SUSANVILLE CITY COUNCIL SUSANVILLE COMMUNITY DEVELOPMENT AGENCY SUSANVILLE MUNICIPAL ENERGY CORPORATION SUSANVILLE PUBLIC FINANCING AUTHORITY Regular Meeting Minutes September 7, 2011 6:00 p.m. City Council Chambers 66 North Lassen Street Susanville CA 96130 Meeting was called to order at 6:00 p.m. by Mayor Callegari. Roll call of Councilmembers present: Joseph Franco, Rod De Boer, Douglas Sayers, Cheryl L. McDonald and Mayor Lino P. Callegari. Staff present: Robert Porfiri, City Administrator/Finance Director; Peter M. Talia, City Attorney; and Debra M. Magginetti, CMC/City Clerk. 1 APPROVAL OF AGENDA: Motion by Mayor pro tem Sayers, second by Councilmember De Boer to approve the agenda as posted; motion carried unanimously. 2 PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS (if any): Mr. Porfiri provided an update on open labor negotiations. 3 CLOSED SESSION: At 6:04 p.m., the Council recessed to closed session to discuss the following: A CONFERENCE WITH LABOR NEGOTIATOR (2011/2012) pursuant to Government Code 54957.6: Agency Negotiator: Robert Porfiri Bargaining Unit: Management Unit Public Works Unit Unrepresented employee B CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code 54956.9: two C CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code 54956.8: Property: APNs 116-230-05, 116-230-86, 103-294-12, and 103-294-02 Agency Negotiator: Robert Porfiri Negotiating party: Unknown Under negotiation: Price, conditions and/or terms 4 RETURN TO OPEN SESSION: The City Council reconvened in open session at 7:03 p.m. Staff present: Robert Porfiri, City Administrator/Finance Director; Peter M. Talia, City Attorney; Debra M. Magginetti, CMC/City Clerk; Jeffrey Atkinson, Police Chief; Theodore Friedline, Fire Chief; Jared Hancock, Senior Planner; Gwenna MacDonald, Administrative Assistant; Dan Newton, City Engineer; Charlie Palmer, Deputy Building Official; Deborah Savage, Assistant to City Administrator/Finance Director; and Johnelle Wright, Building Permit Technician. Mayor Callegari led those assembled in the pledge of allegiance. Mr. Porfiri reported that the agenda had been approved as posted. Mr. Porfiri announced that no action had been taken in closed session -447-110907.min
The Clerk offered the thought for the day. 5 BUSINESS FROM THE FLOOR: Nick McBride and Willis Dow, local residents, thanked the City Council for its support in sponsoring the first Rock the Wake event at the golf course. They estimated that approximately 1,000 spectators were on hand throughout the day, and that they were able to donate $3,100 to benefit various Lassen High School groups. Mr. McBride shared some photos of the event with those assembled. Rachel Christian, local resident, asked the City Council to repeal the denial to her business license application to operate an ice cream truck on city streets. Mr. Talia indicated that staff would review the application the next morning and report back to the Council. Mary Fregulia, local resident, discussed her application to operate a mobile hot-dog cart within the city limits. She, too, would like Council consideration of her application. Theresa Russell, operator of the Shag Bag restaurant at the golf course, addressed the Council on her request for the Council to waive the $500 per month rent of the restaurant premises. She discussed the contract at length and concluded by saying that she was completely current in making her payments to the City. 6 CONSENT CALENDAR: Mayor Callegari reviewed the Consent Calendar: A Waive the oral reading and approve minutes from City Council s August 3, 2011 meeting B Approve vendor warrants numbered 82081 through 82285 for a total of $727,770.10 including $101,868.33 in payroll warrants C Approve Resolution No. 11-4784, Approving and authorizing renewal of professional services agreement with Peter M. Talia through and including September 30, 2011 (City Attorney Services) D Deleted prior to posting of agenda. E Approve reclassification of Donny Bocanegra from Maintenance Worker I to Maintenance Worker II (full-time, temporary Streets position) F Approve Resolution No. 11-4785, Approving and authorizing Mayor to execute FY 2011/2012 MOUs with Administrative Confidential, Fire Fighters, Miscellaneous, Professional/Technical, and Susanville Police Officers Association bargaining units Councilmember McDonald requested the removal of item 6B for separate discussion. Motion by Councilmember Franco, second by Mayor pro tem Sayers to approve the Consent Calendar items, excepting therefrom item 6B; motion carried unanimously. 6B Approve vendor warrants numbered 82081 through 82285 for a total of $727,770.10 including $101,868.33 in payroll warrants: Councilmember McDonald referred to the payment to LMUD for charges related to the Lassen Community College well, asking why the College didn t pay the fees. Mr. Newton explained that the well had been dedicated to the City and is currently a part of the City s system. Councilmember McDonald also questioned the payment for propane at the golf course; Mr. Talia explained that this cost was split 50-50 between the City and the Shag Bag restaurant. -448-110907.min
Councilmember McDonald referred to the payment to New Image Racketball. Ms. Savage reported that this is a charge paid by individual City employees as a payroll deduction. Once the money is transferred, the City pays New Image for wellness memberships of employees. Councilmember McDonald asked about a payment to LMUD marked Harris Drive. Mr. Newton explained that this is for electricity to operate the Harris Drive booster station. Councilmember McDonald stated that this should be better explained on the register. Motion by Councilmember De Boer, second by Councilmember Franco to approve vendor warrants numbered 82081 through 82285 for a total of $727,770.10 including $101,868.33 in payroll warrants; motion carried unanimously. 7 PUBLIC HEARINGS: No business. 8 COUNCIL DISCUSSION/ANNOUNCEMENTS: There was no discussion. 9 NEW BUSINESS: 9A Consider staffing change to Police Department Community Services Officer: Chief Atkinson reported that the current full-time Community Services Officer has advised that he would like to change from full-time, regular status to a part-time position. Currently, the CSO handles the duties of Crime Scene/Evidence Technician and he has expressed a desire to fully retire in the next year. The Department wishes to accommodate this change and has researched the best way to accomplish this with minimal impact to the agency. Hiring a second CSO would permit the current CSO to fully train a new person as well as assist with other duties as necessary. He proposes to replace the full-time, regular position with two parttime, regular positions at Range 922. Each CSO would work approximately 30 hours per week. This would result in approximately $12,000 savings during the first full year of implementation. Councilmember Franco asked if the flexibility in assigned duties would allow for the position s use as a school resource officer. He believes that this would provide an important presence on campus. Chief Atkinson stated that a sworn officer would be a better fit for the schools. Councilmember Franco indicated that he would support funding a position at the high school. Motion by Mayor pro tem Sayers, second by Councilmember De Boer approve the deletion of the full-time, regular CSO position and replacing it with two part-time, regular CSO positions; motion approved unanimously. 9B Consider Resolution No. 11-4789, Approving and authorizing Mayor to execute easement agreement with Uptegroves (490 So. Lassen St.): Mr. Talia reported that the Uptegrove brothers purchased property from the City on So. Lassen Street in 1997. The grant deed did not go to the center of the Susan River. While the property in question is owned by the City, the Uptegtroves built a levee thereon some time ago. They are now requesting that the City grant the easement described in the grant deed in order to continue to maintain the levee. Mayor pro tem Sayers asked if the maintenance easement would have an impact on the Junior Fishing Derby; Mr. Talia responded that it would not. Councilmember Franco asked if the levee served as a benefit for flood relief; Mr. Talia indicated that it does. -449-110907.min
Motion by Councilmember De Boer, second by Mayor pro tem Sayers to approve Resolution No. 11-4789; motion carried unanimously. 9C Consider Resolution No. 11-4790, Approving and authorizing Mayor to execute tax exchange agreement with Lassen County for proposed Skyline Annexation: Mr. Porfiri reported that the City and County do not have a master tax sharing agreement for annexations. Pursuant to the Revenue and Taxation Code 99, a real property tax exchange agreement is necessary for each proposed annexation. Over the past several months, staff has engaged the County of Lassen with respect to a tax share agreement with respect to the proposed Skyline Annexation. City and County staff reached a tentative agreement in early August that would split the available revenue from property tax 50/50 following the annexation of the subject property. The Lassen County Board of Supervisors approved the agreement by a 4-0 vote on August 23, 2011. Councilmember Franco commented that it appears that the City will be providing all the services to the proposed annexation; he believes that it would be more fair with a division of 60 (City) and 40 (County). Mayor pro tem Sayers commented that a 50/50 split is extremely good deal. Mr. Talia agreed, stating that there appears to be a more realistic attitude at the County offices with regard to a property tax exchange agreement. Councilmember Franco asked if this agreement might be precedent-setting relative to a master tax sharing agreement. Mr. Hancock indicated that it would not, as a master tax sharing agreement would take into account more than just property tax. Mayor Callegari commended City and County staff in resolving the issue so fairly. Mayor pro tem Sayers agreed that it s the best deal that s been struck in twenty years. Motion by Mayor pro tem Sayers, second by Councilmember De Boer to approve Resolution No. 11-4790; motion carried unanimously. 10 SUSANVILLE COMMUNITY DEVELOPMENT AGENCY: No business. 11 SUSANVILLE MUNICIPAL ENERGY CORPORATION: No business. 12 CONTINUING BUSINESS: No business. 13 CITY ADMINISTRATOR S REPORTS: 13A September 11, 2011 ceremony at Fire Hall: Chief Friedline reported that the Fire Department will be holding a remembrance ceremony beginning at 7:05 a.m. on Sunday, September 11, 2011 for the victims of September 11, 2011 terrorist attacks. The ceremony will be held on the front lawn of the Fire Department. The new flag pole will be dedicated at the end of the ceremony. 13B Way Finding signage: Mr. Hancock reported that the Lassen Economic Development Commission has suggested that it would be helpful to have signage to make community features more accessible to visitors and community members. He distributed way-finding signs of a Shasta County city as examples. Mayor Callegari commented that this is an excellent project and should be implemented as soon as possible. -450-110907.min
It was the consensus of the Council to support the project with LEDCo and to run interference as necessary with Caltrans. 13C Credit rating review: Mr. Porfiri reported that during the last few weeks, the City has undergone the first review of its original credit rating. The City s credit rating is very important, because it dictates the interest rate the City is paying on the outstanding water/gas bonds, which reflects the credit risk or credit worthiness of the City. Two of the largest credit rating companies, Fitch and Standard & Poors, have now completed the study with the following results: Fitch affirmed the City s credit rating approved for the bond sale: Series 2010A (water bonds) A- Series 2010B (gas bonds) BBB- Standard and Poors upgraded the City s credit rating: Series 2010 A (water bonds) upgraded from A to A+ Series 2010B (gas bonds) upgraded from BBB+ to A-. Fiscally, Mr. Porfiri characterized this as stellar performance under the difficulties of the economic recession and current financial problems of federal, state and local governments. 13D Work-in-progress update: Mr. Porfiri reviewed the work-in-progress schedule. Mayor Callegari asked that staff continue to update the Council on Parks-related issues. Councilmember Franco asked that the Susan River improvement project be added to the schedule. He is interested in seeing if wading or swimming pools could be constructed in the river using these grant funds. 14 COUNCIL ITEMS: 14A AB1234 travel reports: None. Councilmember Sayers referred to a list published in the newspaper that calls out those owing delinquent property taxes and sewer fees. He wants staff to follow a similar process for collecting utility bills. Mr. Talia indicated that he would provide a legal opinion prior to the next meeting. Councilmember McDonald remarked that LMUD is able to get additional information on those signing up for service. Ms. Savage reported that the City is tapped into the same data base that LMUD uses. 15 ADJOURNMENT: Motion by Councilmember De Boer, second by Councilmember McDonald to adjourn the meeting in memory of those affected by the 9/11 terrorist attacks; motion carried unanimously. Meeting adjourned at 8:25 p.m. Respectfully submitted by: Debra M. Magginetti, CMC/City Clerk Lino P. Callegari, Mayor Approved on October 5, 2011. -451-110907.min