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RED BLUFF

CITY COUNCIL

ADJOURNED MEETING MINUTES

DATE OF MEETING: November 15, 2005

TIME OF MEETING: 6:00 p.m. Closed Executive Session

7:00 p.m. Regular Adjourned Meeting

PLACE OF MEETING: RED BLUFF COUNCIL CHAMBERS, CITY HALL

555 Washington Street

Councilmembers Present: Andy Houghton, Mayor

Wayne Brown Mayor Pro Tem

Forrest Flynn

Daniel Irving

Larry Stevens

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Gloria Shepherd, City Clerk

Gerry Gray, Division Chief

Paul Nanfito, Police Captain

Charlie Mullen, Planning Director

Margaret Van Warmerdam, Finance Director

J D Ellison Sr., Building Director/Official

Nik Reikalas, Parks and Recreation Director

Tessa Pritchard, Human Resources Director

Mark Barthel, Interim Public Works Director

Scot Capilla, Police Lieutenant

Lieutenant Scott Capilla led the Pledge of Allegiance at the request of Mayor Houghton and the assemblage joined in.

TWO ITEMS FOR CONSIDERATION HAD BEEN BROUGHT TO THE CITY COUNCIL’S ATTENTION FOR IMMEDIATE ACTION BY THE CITY COUNCIL. THESE ISSUES AROSE AFTER THE COMPLETION AND POSTING OF THE CITY COUNCIL AGENDA AND CAN BE ADDED TO THE AGENDA BY A MINIMUM 4 OUT OF 5 VOTES OF THE CITY COUNCIL.

M/S/C Brown, Flynn to approve adding the item at the end of the Current Business

2. CLOSED 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.

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

CLOSED 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.

Mayor Houghton presented the Proclamation to Michel Griffin, proclaiming 2005 the 120^th Anniversary of the Daily News and was given in appreciation for the service they provide of continuous public service to the community by reporting activities of government, business, and community events.

Michael Griffin thanked the City and invited everyone to attend the Celebration party being held next Tuesday, November 22, 2005 from 4:00 pm to 7:00 pm at the Red Bluff Daily News Office.

M/S/C Flynn, Brown to remove items # 9 & # 14 for discussion and approve the remainder of the Consent Calendar.

RATIFY/APPROVE OCTOBER PAYROLL CHECKS NUMBERS 18733-18841; OCTOBER PAYROLL DIRECT DEPOSIT NUMBERS 6731-6909

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); SINGH GURMIT KHINDA (APPLICANT/OWNER)

APPROVAL OF THE ON-CALL ENVIRONMENTAL CONSULTING FIRM OF HANOVER ENVIRONMENTAL SERVICES, INC. TO PREPARE AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED MONTEBELLO ESTATES RESIDENTIAL SUBDIVISION (TTM-05-1007); MONROE AVE./HIGHLAND BLUFFS DR.

RATIFICATION OF MISCELLANEOUS UNIT MEMORANDUM OF UNDERSTANDING – JULY 1, 2005 – JUNE 30, 2008

WILLOW CREEK SUBDIVISION UNITS 4 & 5, ACCEPTANCE OF IMPROVEMENTS, RELEASE OF SECURITY AGREEMENT

INFORMATIONAL UPDATE – KIMBALL CROSSING APARTMENT PROJECT – 03-HOME-0690

PRE-AUTHORIZATION OF LETTER TO BE SENT, REQUESTING BURN DUMP INFORMATION FROM STATE AUTHORITY

J D Ellison Sr., Building Director/Official, reviewed the staff report and gave staff’s recommendation that the City Council approve the letter, in the form presented, and letter be sent to the “State of California Regional Water Control Board” for the appropriate response.

It was recommended that the letter be sent in order to start processing on this City property as soon as possible to get the process started and continue to look for grant funding.

M/S/C Brown, Irving to approve the letter and authorize it to be sent to the State of California Regional Water Quality Control Board.

TOT LOT LAW, CALIFORNIA HEALTH AND SAFETY CODE 104495 RESOLUTION NO. 81-2005

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 81-2005 and post City Park signs with “Smoking is prohibited within 25 feet of playgrounds and tot lot areas/swimming pools”.

Tina Zastrow with the Friday Night Live Program and Susan Murphy thanked the City Council for reviewing this and asked that they approve putting up signs in the Community, as it is currently a State Law.

Councilmember Stevens suggested adding this phrase on agreements or permits for private groups who use the areas.

Nik Reikalas, Parks and Recreation Director, appreciated this idea and agreed to incorporate it into the Resolution.

M/S/C Stevens, Irving to adopt Resolution No. 81-2005 and post City Park signs with “Smoking is prohibited within 25 feet of playgrounds and tot lot areas/swimming pools”.

COMMUNITY/SENIOR CENTER FACILITY WAIVER REQUEST FROM THE RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council provide direction to staff regarding the fee waiver request from the Red Bluff Joint Union High School District for use of the Community/Senior Center not to exceed nine (9) meeting dates and the preparation of a joint use agreement with the High School for future City Council action.

Kathy Wheeler, Superintendent of Red Bluff Joint Union High School, thanked City Manager Susan Price, for putting this Joint Use Agreement on the agenda, and explained that they need to work together and make this available to the students.

Bill Goodwin, Chief Administrator of Tehama County, explained that this is a jointly operated facility between the County and the City and was concerned about the equity for the County. He strongly urged the City Council to not waive these fees.

Lamar Bayles commented that he did not see an equity issue and stated that volunteers would help with the clean up.

Ron Clark, DDS, spoke about the good that the Community Center has done for the City and that this is an example of benefits for the community and opposed using it like a rental.

An agreement with the County to either buy in or buy out may be needed before a decision could be made.

M/S/C Stevens to create a development agreement to be brought back the City and the County along with a methodology be recommended on how to determine the charging or not charging of fees are achieved.

M/S/C Brown, Stevens to table this to bring back with cost information and past use history.

COMMUNITY CENTER FACILITY USE CHARGES FOR CITY, COUNTY AND OTHER ORGANIZATION MEETINGS AND PROGRAMS

Nik Reikalas, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation that the City Council provide direction to staff regarding waived/free rental rates for City, County and other organizations meetings and programs held at the Community/Senior Center.

Charles Jackson, representative of the Swinging Square Dance Club, expressed his appreciation to Dr. Clark and Ben Sale for their efforts in providing the facility. He thanked the City for the consideration of the waiver.

Eugene Pixley, member of Tehama County Band, requested that the City consider the waiver for this 121-year-old band that brings money into the community with its two yearly dance events.

Sherry Compton Freideman, band member, requested that the City Council consider this waiver of the band from the perspective of 3-generation family band members, as they have been a fixture in the City since 1863.

Rose Zastrow, Community Care Specialist for Passages, for the last 11 years and have used the Red Bluff Community Center since it was built, for meetings and to train their staff free of charge.

Bill Goodwin, Chief Administrator of Tehama County, explained that the issue is complicated and the reason for the initiation of a new Community Center Management Agreement with new dialogue about the fee structure with more consistency and rules in place.

Ron Clark, DDS, felt that this was not a complicated issue, but a quality of life issue and a way of life for the citizens.

Lamar Bayles commented on memories of Goldie Walston with her seniors who started this idea for a Community Center.

Steve Piffero, concerned citizen, mentioned that the events he held at the Community Center were cleaned up by volunteer students and staff who donated time.

City staff has helped with the setup in order to make sure it has been done properly at many events.

You can differentiate between users as long as there is a rationale basis for doing so with a legitimate reason and the City Council has discretion to set public policy and make these decisions without being arbitrary.

M/S/C Irving, Flynn to move forward with a Joint Management agreement with the County, including a standard criteria for fee reductions and waivers and maintain existing groups conditions until the agreement is adopted.

BUSINESS FAÇADE IMPROVEMENT PROGRAM UPDATE RURAL BUSINESS ENTERPRISE GRANT - $90,000

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to review the information presented.

Mark Nemanic, with Tri County Economic Development Corporation, commented on the clients who have expressed interest for the Façade Improvement Program.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to approve the selection of Tri-County Economic Development Corporation, to provide Economic Development Loan Services for the City’s Community Development Block Grant Economic Development Program Income Revolving Loan Account and authorize City Manager to execute a Professional Services Agreement with the firm.

M/S/C Flynn, Brown to approve the selection of Tri-County Economic Development Corporation, to provide Economic Development Loan Services for the City’s Community Development Block Grant Economic Development Program Income Revolving Loan Account and authorize City Manager to execute a Professional Services Agreement with the firm.

SACRAMENTO RIVER DISCOVERY CENTER LETTER OF REQUEST FOR ANNUAL TRANSIENT OCCUPANCY TAX FUNDING.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the request for an annual percentage of the City’s Transient Occupancy Taxes (TOT) by the Sacramento River Discovery Center.

Ben Hughes, Chair for the Sacramento River Discovery Center, requested that the City Council consider their letter that explains that they are a part of the community for the last 10 years whose primary interest is education. Their efforts bring people to the community and are looking for a stable funding base. They are a part of the tours and activities of the County that are expected to grow in the future. The grants are getting hard to find and they are making requests each year to support keeping the doors open until they can access further funding.

It might require a 4/5^th's vote to allocate a part of the Transient Occupancy Tax.

Scott Soder emphasized the intent to generate about 50,000 visits per year and that this is a joint venture project that will bring people into the community and overnight stays and restaurant use.

M/S/C Stevens, Flynn to refer availability of funds to be used on this project to determine whether to put out to the community to access TOT dollars & refer back to staff for a policy & format to use to determine method through Finance to monitor.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to that the City Council confirm the appointment of City Councilmembers Forrest Flynn and Larry Stevens as Ad Hoc Committee members to participate in Citizens Review Committee and City staff’s continued review of the Development Impact Fee Study and provide direction to staff regarding times and dates for Committee meetings.

Bill Moule expressed concern about structuring these meetings and was willing to meet earlier and with 3 or 4 meetings and invited City Councilmembers to sit in.

M/S/C Flynn, Irving to have City staff and the Ad Hoc committee meet without City Councilmembers.

RESOLUTION NO. 82-2005 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING WATER RATES

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 82-2005 – A Resolution of the City Council of the City of Red Bluff Amending Water Rates with either Option 1 or Option 2 four year phase in of the water rate increase.

Option 1 would give 20% across the board and Option 2 starts at 14% and increases to 20% the last year.

Mark Eidman, Manager of the Tehama District Fair, was concerned that his bill would go up 500% for the big user and a 300% for the small user and asked the City Council to reconsider.

City Council discussed their concern over the structure of the water rate scenario.

There is the type of scenario to choose and the Capital Recovery Issue to be considered.

These rates Options 1 & 2 will be based on the use. Part of the borrowing requires that you have the rates to pay it back.

M/S/C Irving, Flynn to agenize for a reconsideration of the Water Fees with the reconsideration narrowly focused on a straight percentage reduction and not upon any other issue.

Donna Gordy, City Treasurer, commented that the extension of the rate increase over 8 years instead of the 4 years would not recover anything for the Capital expenditures and if they have to go out for a loan, they will not be a good credit risk because they don’t have the rate increase in place to cover the existing loans and the replacement of the infrastructure. It will be 7-8 years before any monies come in to cover any costs to repair the existing system and the City is going to get caught financing a loan and the interest on that loan is going to be on a high credit risk rate and may cause increases on water rates later if they aren’t addressed correctly now.

A straight percentage reduction would be a conservation rate schedule with no volume and would reduce the amount over a longer period.

ORDINANCE NO. 966 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTER 24 OF THE CITY MUNICIPAL CODE -- WATER

Susan Price, City Manger, reviewed the staff report and gave staff’s recommendation that the City Council waive the first reading and introduce Ordinance No. 966 – An Ordinance of the City Council of the City of Red Bluff Amending Chapter 24 of the City Municipal Code – Water.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council:

PARCEL MAP TIME EXTENSION REQUEST; TENTATIVE PARCEL MAP 02-32; RESOLUTION NO. 78-2005; 525 WILLOW STREET; CHUCK METRO

Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the City Council adopt Resolution No. 78-2005 approving a one-year extension to Tentative Parcel Map 02-32 with the Findings and Conditions of approval shown in Resolution No. 78-2005, and thereby making the expiration date November 15, 2006.

M/S/C Flynn, Stevens adopt Resolution No. 78-2005 approving a one-year extension to Tentative Parcel Map 02-32 with the Findings and Conditions of approval shown in Resolution No. 78-2005, and thereby making the expiration date November 15, 2006.

LEAGUE OF CALIFORNIA CITIES 2006 MAYORS AND COUNCILMEMBERS ACADEMY LEADERSHIP INSTITUTE JANUARY 11-13, 2006 – SACRAMENTO

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation that the City Council consider the attendance of City Councilmembers at the 2006 Mayors and Councilmembers Academy Leadership Institute January 11-13, 2005 in Sacramento.

Mark Barthel, Interim Public Works Director, reviewed the staff report and gave staff’s recommendation that the City Council authorize staff to proceed with the preliminary engineering with CalTrans for the bridge scour plan of action for the Baker Road Brickyard Creek Bridge.

M/S/C Irving, Flynn to approve the authorization to proceed with the preliminary engineering.

Councilmember Irving mentioned the negative effect of the major medical waste facility and that the County actively solicited for this company leaving the City out of the loop. He questioned how this happened and felt that it was due to the Health and Safety Code that allows a 35% representation of Air Pollution Control District. The City opted out of this membership of the governing board many years back and he suggested that they propose they agenize this issue on how to gain membership on this issue. The January 3^rd meeting would be a good time to agenize this matter.

At 9:50 p.m., Mayor Houghton adjourned the meeting to December 3, 2005 at 7:00 P.M., in the Red Bluff City Council Chambers.

Lieutenant Scott Capilla led the Pledge of Allegiance at the request of Mayor Houghton and the assemblage joined in.

s/b Gloria Shepherd, City Clerk