CITY COUNCIL

REGULAR MEETING MINUTES

DATE OF MEETING: May 6, 2003

TIME OF MEETING: 5:30 P.M. 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: Tere Cherveny, Mayor

Forrest Flynn, Mayor Pro Tem

Andy Houghton

Larry Stevens

Gregg Avilla

Councilmembers Absent: None

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Gary Antone, Director of Public Works

Charles Hayden, Community Development Director

Gloria Shepherd, City Clerk

Margaret Van Warmerdam, Director of Finance

Tessa Pritchard, Human Resources Director

Roberta Moore, City Treasurer

. Al Shamblin, Police Chief

Tina Lee, Fire Marshal

Sgt. Kevin Busekist

Dom Catona, Fire Engineer

Jimmy Heinle, Reserve Fire Engineer

Fred Agundes, Fire Engineer

Mayor Cherveny called the Regular Meeting to order at 7:00 P.M.

Mayor Pro Tem Forrest Flynn led the Pledge of Allegiance at the request of Mayor Cherveny and the assemblage joined in.

Mayor Cherveny stated that prior to the start of tonight’s meeting the City Council met in Closed Session regarding the annual review of City Manager Susan Price and stated that it was a unanimous decision by the City Council that she be given a cost of living raise, plus a 3.7% performance evaluation, which equates to a 6% increase and that her car allowance be converted back to just regular salary.

In addition to that we all really wanted to let the public know, as well as staff and anyone here what a dedicated employee this lady is. If anybody knew how many hours this person puts in, on the weekends here, daytime. She is probably one of the most capable City Managers in the north state. She brought with her a vast array of experience; her qualities of communication and interacting with other agencies. We only get positive feedback and it is such a pleasure and it’s a privilege for our community to have such an outstanding City Manager and we would just like to applaud her. Thank you and we hope that we have a whole bunch more years.

At this point Mayor Cherveny continued with the Citizen Comment portion of the meeting.

NATIONAL POLICE WEEK – LINDA MOBILIO

Mayor Cherveny presented the National Police Week Proclamation to Officer David Mobilio’s wife Linda Mobilio, and Linda Mobilio thanked everyone in the Community for all of their support to her and her family. She also encouraged everyone to tie blue ribbons on their car antennas and put blue porch lights out during the month of May in memory of all of those who have died and for those that are currently serving in law enforcement.

TEHAMA COUNTY PEACE OFFICER’S MEMORIAL DAY – JERRY FLAVIN

Mayor Cherveny presented the Proclamation to CHP Lieutenant Jerry Flavin who on behalf of the Tehama County Peace Officer’s Association welcomed every member of the Community to the upcoming Tehama County Peace Officer’s Memorial Day, May 28, 2003, at 7:00 p.m. at Bethel Church on Luther Road. They will be honoring all 9 of the Officers who have laid down their lives in 2002 in California as well as Constable John H. Delaney who was killed in the line of duty on February 23, 1902 and through an oversight was omitted from the list.

ARSON AWARENESS WEEK MAY 4-10, 2003 – TINA LEE

Mayor Cherveny presented the Arson Awareness Proclamation to Tina Lee, Fire Marshall, who asked for the Public’s assistance to assist the Fire & Police Departments with any knowledge of any arson or people that may have participated in starting fires to help in the prevention efforts.

EMERGENCY MEDICAL SERVICES WEEK – RED BLUFF FIRE DEPARTMENT

Mayor Cherveny presented the Emergency Medical Services Week Proclamation to Engineer Dom Catona, Engineer Fred Agundes, and Reserve Engineer Jimmy Heinle and they expressed their appreciation mentioning that it is their privilege to serve the Community.

MENTAL HEALTH MONTH IN RED BLUFF – GERRY OLSEN – CHAIRPERSON DR. RICHARD HARIG, TEHAMA COUNTY MENTAL HEALTH DIRECTOR

Mayor Cherveny presented the Mental Health Month in Red Bluff Proclamation to Gerry Olsen, Chairperson and Dr. Richard Harig, Tehama County Mental Health Director. Gerry Olsen read a written statement regarding the issues of mental illness and ways to alleviate Mental Health problems. Presentations will be presented through out the Community to find ways to develop better Mental Health awareness with the theme, Surviving and Thriving in Uncertain Times. Dr. Harig passed out a handout of tips on how to improve your mental health and they thanked the City Council for the support of the Proclamation.

PROMOTION OF DISPATCHER CINDEE BANWARTH TO POLICE COMMUNICATIONS DISPATCH SUPERVISOR

Police Chief Al Shamblin introduced employee Cindee Banwarth and congratulated her on her promotion to Police Communications Dispatch Supervisor.

Susan Price, City Manager, recognized and commended her for the fine job that she has done for the City of Red Bluff.

M/S/C Avilla, Houghton to pull items # 7 & # 10 and then approve remaining Consent Agenda.

Councilmember Stevens discussed the need for an increase in dumpsters on City Clean Up Day next year and appreciated the Community participation.

Councilmember Stevens requested that this item be pulled because of the vote he planned to take.

Councilmember Houghton asked for clarification of the basis for charges of the Traffic Impact Fees.

Richard Crabtree, City Attorney, explained that back in November 2002 Lassen Medical Group presented a formal fee protest and in that initial protest claimed that all of the traffic fees were illegal and offered to pay zero dollars. The City was able to convince Lassen Medical that the fees were legal and the discussion of how the fees were calculated were by assuming the full utilization of 67 exam rooms and corresponding number of employees. The Lassen Medical Group voluntarily put in more parking than was required and they were being penalized through fees for adding additional parking. Once the fees were calculated based on historical use rather than full use, the current number was calculated and recommended to the City Council.

M/S/C Flynn, Houghton to approve the revised Traffic Impact Fee amount of $66,488.37, for the new Lassen Medical Group facility at 2450 Sister Mary Columba Drive.

ORDINANCE NO. 941; REVISE CITY CODE SECTIONS 18A.24, AND 18A25 (B) (1) AND (2) SOLID WASTE DISPOSAL REGULATIONS

RESOLUTION NO. 19-2003; STREET CLOSURE NORCAL F-100’S ALL TRUCK PICNIC; CITY PARK; JUNE 29, 2003

ORDINANCE NO. 939; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED BLUFF AMENDING CHAPTERS 2, 5, 25 AND 26, VARIOUS ARTICLES RELATING TO THE DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT INTO TWO SEPARATE DEPARTMENTS CONSISTING OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT

PURCHASE OF AN ADDITIONAL VEHICLE FOR THE SENIOR NUTRITION PROGRAM USING FUNDS ACQUIRED UNDER TITLE III OF THE OLDER AMERICANS ACT

Al Shamblin, Police Chief reviewed the staff report and gave staff’s recommendation to recognize the COPS Blue Ribbon Campaign and support all local Law Enforcement Agencies in this endeavor.

Al Shamblin, Police Chief, reviewed the staff report and gave staff’s information about the advertising of proposals to prepare for the Police Feasibility Study. After reviewing the proposals staff will provide a recommendation for consultant selection at a future City Council meeting before the grant termination date of the study, which is September 30, 2004.

LETTER TO SHASTA-TEHAMA-TRINITY JOINT COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES I-5 TECHNOLOGY CENTER CAMPUS

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to submit a letter regarding the I-5 Technology Center Campus to the Shasta-Tehama-Trinity Joint Community College Board of Trustees.

M/S/C Houghton, Stevens to send the letter regarding the I-5 Technology Center Campus to the Shasta-Tehama-Trinity Joint Community College Board of Trustees.

Robb Gibbs, Parks and Recreation Director, reviewed the staff report and gave staff’s recommendation to listen to the presentation by Vance Montgomery, Director of Red Cross Services, Colleen Nelson, Red Cross Representative, and Linda Paylor. The history of the McGlynn Pool upgrades and current repair issues were discussed along with the importance of having a Pool available in the River Park for our youth.

Thanks go to the sponsors, Red Bluff Kiwanis, American Red Cross, Shadow Valley Aquatic Nursery, Bear Flag Roasting Co., Robertson and Dominick, Francisco’s Pronto Market, Grocery Outlet, Red Bluff Community Center Auxiliary and Red Rock Café. The fundraiser will be held will be a Concert that will be held on May 17^th and will consist of a Silent Auction and Door Prizes. The tickets are on sale for $20.00 per person or $35.00 per couple.

REQUEST TO WAIVE APPEAL FEES RELATING TO PLANNING COMMISSION DECISION TO APPROVE A HOMELESS SHELTER AT 1405 MONTGOMERY ROAD

Charles Hayden, Community Development Director reviewed the staff report and gave staff’s recommendation to waive, or uphold the $500 fee relating to the appeal of the Planning Commission decision to approve Use Permit No. 336 and a Mitigated Negative Declaration allowing a Homeless Shelter at 1045 Montgomery Road.

Alene Deering, President of PATH, asked the City Council to base their decision on truth. She referenced Wayne Dykes letter stating that decisions were based on those who do not live in the area.

Wayne Dykes spoke in response, that after receiving a copy of the meeting records he noted that there were many people from out of the area in attendance and that the people opposed to the Homeless Shelter were present, but out in the hallway and were never heard.

Mayor Cherveny explained that the purpose of this meeting is not to discuss whether we are going to make a decision on the Homeless Shelter, but only to discuss whether the fee would be waived. The hearing will be held on May 20, 2003 at the Community Center.

M/S/C Houghton, Avilla to approve waiving the $500 fee relating to the appeal of the Planning Commission decision to approve Use Permit No. 336 and a Mitigated Negative Declaration allowing a Homeless Shelter at 1045 Montgomery Road.

SMALL HANGAR #7 LEASE ISSUE

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation to approve the issuance of a new standard ground lease agreement with Charles Krause for small aircraft hangar #7 at Red Bluff Municipal Airport.

Richard Crabtree, City Attorney, explained that all of the hangars will be on the same kind of lease with this new lease agreement and only two hangars now in question have the hangar structure that will revert to the City at the end of the lease. One structure is in poor repair and it is questionable whether the City would want to assume liability and ownership of that one. It is also a fairness issue whether it is appropriate to treat these two leases different than all of the other leases, as well as the new leases will call for higher rents and revenue enhancement. It also promotes healthy and efficient use of the airport.

The Reversion Clause was discussed and under the new lease at the end of 20 years it is the property of the lessee and the lease calls for the lessee to remove it at the end of the lease or opt for any other mutually agreeable resolution at that time. The lessee may negotiate lease extensions not to exceed five years.

M/S/C Houghton, Stevens to approve the issuance of a new standard ground lease agreement with Charles Krause for small aircraft hangar #7 at Red Bluff Municipal Airport.

SMALL HANGAR #12 LEASE ISSUE

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation to approve the issuance of a new standard ground lease agreement with Stephen Grade for small aircraft hangar #12 at Red Bluff Municipal Airport.

Charlie Krause thanked the City Council for resolving this issue and also Susan Price, City Manager, Richard Crabtree, City Attorney, and Gary Antone, Director of Public Works. The current plans will include the building of new privately owned hangars and will invite many people into our community.

M/S/C Stevens, Avilla to approve the issuance of a new standard ground lease agreement with Stephen Grade for small aircraft hangar #12 at Red Bluff Municipal Airport.

Susan Price, City Manager, reviewed the staff report and gave staff’s recommendation to discuss and provide direction to City staff regarding the provisions of computer maintenance services for the 2003/2004 Fiscal year.

Richard Moulton, President of Computer Logistics thanked the City Council and City Staff for providing an excellent work environment. He presented a brief history of his service with the City of Red Bluff and reviewed the various accomplishments and developments over the years and offered the advantages of his services for the City of Red Bluff.

Councilmembers expressed appreciation to Computer Logistics and encouraged Richard Moulton to submit a competitive bid for future services.

M/S/C Stevens, Avilla to discuss and provide direction to City staff regarding the provisions of computer maintenance services for the 2003/2004 Fiscal year and amend to include one RFP with two Components.

PUBLIC HEARING, ORDINANCE NO. 940; REVISE CITY CODE SECTIONS 26.4-1, ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT AND 26.5-7, SUPPLEMENTAL PROVISIONS OF THE FLOOD DAMAGE PREVENTION REGULATIONS

Charles Hayden, Community Development Director reviewed the staff report and gave staff’s recommendation to:

1. Conduct the Public Hearing and consider all public testimony and other information submitted relating to Ordinance No. 940.

2. Find that adoption of Ordinance No. 940 is exempt from CEQA pursuant to Section 15061.b.3 of the CEQA Guidelines.

3. Waive first reading and introduce Ordinance No. 940, amending Sections 26.4-1 and 26.5-7 of the Red Bluff City Code.

Charles Hayden, Community Development Director thanked Kris Kingsley from the Department of Water Resources for her help with technical assistance and preparation.

Kris Kingsley, California Department of Water Resource Department, thanked the City Council and offered any kind of support with the Ordinance and any changes. One thing that will support this particular change is that FEMA will propose a no adverse impact clause put into their minimum requirements.

Councilmember Stevens discussed the issue of inaccurate maps for floodplains and concerns about impacts on existing situations and costs to the consumer.

Kris Kingsley responded with corrections about map revisions that have been made to correct and address these issues.

This Ordinance will not affect existing construction unless there is a substantial improvement.

M/S/C Houghton, Avilla to 1) Find that adoption of Ordinance No. 940 is exempt from CEQA pursuant to Section 15061.b.3 of the CEQA Guidelines and 2) To waive first reading and introduce Ordinance No. 940, amending Sections 26.4-1 and 26.5-7 of the Red Bluff City Code.

RESOLUTION NO. 20-2003; RESOLUTION ADOPTING AN UPDATED MUTUAL AID/AUTOMATIC AID AGREEMENT

Michael Damon, Fire Chief, reviewed the staff report and gave staff’s recommendation to adopt Resolution No. 20-2003 and authorize the continuation of the Mutual Aid/Automatic Aid agreement between the City of Red Bluff and the Tehama County Fire Department.

M/S/C Avilla, Houghton to adopt Resolution No. 20-2003 and authorize the continuation of the Mutual Aid/Automatic Aid agreement between the City of Red Bluff and the Tehama County Fire Department.

PUBLIC HEARING; MITIGATED NEGATIVE DECLARATION; 3 MG RESERVOIR AND PIPELINE PROJECT

Gary Antone, Public Works Director, reviewed the staff report and gave staff’s recommendation to:

2. Consider all public testimony and all other information relating to this project submitted to the City Council.

3. Approve the Mitigated Negative Declaration for the 3 MG Reservoir and Pipeline Project with the Findings in the document titled “Conditions and Findings”.

Mayor Cherveny opened the Public Hearing.

Jess Mendenhall, concerned citizen, was there to represent other owners on Mendenhall Road, his brothers, and his mother-in-law. The concern for his mother-in-law is that the impact of the tank on the property and pipeline will have effects on the value of her land. The other neighbors have concerns about the construction traffic during the project and any damages that may happen to the road during the construction and that it would be repaired. The family members are mostly against this project but they do understand the need for it and would appreciate care taken during the project to their land.

Deborah and James Danielson, concerned citizens, expressed concern about why the route of the pipeline zig-zags through a 10 acre parcel and affects usability of the land.

The City has addressed the issues of the alignment of the tank and other issues as they arise and have been moving the project forward so as to move the funding process on as well.

Bruce Crom of Pace Civil, explained decisions were made in order to avoid pipeline and dam complications.

The road condition can be video taped by the construction company before the project and will be put back in at a similar or an improved state.

M/S/C Avilla, Stevens to propose postponement of the Mitigated Negative Declaration for the 3 MG Reservoir and Pipeline Project for two weeks in order for land-owners to have the opportunity to get all of their questions answered.

APPRAISAL AND RIGHT OF WAY ACQUISITION SERVICES; 3 MG RESERVOIR AND PIPELINE PROJECT, AMENDMENT NO. 1

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation to approve Contract Amendment No. 1 for the 3 MG Reservoir and Pipeline Project appraisal, acquisition, and right of way contract with Martin Appraisal & Acquisition in the amount of $9,775.00.

M/S/C Avilla, Flynn to approve Contract Amendment No. 1 for the 3 MG Reservoir and Pipeline Project appraisal, acquisition, and right of way contract with Martin Appraisal & Acquisition in the amount of $9,775.00.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff’s recommendation to approve the replacement of the City Hall hot water heater and authorize a supplemental appropriation in the amount of $3,400 to Fund 10-57-290-100 for replacement of same.

M/S/C Avilla, Flynn to approve the replacement of the City Hall hot water heater and authorize a supplemental appropriation in the amount of $3,400 to Fund 10-57-290-100 for replacement of same.

Tessa Pritchard, Human Resources Director, reviewed the staff report and gave staff’s recommendation to approve the job classification of Human Resources Analyst and authorize the reclassification of the current Human Resources Technician employee to the classification of Human Resources Analyst effective July 1, 2003.

Roberta Moore, City Treasurer, mentioned topics at the recent California Municipal Treasurer Seminar that discussed the recommendation to have the Payroll Department be included in the Finance Department and separate from the Human Resources Department and that this could be brought back at a later date for discussion.

M/S/C Stevens, Avilla to approve the job classification of Human Resources Analyst and authorize the reclassification of the current Human Resources Technician employee to the classification of Human Resources Analyst effective July 1, 2003. It was amended to have staff coordinate the information with the City Treasurer regarding the Human Resources Department and the Payroll position and bring the issue back to City Council at a later date.

Councilmember Stevens and Avilla represented the City of Red Bluff on the JPA II project and met with Alan Abbs regarding the transfer of the operator for the landfill and to recover some costs and make some changes in the contract.

Roberta Moore, City Treasurer, thanked the City for the opportunity for her to attend the California Municipal Treasurers Seminar and stated that it was beneficial to her.

At 9:20 P.M. Mayor Cherveny adjourned the meeting to May 20, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.

NATIONAL POLICE WEEK – LINDA MOBILIO