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RED BLUFF

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: May 17, 2005

TIME OF MEETING: 5:00 P.M. CLOSED EXECUTIVE SESSION

7:00 P.M. REGULAR MEETING

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL

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

Nik Reikalas, Parks & Recreation Director

CLOSED EXECUTIVE SESSION – 5:00 P.M.

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.

Executive Session in accordance with Government Code Section 54957.6 for the purpose of instructing the City’s designated representative, Nickolaus and Haeg, Labor Negotiators and Susan Price, City Manager, Tessa Pritchard, Human Resources Director, regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits with the Fire Unit.

Rich Moulton led the Pledge of Allegiance at the request of Mayor Houghton and the assemblage joined in.

Dr. Ron Clark thanked the Public Works Department and Gary Antone for their help with the alley work near his business. The alley was selected for paving because Ron Clark wrote the check for it.

Gary Antone, Public Works Director, thanked Ron Clark and reminded people to remember that it is “Public Works Week” and to take time to look at the photographs in the foyer of the services provided by the fine staff that serves this Community in the Public Works Department.

Al Shamblin, Police Chief, reminded people to attend the Tehama County Police Officer’s Memorial that honors 13 officers who died in the line of duty in 2004 and a special tribute to Rel Montgomery who worked at the Tehama County Probation Department and passed away last year. The service will be held at the Bethel Assembly of God Church on Luther at 7:00 p.m. May 18, 2005.

PROCLAMATION

Mayor Pro Tem Brown read the proclamation that proclaimed the week of May 8-15, 2005 as Building Safety Week. The safety of buildings we occupy is essential to health, safety, and the welfare of citizens of the world. Through the efforts of the codes to be effective and enforced and done in cooperation with the construction industry and the administration of these health and safety standards and promotes “For a Safer Tomorrow”.

J.D. Ellison Sr., Building Director/Official, thanked everyone and especially thanked the other City Departments and for all of their support and to everyone who contributes in the City. He introduced new inspector, Ed Greigo, and explained that he just graduated from the Butte College BIT Program.

Mayor Houghton presented the Proclamation to Donna Judson who was present to accept on behalf of the many Foster Families who provide temporary homes, safety, and nurturing to our children. Foster Families need to be recognized for sharing their home and giving encouragement and hope to children and families in need.

Donna Judson thanked everyone on behalf of the many Foster Families and invited everyone to attend a ribbon tying ceremony where they will be tying a ribbon for each foster child in Tehama County to be held at the entrance of the Fair Grounds on May 23, 2005 at 11:30 am.

M/S/C Flynn, Brown to pull Items # 7, #11, #14, and #15 for discussion and approve the remainder of the consent agenda.

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

RATIFY/APPROVE APRIL PAYROLL CHECKS NUMBERS 17604-17843; APRIL PAYROLL DIRECT DEPOSIT NUMBERS 5531-5783; APRIL PAYABLES CHECK NUMBERS 48203-48491

RESOLUTION NO. 40-2005; A RESOLUTION AUTHORIZING A STREET CLOSURE FOR THE SECOND ANNUAL DOWNTOWN ART & WINE FESTIVAL

RESOLUTION NO. 41-2005; A RESOLUTION AUTHORIZING WEEKLY STREET CLOSURE FOR THE “WEDNESDAY EVENING RED BLUFF FARMERS’ MARKET”

RESOLUTION NO. 42-2005; PROHIBITING PARKING; A PORTION OF THE RED BLUFF CITY PARK PARKING AREA; SATURDAY MORNING FARMERS’ MARKET

ALCOHOL BEVERAGE LICENSE; PERSON TO PERSON TRANSFER TYPE 21 (OFF-SALE GENERAL); CONVENIENCE MARKET WITH GASOLINE; 1055 WALNUT ST.; CIRCLE 7 DAY (NAME OF BUSINESS); MALHI H. AND KULDIP SINGH (APPLICANT/OWNER)

Mayor Pro Tem Brown questioned the time stated on the item, which should have been for p.m. rather than a.m. for operation closing times.

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

ORDINANCE NO. 960; AN ORDINANCE OF THE CITY OF RED BLUFF AMENDING THE CONTRACT BETWEEN THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF RED BLUFF – 3% @50 FOR LOCAL POLICE MEMBERS ONLY

EXECUTION OF AMENDMENT OF CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF RED BLUFF – 3% @50 MODIFIED FORMULA FOR LOCAL POLICE MEMBERS ONLY

Councilmember Stevens inquired about using the van for Senior Nutrition or the Parks Department. It was explained that the maintenance issues outweighed the worthiness of the vehicle according to Nik Reikalas, Director of Parks and Recreation.

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

NEW COMPUTERS FOR DEPUTY CITY CLERK/SECRETARY TO THE CITY MANAGER AND CITY MANAGER

Councilmember Stevens questioned the decision to stay with AT&T for communications and as he was considering Cingular currently, it was suggested looking at other offers that may potentially have better service plans and more towers.

Margaret Van Warmerdam, Finance Director, explained that it was the Cities understanding that AT& T and Cingular are one company currently and that the City receives government pricing. When selecting a service they also look at each departments needs and check annually for any needed changes.

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

Ron Nelson, concerned citizen, commented on when they will be having another permit holiday. It was explained that there may be another opportunity in the future and it can be placed on another future agenda for further discussion.

Informational Only

Thanks were made to City Staff’s help on a well-attended event opened to the general public where people were exposed to the Civil War History as well as Dog Island Park. They would like to have the event again as it was a very successful with the help of the Downtown Merchants who promoted it as well.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council discuss Dog Island parking lot repairs and provide direction to staff.

Estimates of funds available for the cost estimate of repairs were presented for discussion.

M/S/C Stevens, Brown proposed that staff review what the necessary needs are, prioritize, and see if they could address some of these needs in the 2005 budget.

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 accept the resignation of Commissioner Dennis Hake from the Parks & Recreation Commission effective May 11, 2005 and direct the Deputy City Clerk to advertise this vacancy.

Councilmember Stevens mentioned that the Dennis Hake, his family, and his friends were instrumental in helping with the skate park thanks were made to him for all of his help.

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

A survey went out in the March water bills polling residents on their recycling habits with the incentive to have 3 months of free garbage service drawing for responding. There were many good comments and the results of survey showed that the use of the recycle bins were being used and indications showed that more would be using them. The used oil recycling services programs were also promoted.

PLACEMENT OF AN ITEM ON THE AGENDA AT THE REQUEST OF A MEMBER OF THE PUBLIC – CALIFORNIA COURT OF APPEAL DECISION

Richard Crabtree, City Attorney, mentioned a subject that had been discussed at the last meeting which was whether it was required that the Council place an item on the agenda at the request by a member of the public. The City Attorney at that time had advised the City Council that it was up to City Council Policy and that State law did not require placement of an item on the agenda at the request of a member of the public. Coincidentally a week later, there was a Court of Appeal Decision out of Santa Barbara that sustained that finding. In that context, it was whether an agenda item must be placed on the Board of Supervisors Agenda and the Court said no and that the Brown Act does not require that. It went a step further by indicating that there is no requirement that the County or City allow members of the public to address it on whether to place an item on the agenda. The Court concluded that the legislature has left to the public agency the task of setting its agenda without public comment. Control of the Agenda is really up to the City Council with the opportunity to provide a public comment time.

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council discuss the Draft Sidewalk Assessment/Repair/Replacement Plan and related issues and to provide direction to staff. They looked at approximately 157 addresses in town from the repair list provided by the Nelson’s. They had a general cost of about $182,000 worth of costs total and requested City Council give direction about whether to continue along this line or to consider having a Consultant come and do a Citywide assessment of everything to develop a larger program.

Kathy Nelson commented that the repair of the sidewalks is the responsibility of the City and for injuries resulting from the disrepair as well.

The City is made aware of any problem and then the issue is allowed the time to be assessed and resolved.

It was requested that the City Council consider as to where the ADA prioritization should be placed.

ADA does recognize that there are normally limited resources and that the City is to balance the cost benefits and availability of limited resources and allocating the resources where they are needed most.

The extra time put into the Public Works document was required to put it together properly and was a project well done by the Public Works Department.

It was suggested that they list the high pedestrian area first and get the requirements of ADA, sidewalk sloping, and curb cut requirements.

Information regarding treatment of private versus public property by ADA is available and can be brought back.

M/S/C Flynn, Brown to bring back for discussion from the priority list the high pedestrian areas and funding issues to be addressed for sidewalk repair.

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

M/S/C Stevens to bring back for discussion information regarding ADA specifications to be brought back for discussion on sidewalk repairs.

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

COMPUTER UPGRADE NEEDED DUE TO INCREASED ACTIVITY IN BUILDING, PLANNING, FIRE, AND PUBLIC WORKS DEPARTMENTS AND CITY OF RED BLUFF/AGE OF COMPUTER SYSTEM (DOS SYSTEM) AND COMPLICATIONS

J.D. Ellison Jr. Building Director/Official reviewed the staff report and gave staff’s recommendation that the City Council approve the supplemental budget appropriation in the amount of not to exceed $5,500 from 20-26-380-300 which contains existing revenue to cover this expenditure and approve the purchase order with Computer Logistics as per Section 2.65 (b) and (c) of the City Code.

M/S/C Stevens, Frey to approve the supplemental budget appropriation in the amount of not to exceed $5,500 from 20-26-380-300 which contains existing revenue to cover this expenditure and approve the purchase order with Computer Logistics as per Section 2.65 (b) and (c) of the City Code.

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

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council approve the hiring of a temporary employee for the Police Records Division.

M/S/C Stevens, Frey to approve the hiring of a temporary employee for the Police Records Division.

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

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s recommendation that the City Council approve the Police Department to implement a voice messaging system.

M/S/C Stevens, Frey to approve the Police Department to implement a voice messaging system.

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

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation with an update on the proposal by CalTrans to construct an additional traffic lane on I5 truck and the compliance of the oak tree mitigation program the City has in place. The City will respond with a letter that will address not being able to accommodate the planting of the large number of oak trees and CalTrans will likely implement the oak tree mitigation.

Councilmember Stevens handed out a report regarding the League of California Cities annual Legislative Action Days that he and Councilmember Frey attended, where they delivered packages to Senator Sam Aanestad and to Assemblyman LaMalfa’s staff on behalf of the City of Red Bluff.

Councilmember Frey mentioned the good relationships that Councilmember Stevens has with other important contacts.

Mayor Pro Tem Brown mentioned his first experience at a League meeting and he expressed his appreciation for being allowed to go.

Councilmember Flynn mentioned his appreciation for those who went to represent our City and for the positive influences, they have provided.

Councilmember Stevens had mentioned he previously asked for an agenda item regarding the legal expenditure of providing meals for Councilmembers in long meetings and requested it be brought back at a future time for providing direction. The City Manager responded that the agenda item was on the April 5, 2005 regular agenda.

At 9:00 P.M., Mayor Houghton adjourned the Special Meeting to May 31, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers for a Special Meeting.