation that proclaims the week of May 15^th – 21^st, 2005 as “National Public Work Week”. The efficiency of the qualified and dedicated personnel who staff Public Works are materially influenced by the people’s attitude and understanding of the importance of the work they perform. All citizens and civic organizations are encouraged to recognize and acquaint themselves with the issues involved in providing our Public Works.

Gary Antone, Public Works Director, recognized Mark Barthel, Assistant Engineer; John Jennings, Water Department Supervisor; Steve Bills, Wastewater Collections Department Leadworker, and Larry Weirzbicki, Street Department Electrician. There were photographs displayed of various activities going on through out the Community and will be on display in the foyer at City Hall showing their everyday work that is going on.

VETERANS APPRECIATION MONTH MAY 2005

Mayor Pro Tem Houghton, read the Proclamation that proclaimed May 2005 Veterans Appreciation Month. The people of Red Bluff have a great admiration and utmost gratitude for all the local men and women who have selflessly served their country and this community in the armed forces, in order to protect and preserve the freedoms enjoyed by our community and all Americans. All Citizens are encouraged to fly their flag for the Month of May and appreciation was made to the Benevolent and Protective Order of Elks who have been committed to support and aid of our veterans.

Alexander Bordeau, Elk’s Lodge Representative, explained how the Elks formed the first Hospital in World War I and more money was appropriated for another one in Atlantic City. The order of Elks won’t forget the veterans and he described how he had a been a World War II veteran and 60 years ago was VE Day, Victory in Europe, and armed forces day is coming up. He won’t ever forget the 30th of May as he went out under the Golden Gates for the invasion of Japan and thanks to Harry Truman they didn’t have to make it.

The City Council accepted the declination of Councilmember Frey to serve as Mayor and the Mayor Pro Tem proceeded with nominations for Mayor and/or Mayor Pro Tem.

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

M/S/C Brown, Flynn to Pull #2, #8, and #9 and approve the remainder of the Consent Calendar.

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

Councilmember Brown asked for clarification of the date on the Pie Graph for the first quarter of 2004 and should be 2005. It would be looked into and corrected if needed.

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

TERRORISM COVERAGE FOR PUBLIC ENTITY MOBILE EQUIPMENT PROGRAM JULY 1, 2005 – JUNE 30, 2006

BICYCLE TRANSPORTATION ACCOUNT GRANT SURVEY CONSULTANT, WULFERT AND COMPANY ON-CALL AGREEMENT

Mayor Pro Tem Brown asked about whether we had received the $5000 from the BTA Grant Funds and it was explained that they are provided through progress payments once the work is done.

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

BICYCLE TRANSPORTATION ACCOUNT GRANT DESIGN REVIEW CONSULTING, PACE CIVIL ON-CALL AGREEMENT

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

REQUEST TO RE-WAIVE BUILDING FEES FOR THE ROTARY CLUBS CONE KIMBALL CLOCK TOWER PROJECT

J.D.Ellison Sr., Building Director/Official, reviewed the staff report and gave staff’s recommendation that the City Council provide direction to the Building Department regarding the waiving of the fees up to $6,776.05 for the Cone Kimball Clock Tower Project.

Peter Harvey, Red Bluff Rotary Club Representative, expressed appreciation for the waiving of previous fees and the progress of the tower. The foundation permit expired and had to be reapplied for due to construction delays. With the grant money they should have enough money to proceed and asked for the waiving of fees on this community project. David Kinner, Kinner Construction, was present and available for questions.

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

Susan Price, City Manager, reviewed staff report and gave staff’s recommendation, that the City Council hear the presentation by County Transit staff and receive any public comments regarding unmet transit needs in the City of Red Bluff.

Barbara O’Keefe, County Transit Manager, provided handouts with the annual process of a flow chart of the Transportation Development Act and a copy of the definitions and how Trax is doing with ridership going up. The dial a ride also has had an upward trend.

Councilmember Frey pointed out that we have to do these things first before we get to street repairs according to the legislature guidelines.

Lillian Kenyon requested unmet transit needs for people outside of Red Bluff area near McCoy Road. It was suggested that Barbara O’Keefe would take their information and direct them on how to bring their information to the Board of Supervisor’s attention.

RESOLUTION NO. 39-2005 – A RESOLUTION AUTHORIZING SUBMITTAL OF A USED OIL 11^TH CYCLE BLOCK GRANT

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council approve Resolution No. 39-2005, A Resolution Authorizing Submittal of a Used Oil 11^th Cycle Block Grant by the JPA #1.

Alan Abbs, explained that the Block Grant helps to provide curbside collection of used oil filters in the City, a lube rack at the landfill is available, and used oil tanks spread throughout the County. They also provide Public Service announcements and have funded a recycling guide in the SBC Green pages for recycling directions.

M/S/C Flynn, Frey approve Resolution No. 39-2005, A Resolution Authorizing Submittal of a Used Oil 11^th Cycle Block Grant by the JPA #1.

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

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the appeal request from Gary Dainauskus, Owner, Precision Towing, for an exemption from mandatory trash collection due to self-hauling of garbage to the landfill.

Gary Dainaskus, Owner of Precision Towing, requested his business be exempt from mandatory garbage as the small can is not useful for his business as he self hauls his garbage to the landfill.

Mayor Pro Tem Brown explained that he did not support the Ordinance but that once it was passed there was an obligation to it, and he saw no way to pick and choose who would be exempt.

Councilmember Frey explained that the Ordinance allows people the opportunity to appeal and that it was built right into it.

AYES: Councilmembers: Flynn and Frey

REQUEST BY RON AND KATHY NELSON FOR AGENDA ITEM
CITY FORCING PEOPLE TO PAY FOR THINGS THAT THE RESIDENTS STATE ARE UNNEEDED AND/OR THEY CANNOT AFFORD

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the request to place this item on an agenda, determine the priority of the request, and provide direction to staff.

Kathy Nelson explained that when the City refuses to pay for things that are required because they cannot afford it, then the City is not compliant with the law. She claimed that the City is using a double standard by demanding that the citizens comply with mandatory garbage when they can’t afford it, but the City doesn’t fix the streets because the City can’t afford it.

Richard Crabtree, City Attorney, addressed the placing of items on the agenda issue, explaining that the Council is required by law to permit public comment at the beginning of every meeting and to permit public comment during a public hearing. The conduct of public comment is up to City Policy and there is no legal requirement that an item be placed on the agenda at a citizen’s request. The County routinely rejects citizen’s request to place items on the agenda for discussion. Both items by the Nelson’s have been addressed at previous City Council Meetings and there is not a requirement that they be readdressed to the Nelson’s satisfaction. It has been a policy of the City to place items on the agenda at the request of citizens and Council may want to give further direction regarding that policy especially while talking about things that have been brought up before.

Gary Antone, Public Works Director, will be bringing back to City Council a list of various sidewalk areas that need attention and repair. The data collected will determine costs and what the City’s responsibilities are according to policies in place and will be brought back on May 17, 2005 with recommendations and options.

John Elko thought the issue was about forcing people to pay for unneeded services they can’t afford. Since the City won’t allow the appeal process to happen due to it being a bother, then he suggested that they repeal the mandatory garbage collection.

M/S/C Stevens, Flynn to have Council direct staff to bring back sidewalk issues and various issues that create the problems and solutions for solving them in a systematic way to reduce potential liability to the City.

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

REQUEST BY RON AND KATHY NELSON FOR AGENDA ITEM
UPDATE ON CLEAN UP OF OLD CITY DUMP

Ron Nelson brought this issue up again as they have been waiting for a response to their inquiry.

Susan Price, City Manager, explained that it takes time to compile the information when so many entities are involved and they want to bring back a report that quantifies the response in written form.

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

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council authorize staff to proceed with the bid process for the Luther Road Sanitary Sewer Line Replacement Project.

The project will take approximately 45 days and it was suggested that it be put into the bid process that the patching of surfaces be fixed as close to the original quality of the street as they were before.

M/S/C Stevens, Flynn to authorize staff to proceed with the bid process for the Luther Road Sanitary Sewer Line Replacement Project.

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

WASHINGTON STREET WATER LINE REPLACEMENT PROJECT; DOWNTOWN DEMONSTRATION PROJECT

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council authorize staff to proceed with the bid process for the Washington Street DDP Water Line Replacement Project.

M/S/C Stevens, Frey to authorize staff to proceed with the bid process for the Washington Street DDP Water Line Replacement Project.

Councilmember Stevens questioned whether once this is done would it meant that they can move forward with the completion of the Downtown Demonstration Project and it was explained that it would be addressed.

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

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council considers the method of filling the vacancy of the office of City Treasurer and provide direction to staff.

The City advertised for the position and received no applications as of the date the staff report was written and has the option to hold a Special Election at the cost of about $15,000. The City had an application that was received previously when the position was open prior to this opening and also received an application from the same person again for this advertisement.

Councilmember Stevens thought that giving the public the opportunity to choose was a position that he supports.

AYES: Councilmembers: Brown, Flynn and Houghton

Councilmember Flynn asked if this could be a temporary appointment and it was explained that there is no Ordinance in place to dictate that procedure. A future Ordinance could be done that would address that possibility if the City Council should decide to.

AYES: Councilmembers: Brown, Flynn and Houghton

LEAGUE OF CALIFORNIA CITIES – SACRAMENTO VALLEY DIVISION MEETING – MAY 5-6, 2005 REDDING

Susan Price, City Manager, reviewed staff report and gave staff’s recommendation that the City Council consider the attendance of City Councilmembers at the Sacramento Valley Division meeting of the League on May 5-6, 2005 in Redding.

The City Attorney’s memo regarding City Councilmembers reimbursement of travel expenses and handicapped Councilmembers reimbursement of expenses was reviewed with the City Council. This memo, as well as the Deputy City Clerk’s memo, indicated that Councilmember Stevens could be reimbursed for expenses incurred by having someone drive him to the meeting in Redding at an estimated hourly rate of $10.00, but that the City could not reimburse a third party for meals etc.

Councilmember Stevens provided handouts to the City Council to help them better understand the process at these meetings

M/S/C Flynn, Frey to approve the attendance of City Councilmembers at the Sacramento Valley Division meeting of the League on May 5-6, 2005 in Redding.

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

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

AYES: Councilmembers: Brown, Flynn and Houghton

ABSENT OR NOT VOTING: Councilmembers: Stevens and Frey (Both Abstained – absent from meeting)

Susan Price, City Manager, mentioned the restoration of Proposition 42 funding for Cities and that a letter will be prepared right away in regard to this.

Councilmember Stevens mentioned that on April 7^th, he had been at Area 2 Board Meeting in Mt. Shasta about a young autistic man in question in their service area and he provided information for training police with autistic individuals.

Mayor Pro Tem Brown attended all the special events over the weekend and enjoyed them. He also wanted to know if the City Manager’s performance goals had been addressed and was told that it would be on the June 7, 2005 agenda meeting.

Mayor Houghton thanked the City Council for electing him Mayor and that he will help move the City forward.

At 9:00 P.M. Mayor Houghton adjourned the meeting to May 17, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.

CITIZEN’S COMMENT

VETERANS APPRECIATION MONTH MAY 2005

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

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

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

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

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

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

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

AYES: Councilmembers: Flynn and Frey

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

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

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

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

AYES: Councilmembers: Brown, Flynn and Houghton

AYES: Councilmembers: Brown, Flynn and Houghton

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

AYES: Councilmembers: Brown, Flynn, Frey and Houghton

AYES: Councilmembers: Brown, Flynn and Houghton

s/b Gloria Shepherd

City Clerk