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RED BLUFF

CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: September 6, 2005

TIME OF MEETING: 6:00 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

Larry Stevens

Forrest Flynn

Dan Irving

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Gloria Shepherd, City Clerk

Tessa Pritchard, Human Resources Director

Michael Damon, Fire Chief

Al Shamblin, Chief of Police

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

J D Ellison Sr., Building Director/Official

Gary Antone, Public Works Director/City Engineer

Donna Gordy, City Treasure

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

CITIZEN’S COMMENT

None

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 Miscellaneous Unit.

The City Council met with and gave direction to the Labor Negotiator and City Attorney regarding the above litigation and negotiations.

Mayor Houghton read the Proclamation that proclaimed the month of September as National Alcohol and Drug Addiction Recovery Month and September 17^th as Red Bluff Recovery Happens Day. Treatment and Recovery programs can improve the quality of life for individuals and for society and people were invited to participate in activities and ceremonies supporting this year’s theme, “Join the Voices for Recovery: Healing Lives, Families, and Communities.

Cynthia Cook and Susan McVean accepted the Proclamation and encouraged anyone to join them at the River Park on September 17^th from 11:00 am to 1:00 pm for a free lunch showing support of this year’s theme to be clean and sober.

M/S/C Brown, Flynn to pull items #8, & #12 and approve the remainder of the Consent Calendar.

REVISED COMMUNITY CENTER FACILITY USE APPLICATION INCORPORATING THE NEW FEE SCHEDULE

ACCEPTANCE OF GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S U.S. FIRE ADMINISTRATION 2005 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

RESOLUTION NO. 65-2005 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES – BUILDING DEPARTMENT

RESOLUTION NO. 63-2005 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING THE EMPLOYMENT AGREEMENT WITH POLICE CHIEF ALBERT SHAMBLIN

A 7% increase request has been negotiated to extend the employment agreement of the Police Chief until December 31, 2006. This is a salary increase not a cost of living increase.

PLACEMENT OF TWO DECORATIVE TRASH/RECYCLING RECEPTACLES AND TWO DECORATIVE CONCRETE BENCHES

WATER RESERVOIR AND PIPELINE PROJECT CONSTRUCTION MANAGEMENT SERVICES, CONTRACT AMENDMENT NO. 6

SAFE ROUTES TO SCHOOL PROGRAM 4^TH CYCLE 2004/2005 FY GRANT AWARD, RESOLUTION NO. 56-2005

Councilmember Brown questioned what would happen if the School Board couldn’t meet the matching funds and it was explained by the Public Works Director that the Superintendent has confirmed they will move ahead with this.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council hear the presentation on information on the Recycling Starter Kits by Mandy Kleykamp, Recycling Coordinator.

The California Department of Conservation recently offered Recycling Starter Kits to cities and counties for distribution to businesses interested in implementing recycling programs and a demonstration of the recycling bins were displayed.

SERRF PILOT TEEN PROGRAM FOR VISTA MIDDLE SCHOOL STUDENTS – APPROVAL OF 2005-2006 MOU

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council approve the $5,100 supplemental appropriation budget request to continue the temporary part time employee to work from September 12, 2005 and end on June 12, 2006 so that the SERRF Teen After School program can be continued for the Vista Middle School students.

Councilmember Stevens explained that he supports this program but asked if this wasn’t ultimately to become the financial responsibility of the SERRF program originally and wondered how many students were dropping in or if other children in the community are being ignored.

Karla Stroman, Administrator SERRF, and Beth Birk, Recreation Specialist of SERRF, explained that other K8 Schools in the County are being served. The daily numbers of students attending were 10-20. Publicizing and recruiting will provide and promote an academic enriching program. The Vista site is not an established school and there is a geographical difference in the kids that they attract versus Berrendos. They were losing money with the Vista School after school program and wanted to work at establishing it off campus and offering something different to encourage the kids to attend by working with the City towards a better program. SERRF provides the materials and supplies and the City is requested to help with this program.

M/S/C Flynn, Irving to approve the $5,100 supplemental appropriation budget request to continue the temporary part time employee to work from September 12, 2005 and end on June 12, 2006 so that the SERRF Teen After School program can be continued for the Vista Middle School students.

DRAFT SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES – PLANNING DEPARTMENT

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the separate recommendations by staff, the Chamber of Commerce, and Mayor Houghton and Mayor Pro Tem Brown for the Planning Department draft Schedule of Fees and Charges for City Services.

Bill Moule, Ad Hoc Committee Member, reviewed the recent negation of fee’s and recommendations. Originally they had agreed on 9 and went to 24 in agreement and now have 35 left to agree on. He mentioned that Councilmembers Brown and Houghton confused the issue by submitting another set of recommendations. He recommended that the City approve the Fee Schedule for the Planning Department as recommended by the Ad Hoc Committee. The Chamber and the City have always had a good relationship and it was suggested that the City absolutely has to have the local businesses as their working partners. One constant element that he stressed was that the scope of work of every department was that they needed to know a little bit about it, or otherwise the City is only putting a fee on just because they can. He claimed that charging fees was double taxation without representation. They support the Building permits, but additional fees are initiated that are unnecessary. He agreed that some fees are necessary and began to go over the fees that were to be decided on line by line.

Councilmember Irving asked that they resist going over this line by line if possible as that is how they attempted to resolve it at the last meeting unsuccessfully. He mentioned that this was why he thought the Ad Hoc Committee was formed was to have these things sorted out before the meeting.

Bill Moule explained that they were willing to sit down but at the last meeting after looking at it, the City gave a final offer without anymore negotiating.

Susan Price, City Manager, clarified that the City staff did change their position and a lot of work went into this with the first recommendation being 75% of the full costs and then moved again to a 65% and then further moved to beyond and below the 65% after much discussion on both sides. On administration of the CEQA documents she explained that the City doesn’t want to be in a position of penalizing a smaller development business and that the percentage fee rather than a flat rate would require a large environmental document to pay a proportional fee and doesn’t penalize what a smaller business would pay.

Councilmember Stevens commented on what kind of methodology was used for coming up with the dollar amounts by the Ad Hoc Committee.

Mayor Pro Tem Brown addressed the proposed percentage fees and that there should be a middle ground on the fees and that the City and the Chamber changed their positions somewhat.

Mayor Houghton explained that the flat fee would penalize the little guy and that he and Councilmember Brown had proposed a softening of the percentage fees to help both sides.

Charlie Mullen, Planning Director, addressed the CEQA Fees and encouraged that they adopt a percentage fee of 15% as that would achieve a more equitable cost recovery and is a common percentage amount that other jurisdictions use. The Flood Plain issue had considered how much staff time was put into it and with this assessment he felt that the lower fee was more appropriate. On Item # 57 there is an existing fee charge of $50 that was overlooked and he recommended that it remain.

Councilmember Stevens made a motion that of the three columns shown that they amend the agreed figure on #57 to $50 and where percentages were involved and accept the 15% and all other items whichever of the 3 columns has the lowest dollar amount that they apply the lower dollar amount.

The motion died for lack of a second because some of those columns have zeros in them.

Bill Moule commented on the abandonment of Public Right of Way fee of $1,400 that the City has declared surplus and he suggested selling it for more or giving it away.

Charlie Mullen, Planning Director, explained that there are staff time costs to process the abandonment of a Public Right Of Way and that the $1,400 is a fair cost recovery amount. Most people come to the City to initiate an abandonment request.

Councilmember Irving commented that it’s hard to ask the general public to bear the cost of private development and its being put on the back of the general public unless they charge fairly and he supported the motion.

Councilmember Flynn supported the recouping of the cost recovery for the abandonment of the right away.

Councilmember Stevens felt the fees need to be fair and equitable and that too many fees is sending a signal that there is a fee for every question.

Susan Price, City Manager, read an article about Fresno regarding low fee policy for developers that resulted in the City digging itself into a deep financial hole with a short fall of billions of dollars for streets, parks, police, and fire stations. Developer fees being far lower indicate their experience in comparison to other cities that did not lower their fees for developers. As development occurred a number of fees were not in place to help the City with its infrastructure.

Bill Moule explained that this was due to Fresno’s Development Impact fee being so low.

The Planning Development is subsidized by 68% of the General Fund and the more fees in existence then the less the Planning Department will need to be subsidized.

If the City Council undercuts these fees the general public is then paying for private development.

The Maximus Study was a study that documented data to show a 100% of City costs to undertake a service and the City cannot charge more than that nexus study.

M/S/C Brown, Houghton to accept the proposed (Tan) Column proposed by Mayor Houghton and Mayor Pro Tem Brown, to include a 12% percentage fee charge, with #57 to remain $50.

Susan Price, City Manager, reviewed the staff report and recommended that the City Council discuss an annual adjustment factor for the City’s new Schedule of Fees and Charges for City Services and provide direction to City staff.

Councilmember Irving questioned whether the business license tax is actually a fee and it was explained that it’s a tax that was grandfathered well before Prop 13 and 218.

An increase in User Fees requires the process of a Public Notice followed by a Public Hearing and this proposal means that it would automatically come back to the City Council to be set for a Public Hearing in order to consider an annual increase. Staff is not proposing changes in the other things listed and that already exist.

Tom Guttierrez asked that the City present how much each department is subsidized.

Bill Moule suggested that the City call for some kind of Ad Hoc Committee to look at the increased costs that come up and bring back a more appropriate fee than what the CPI fee proposes.

Steve Judson wanted to know how the City is going to track these fees to find out how they are doing for staff time versus cost time.

Susan Price, City Manager, suggested that the City Council direct the staff to bring back a Resolution to treat User Fees in the same fashion as all other City Fees with the CPI increase.

An annual review of these fees will not automatically raise them but will bring them to the City Council’s attention in order to review them.

M/S/C Stevens, Irving to refer to this as a Fee Review on the User Fees on an annual basis.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council discuss the InEnTec Medical Services LLC project and provide direction to staff as appropriate.

Councilmember Irving stepped down due to a conflict of interest on this item making him unable to vote on it.

Earl Wintle, concerned citizen and former Councilmember, reviewed his current stand on this item. A joint appeal was filed on August 12, 2005 with the TCACD Board that contends that the permit application misrepresented the nature of this project. They are asking questions on the evasion of public scrutiny, inadequate environmental studies and harmful emission studies. They were concerned about the poor track record, the dioxin emissions effects, as well as potential catastrophic failures. The claim is that the technology is pollution fee and they are questioning the truth of this. They are asking the City Council to authorize the City Attorney to examine their arguments and file a motion to intervene on the Cities behalf to discuss these issues.

Richard Crabtree, City Attorney, explained that this would have to happen before the September 8, 2005 Appeal Hearing, but it was explained that this meeting was purely procedural at this time.

Lupe Green, concerned citizen, has looked at all the documentation on both sides and has many questions. They are opposed to the lack of information that needs to be answered and not to the plant. The Environmental Agency defines this plasma arch technology as an incinerator and this would mandate an environmental impact report and one was not done. Support of scrutiny of this plant was requested.

Wilkie Talbert, concerned citizen, discussed his letter to the Editor voicing his concerns about the operations of this plant and InEntec’s questionable track record.

John Elko, concerned citizen, would like the City to do everything it can to block this project and send representatives to this meeting.

Richard Clapp, concerned citizen, would like the City to ask for an official look at this issue and the potential of toxic waste in our community.

Ms. Talbert, concerned citizen, commented that she was concerned about the waste being transported through our community and the training that would be required for any spills.

Richard Crabtree, City Attorney, explained that this is a project approved by the County and the normal CEQA statute of Limitations has run. If there were some permit needed by the City they would then have a responsible role of permitting authority over the project. No current application is currently pending with the City. One possible exception is that if the City is asked to accept large streams of waste water that would give the City the discretionary approval in the role of a responsible agency. Then they would have more room to try and challenge this project. CEQA does require new projects that burn hazardous waste to have an environmental impact report, but the County describes this method as melting of waste at high temperatures. The primary obstacle is that time limits have run and the appeal effort would likely be barred.

The citizens appeal before the Air District is not barred but for the City to join in it may be.

M/S/C Stevens, Brown to ask that the City Council submit a letter identifying the concerns of the potential impacts of this plant and to ask that they take a second look at this project and that the City include an offer of support of this group and their appeal and signed by the Mayor and City Manager.

ABSENT OR NOT VOTING: Councilmember: Irving (abstained from discussions due to conflict of interest)

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council review and comment on the proposed DIF facility needs list, preliminary fee schedule, and study methodology; and direct staff to prepare an enabling ordinance and resolution for action at a future public hearing.

Steve Rook and Esperanza with David Taussig Associates Inc. presented the Development Impact Fees Power Point and explained the methods for calculating the recommended fees. They showed and identified facility/capital needs of projected new development.

Hours were spent refining the impact fees to fit Red Bluff needs and a full needs list was presented by staff to project what is going to be needed in the next 20 years.

These are new development type fees that would help to fund capital improvement needs and make sure that the needs list remain current.

Tessa Pritchard, Human Resource Director, reviewed the staff report and gave staff’s recommendation that the City Council authorize the continuation of Operating Engineers Health and Welfare as the provider of City sponsored health insurance for City employees for the period beginning October 1, 2005.

M/S/C Stevens, Flynn to authorize the continuation of Operating Engineers Health and Welfare as the provider of City sponsored health insurance for City employees for the period beginning October 1, 2005.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council review the current City Councilmember assignments and determine other agency representation for the remainder of 2005.

M/S/C Flynn, Stevens to accept agency representation for the remainder of 2005 as attached.

Chief Damon reported that two Red Bluff Firefighters were sent to Louisiana to help with the Hurricane recovery and should be acknowledged upon their return.

At 10:50 P.M. Mayor adjourned the meeting to September 20, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.