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CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: September 16, 2003

TIME OF MEETING: 7:00 P.M.

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

Andy Houghton

Larry Stevens

Gregg Avilla

Councilmembers Absent: Forrest Flynn, Mayor Pro Tem (Absent-Excused)

Staff Present: Susan Price, City Manager

Richard Crabtree, City Attorney

Rob Gibbs, Director of Parks and Recreation

Charles Hayden, Planning Director

Gloria Shepherd, City Clerk

Tessa Pritchard, Human Resources Director

Al Shamblin, Police Chief

Margaret Van Warmerdam, Director of Finance

J.D. Ellison, Sr. Building Director/Official

Gary Antone, Director of Public Works

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

Dexter Wright led the Pledge of Allegiance at the request of Mayor Cherveny and the assemblage joined in.

Venita Philbrook, shared with the City Council the business support of a film, Lewis & Clark, which will be presented to the children of Red Bluff in a partnership effort to combine Education, Children, & the Arts. This film celebrates the bicentennial of the Lewis & Clark Expedition.

Saturday on September 20, there will be a Brickyard Creek Cleanup Day, with the help of a grant cosponsored by the City of Red Bluff and Red Bluff Trails United. The clean up efforts are being made to prepare for the eventual funding of trails in the area.

Mayor Cherveny read the Proclamation inviting citizens to join in sharing the Lions concern for the best sight possible by giving generously to the Lions White Cane Days event being held October 3^rd and 4^th, 2003.

Councilmember Stevens mentioned his appreciation for the equipment provided by the Lions Club to people with vision loss to help with their education needs and he mentioned that he is a product of a lot of the support that comes from the Lions Club and he endorses this program.

Mayor Cherveny read the Fire Prevention Week, October 5-11, 2003 Proclamation that encourages public safety as a top priority to citizens as well as firefighters. Awareness and simple safety practices help to lower death and injury and Red Bluff is joining the NFPA in reaching lifesaving messages in conjunction with Fire Prevention Week. The theme for Fire Prevention Week 2003 is, �When Fire Strikes: Get Out! Stay Out!� and the Proclamation was presented to Tina Lee, Fire Marshal.

Tina Lee, Fire Marshal thanked the City Council and mentioned that during Fire Prevention Week Station Two - Memorial Station, will be having an open house and invited the Public to attend from 10:00 a.m. to 3:00 p.m. showing the community the history of the Fire Prevention Safety.

APPROVAL OF MINUTES - SEPTEMBER 2, 2003

Approved 4-0-1

RATIFY/APPROVE AUGUST 2003 PAYROLL CHECKS NUMBERS 14426 �14654; PAYAROLL DIRECT NUMBERS 2044 � 2206/AUGUST PAYABLES CHECK NUMBERS 42277-42544

RESOLUTION NO. 52-2003 AUTHORIZING STREET CLOSURE FOR THE MONSTER TRUCK DISPLAY

RESOLUTION NO. 53-2003; AUTHORIZING STREET CLOSURE FOR THE 11^TH ANNUAL ANTIQUE STREET FAIRE

Approved 4-0-1

Robb Gibbs, Director of Parks and Recreation, reviewed the staff report and gave staff�s recommendation to make the necessary appointment to the Parks and Recreation Commission to fill the unexpired term of June Morford, which expires on December 31, 2003. Applications to this vacant Commission seat were received from Gerald Finchum and John Baros.

Gerald Finchum introduced himself mentioning that he has lived in the area since 1973 and thirty years later the City of Red Bluff is still his home. He recently retired from the Department of Corrections as a Parole Agent and has worked with the community over the years and would like to get involved again and be of service.

M/S/C Houghton, Avilla, to appoint Gerald Finchum to the vacant Commission seat with the Parks and Recreation.

Kim LaGrande, Chairman of the Tehama Colusa Canal Authority and also a rice farmer outside of Williams, California began the presentation.

He began by explaining that the background of the Tehama Colusa Canal Authority is that it delivers water to the western parts of Tehama, Glenn, Colusa, and Yolo Counties. It serves water to about 140,000 acres made up of 18 water districts. Those districts associated and formed a joint body known as the Tehama Colusa Canal Authority and are made up of farmers and landowners. Our water comes out of the Sacramento River at Red Bluff through the Diversion Dam and as the gates are lowered into the River it allows the water to gravity flow into the canal. The benefit is that there is not a need to pump water and spend money to pump water when the gates are in. The farmers on the canal love having the diversion dam in Red Bluff and the problem has been that there has been an erosion in the ability to operate the gates for the needed irrigation purposes and the gates are now operated on the basis of environmental concerns. That has caused concern and hardship for farmers and an enormous amount of money and resources has been spent on defending the time that they have on the river. The gates go in on May 15 and stay until September and prior to May 15 there is a lot of irrigation that takes place in all of the counties and there are real shortfalls in water by the date of May 15. Any further erosion of the time allowed to irrigate could spell out catastrophe and a few years ago the Tehama Colusa Canal Authority decided it was necessary to become proactive and have a contingency plan in place if the endangered species act changes the operating regime of the diversion dam. It is the preference of the Tehama Colusa Canal Authority that the gates stay in forever but irrigation municipal concerns are not always put ahead of environment issues. This contingency plan, which was defined as the Red Bluff Fish Passage Improvement Project, has been put into place in case they lose the battle with control of the gates and the need is to have alternatives and be proactive. The Red Bluff Fish Passage contingency plan has been characterized and interpreted as an attack on the dam and has incorrectly defined as an effort to get rid of the lake and it has been anything but that. The Tehama Colusa Canal Authority believes that it is in every body�s best interest that the dam is there for as long as it can be, while at the same time having a contingency plan in place in case they lose the ability to have control over the dam.

The Tehama Colusa Canal Authority has spent a lot of money and a lot of time developing all of the alternative plans. These alternatives are in place to make sure that the process as it goes forward includes everybody�s interests, as it won�t be a useful contingency plan if it only deals with the agricultural needs and not the other aspects of the community. Even more concerning for the continued placement of the dam has been the waiting from the Bureau of Reclamation to make a determination as to what they feel the appropriate alternative contingency plan should be as a part of the process. They have been in a mode of indecision and this delay has been pinned to a process called OCAP (Operation Criteria & Plan).

OCAP has been reviewing the entire operating plan and the Bureau of Reclamation does not want to make any decisions until OCAP is resolved. Part of resolving OCAP will be addressing the biological events that may or may not be occurring at Red Bluff. This presents an opportunity for those who feel that the gates are a threat to the environment to push that agenda forward.

Progress has been in a stall mode since the last update about a year ago and that mode should not be interpreted as everyone has dropped the contingency plan or that the gates are there forever and we don�t have to worry about the threats. Agriculture, Cities, Counties, and Chambers of Commerce need to work together to stay on the same page to work going forward in protecting our interests and saying that if the gates can�t be there then what are the alternative plans that provide for mitigation.

The 3 alternatives the irrigators have developed would relate to how many months the gates can be left in the river:

1. The first one was to show what kind of additional pumping and diversion requirements would be needed to have a more stable situation with the gates in with the four-month gate period.

2. The second one assumes that biological data and opinions push the gates into a 2-month time period and what kind of contingency plans would be needed for that situation.

3. The third one contemplates environmental laws or decisions ruling that the gates are out 12 months of the year and what would they need in that situation.

Rick Haffen, General Manager of the Authority, was introduced and welcomed on board from Utah and was welcomed to California.

Councilmember Avilla asked about the entitlement of water. It was explained that the situation is that the reclamation has a contract to supply the water, but an environmental decision that renders them unable to will supercede their contractual obligation.

It was requested that future meetings be accommodated so that the City Council can attend them.

Susan Price, City Manager, mentioned that this is a very important issue to Red Bluff because Lake Red Bluff is a very valuable economic and recreational resource for the City and it�s residents.

Mayor Cherveny mentioned that the City has taken a strong stance in retaining that those gates from May 15^th to September 15^th be kept in place and thanked them for the presentation.

Informational Only

REPORT ON ACTIVITIES FUNDED BY THE JOBS HOUSING BALANCE IMPROVEMENT PROGRAM GRANT

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation that the City Council hear the presentation by Dexter Wright, Executive Director of TLDC, and provide any comments as appropriate.

Susan Price, City Manager reviewed the $100,000 Jobs Housing Balance Improvement Program Grant and the primary purpose is intended to help create jobs where residents have more housing opportunities than job opportunities.

Dexter Wright, Director of TLDC, thanked the City Council for the opportunity to share and presented his presentation in 3 parts:

The Jobs/Housing Grant provides new marketing materials and revision of existing directories. The Jobs/Housing Grant funds were used to attract new businesses and jobs to Tehama County and the following are a few examples:

Informational Only

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation that the City Council discuss the proposed draft timeline and provide direction to staff regarding development of the collection ordinance and Published Legal Notice of the Public Hearings.

Beth �Kathy� Bonner submitted a list of supporters of mandatory trash collection from her area to keep properties free of litter.

A recent court decision held that garbage collection fees are exempt from people voting on whether they want this. The City will be requiring everyone to participate in the garbage collection and the fees are actually imposed and collected by the private collection company and the City will come in at the end to use the government authority to collect delinquency.

M/S/C Avilla, Houghton to accept proposed draft timeline for the implementation of City-wide mandatory trash collection.

RED BLUFF AIRPORT MUSEUM DISCUSSION

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation that the City Council discuss the issue and direct staff accordingly.

Councilmember Stevens asked for this item to be placed on the agenda to discuss the request to name the airport museum for Charlie Krause. The museum was started by the Tehama County Aviation Association through the efforts of Charlie Krause and is temporarily located in the old FAA Flight Service Station space at the airport and is looking for a permanent home once a tenant is found for that office space. The recommendation was to have the Airport Commission hold some Public meetings for input and report back to the City Council.

Councilmember Stevens applauded the efforts that Charlie Krause put into gathering of historical information provided in the museum and suggested that Charlie Krause be remembered by naming the Museum after him.

Councilmember Houghton inquired about other available space at the airport that could be used to house the museum.

Susan Price, City Manager, was impressed with all of the valuable historic information in the museum and asked Councilmember Stevens to clarify his motion.

Councilmember Stevens explained his motion which was to forward to the Airport Commission the desire of the City Council to develop a plan to create a permanent museum over the course of time and support the nomination of Charles Krause as the legal name for the Red Bluff Air Museum.

Robb Schmidt, Chairman of the Airport Commission and past President of the Tehama County Aviation Association mentioned that the Tehama County Aviation Association newsletter stated that at their next meeting the agenda provided for discussion of what they want to pursue with the museum.

Mayor Cherveny mentioned that the Airport Manager would invite the Tehama County Aviation Association to the Airport Commission meetings for their input.

M/S/C Stevens, Avilla, to approve the Airport Commission holding Public meetings for input and bring back to the City Council.

WATER RESERVOIR AND PIPELINE DESIGN CONTRACT; AMENDMENT NO. 3

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation to execute Contract Amendment No.3 for the Water Reservoir and Pipeline Design Contract with PACE Civil in the amount of $37,800 and authorize the additional expenditure from Fund 52. This is an example of the City upgrading its water infrastructure with it�s growth and creating a pressure zone needed in the City.

M/S/C Stevens, Avilla to execute Contract Amendment No.3 for the Water Reservoir and Pipeline Design Contract with PACE Civil in the amount of $37,800 and authorize the additional expenditure from Fund 52.

ACCEPTANCE OF FAA�S DONATION OF A GENERATOR AND TRANSFER SWITCH

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation that the City Council accept the donation of the surplus generator and transfer switch and direct the Public Works Director to follow up with a letter of acceptance.

M/S/C Houghton, Avilla, to accept the donation of the surplus generator and transfer switch and direct the Public Works Director to follow up with a letter of acceptance.

TRAFFIC CONTROL STUDY DISCUSSION

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation that the City Council reviews and provides input regarding the final Traffic Control Study scope of work prior to its circulation.

Susan Price, City Manager, mentioned that this study would be funded through Impact Fee Account and a community Development Block Grant would be brought back in October if it deemed appropriate by the CDBG staff to help fund a portion of this.

Mayor Cherveny requested that part of the study included the Main St. and Antelope Blvd section.

M/S/C Houghton, Stevens to proceed with a citywide traffic study to aid in dealing with various traffic issues that arise.

Gary Antone, Public Works Director, reviewed the staff report and gave staff�s recommendation that the City Council discuss the mailbox/vehicle parking conflict and direct staff regarding any action deemed appropriate.

M/S/C Avilla, Houghton to provide short term parking in front of the cluster mailbox parking areas of 5 minutes.

PUBLIC HEARING; RESOLUTION NO. 43-2003; AMEND NON-HISTORIC DESIGN REVIEW GUIDELINES; PARKING LOT SHADE TREES, SIDEWALK PLANTERS AND APPEALS

Charles Hayden, Planning Director, reviewed the staff report and gave staff�s recommendation to:

1. Find that Resolution No. 43-2003 is consistent with the City�s General Plan and Zoning Code.

2. Find that approval of the amendments to Section H-4 and H-9 of Non-Historic Design Review Guidelines is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines; and approval of the amendment to Section K of Non-Historic Design Review Guidelines is exempt from CEQA pursuant to Section 15060 (c) (3) of the CEQA Guidelines.

Mayor Cherveny opened the Public Hearing at 8:24 p.m.

Dr. Ron Clarke mentioned his support of this Resolution that trees in parking lots shade for at least 50% of the surface area of parking spaces.

PUBLIC HEARING, ORDINANCE NO. 946, TREE PRESERVATION AND REPLACEMENT STANDARDS

Charles Hayden, Planning Director, reviewed the staff report and gave staff�s recommendation to:

3. Find that Ordinance No. 946 is consistent with the City�s General Plan and Zoning Code.

4. Find that Ordinance No. 946 is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines, Class 8 Categorical Exemption, Actions by Regulatory Agencies for Protection of the Environment.

Dr. Ronald Clark DDS mentioned that he supports this Ordinance to preserve and protect heritage trees.

Dennis Herring, Planning Commission Member, mentioned that he started the term �heritage� trees and explained that oaks are our heritage and with the expansion of commercial properties and subdivisions it was decided that there was a need to preserve giant oak trees. He supports this Ordinance to preserve and protect heritage trees.

Sandra Hayes, concerned citizen and owner of property in the City, asked for the definition of what heritage trees are and it was explained that they are the oak trees along with the native cottonwood and sycamore trees that are 36� in diameter.

Councilmembers expressed concern about requiring City approval before property owners could cut down or trim heritage and native trees on their private property. The issue of the cost effect on citizens was also mentioned.

A certified licensed qualified professional would be required to determine if the tree could be removed or trimmed and there will be an ordinance that may enforce a fee for anyone not complying.

It was asked how this would affect some of the larger lots available for purchase that might be bought by a big corporation that want to build a structure. It was explained that this is a tree preservation and replacement ordinance and processes are in place where if trees are removed other trees would be replaced or an appeals process will be in place with a fee.

This is a change to the existing language in Chapter 23a, clarifying who has jurisdiction over the right of way on public property and also dealing with the language for private property where there are currently no regulations governing the removal of trees on private property. It was asked whether we want the City being responsible for the trimming of a tree branch on private property and the explanation was that on Ordinance with alternative #3 it will give the owner some rights to trim under certain circumstances.

Alternative No. 3 if you own an existing lot with buildings on it worth $30,000 at the time the Ordinance is in effect you�re exempt.

Alternative No. 1 says you are exempt in every way except that you have to replace the tree if you destroy it.

There was a concern about imposing these regulations about not cutting trees and at the same time the City requires that yards be cleaned up for fire safety.

Dennis Herring, Planning Commissioner, thanked the City Council and Ad Hoc Committee for their consideration and work towards getting this in place.

M/S/C Avilla Houghton to waive the first reading and introduce Ordinance No. 946 with alternative No. 1 and amended it to accept alternative No. 3.

PUBLIC HEARING; MITIGATED NEGATIVE DECLARATION; TENTATIVE PARCEL MAP 03-01; 2310 & 2460 MONTGOMERY ROAD; APN 35-020-19; JAMES FAZZARI

Charles Hayden, Planning 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 Commission.

3. Approve the Mitigated Negative Declaration and Tentative Parcel Map No. 03-01 with the Conditions and Findings in the document titled �Conditions and Findings Summary, Tentative Parcel Map No. 03-01, Montgomery Road, Fazzari�.

Mayor Cherveny opened the Public Hearing at 9:11 p.m. and closed the Public Hearing at 9:12 p.m. after no comments.

M/S/C Avilla, Houghton to approve the Mitigated Negative Declaration and Tentative Parcel Map No. 03-01 with the Conditions and Findings in the document titled �Conditions and Findings Summary, Tentative Parcel Map No. 03-01, Montgomery Road, Fazzari�.

Mayor Cherveny mentioned that several of the Councilmembers attended and enjoyed the recent California League of Cities Conference in Sacramento. A lot of useful information was presented.

Councilmember Stevens mentioned that he had the results of the Resolutions available that were passed at the conference.

Councilmember Houghton mentioned that he visited the capital and enjoyed hearing the congressmen on the assembly floor. He mentioned concerns over the conferences suggested methods of raising money through fees on the businessmen in the community. He also mentioned one of the speakers, an author for the New Yorker, Malcolm Gladwell, who had a lot of impressive information and recommended him. Malcolm Gladwell spoke on a new initiative for 2004 that recommends that City Councilmembers be the connectors for getting the message out in support of it.

Councilmember Avilla mentioned that he was sorry he was unable to attend due to work.

At 9:50 P.M. Mayor Cherveny adjourned the meeting to October 7, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.

APPROVAL OF MINUTES - SEPTEMBER 2, 2003

Approved 4-0-1

Approved 4-0-1

Informational Only

Informational Only

RED BLUFF AIRPORT MUSEUM DISCUSSION

WATER RESERVOIR AND PIPELINE DESIGN CONTRACT; AMENDMENT NO. 3

ACCEPTANCE OF FAA�S DONATION OF A GENERATOR AND TRANSFER SWITCH

TRAFFIC CONTROL STUDY DISCUSSION

PUBLIC HEARING; RESOLUTION NO. 43-2003; AMEND NON-HISTORIC DESIGN REVIEW GUIDELINES; PARKING LOT SHADE TREES, SIDEWALK PLANTERS AND APPEALS

Mayor Cherveny opened the Public Hearing at 8:24 p.m.

Dr. Ron Clarke mentioned his support of this Resolution that trees in parking lots shade for at least 50% of the surface area of parking spaces.

s/b Tere Cherveny

s/b Gloria Shepherd, City Clerk