Date of Meeting: June 14, 2005

Time of Meeting: 5:15 p.m.

Place of Meeting: Council Chamber, City Hall

Commissioners Present: Doug Dale

Dan Irving

James Brink

Dennison Herring

Jack Winter

Commissioners Absent: None

Staff Present: Charlie Mullen, Planning Director

Richard Crabtree, City Attorney

Susan Price, City Manager

Gary Antone, Director of Public Works/City Engineer

Scot Timboe, Planner

JD Ellison, Building Director/Official

Cheryl Smith, Deputy City Clerk

Chairperson Dale called the meeting to order at 5:18 p.m.




M/S/C Brink, Winter to approve the Consent Calendar.

AYES: Commissioners: Brink, Dale, Herring, Irving and Winter

NOES: None


MINUTES – MAY 10, 2005

APPROVED – 5-0-0



Scot Timboe, Planner, reviewed the staff report and gave staff’s recommendation that the Planning Commission:

1. Conduct the Public Hearing.

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

3. Adopt Resolution No. 05-010 recommending City Council approval of the Mitigated Negative Declaration and Tentative Parcel Map 04-14 with the Findings and Conditions of approval shown in Resolution No. 05-010.

Chairperson Dale opened and closed the Public Hearing at 5:20 p.m. after receiving no public comments.

Commissioner Irving questioned staff regarding the drainage issue that occurred between Home Depot and Helser’s at one time and questioned if that problem factored into this decision.

Mr. Timboe stated that he believed those issues had been worked out and as a result there are two projects that have been finaled by the City and the Building Department.

M/S/C Herring, Brink to adopt Resolution No. 05-010 recommending City Council approval of the Mitigated Negative Declaration and Tentative Parcel Map 04-14 with the Findings and Conditions of approval shown in Resolution No. 05-010.

AYES: Commissioners: Brink, Dale, Herring, Irving and Winter

NOES: None



Charlie Mullen, Planning Director, reviewed the staff report and gave staff’s recommendation that the Planning Commission:

1. Conduct the Public Hearing.

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

3. Adopt Resolution No. 05-009, approving Use Permit No. 360 with the Findings and Conditions of Approval.

Mr. Mullen reported that on May 11, 2003 the Planning Commission approved a Use Permit No. 336 to allow the current applicant P.A.T.H. to establish a homeless shelter with 40 beds at 1405 Montgomery Road, directly adjacent to the proposed site. The Planning Commission decision was subsequently appealed to the City Council. On May 20, 2003 the City Council denied the appeal and upheld the Planning Commission’s decision to approve the homeless shelter. However, P.A.T.H. was unable to reach an agreement to purchase the previous property site at 1405 Montgomery Road, and therefore, is seeking new City approvals for this new location, for which they have secured a long term lease.

Commissioner Irving inquired as to the owner of the easement for access was and whether they expressed support for the project.

Mr. Mullen stated that the property was owned by Greenville Rancheria, that they had been notified of the project and that staff had not received any communication from Greenville Rancheria.

Commissioner Herring questioned if the easement was designed for just foot traffic to lead to the new facility.

Mr. Mullen stated that it would be for both vehicle and foot traffic access.

Chairperson Dale opened the Public Hearing at 5:30 p.m.

Allene Dering, President of P.A.T.H., spoke to the growth issue and that the first 3 years they had seen considerable growth, but it has leveled off. One of P.A.T.H.’s long range goals is to have a family shelter at another location. If they can do that it will free up more beds for the single individuals. She stated that shelters are just that, shelters and that they have rules. In regards to the easement the property has never been used for a residence, but as a business and there have been trucks going into. The Fire Department has looked at and stated that it does have sufficient access for Fire Trucks.

Gayle Lock stated that Tehama County is part of the Dos Rios Continuum of Care, which is a plan to end homelessness and chronic homelessness in the County. P.A.T.H. has been participating in the four county consortium to end homeless and they are now participating in the newly formed Tehama County program in the continuing of care.

Wayne Dykes, adjacent property owner, spoke regarding the size comparison of the two locations, easement access across 1405, but not 1407; the current long term lease for a large portion of 1407, which does have trucks in there and is running a business at the location. He stated that there have been flooding problems in the parking area in front of the building leased by Earl More and related his concerns that the project was being condensed down to an area of half of the area they were originally approved for.

Earl More, lessee of building at 1407 Montgomery Road, spoke regarding his lease with Diane Devisser which he has had since 2003. He stated that he does have water that comes into his shop now when it rains and concerned that when he’s in the building trying to work that the homeless people may cause a safety problem for him. He is also concerned with criminal activity.

Mathew Smith, Hinkle Street business owner, concerned that people will not do business with him if transients are hanging around his business.

Chris Shultz, P.A.T.H. Board Member, spoke regarding the drainage issue and stated that they had plan to install drainage that would connect with the City’s storm drain and that all aspects of the projects will have to be approved the City Building, Planning and Public Works Departments.

Gayle Locke stated that when the homeless survey was done in January they found that there were more single women and children in the homeless shelter. What is proposed is that a good number of the beds would be for transitional beds that would allow the person to stay longer, get a job, save money and obtain other housing.

Commissioner Herring questioned what the policy on if the person has the smell of alcohol; if there were plans for a large emergency generator or plans on using PG&E energy efficient or solar units and if there would be a Mental Health representative.

Ms. Dering responded that in regards to the question of an individual having the smell of alcohol that it would depend on the behavior of the individual as to whether or not they would be allowed to stay. In regards to the emergency generator they had not discussed that; that they currently have a Mental Health representative that goes to the churches on a weekly basis and that they were planning on using energy star appliances.

Commissioner Irving questioned the number of staff after hours.

Ms. Dering stated that there would never be less than 2 people at night and during waking hours they usually have 4 staff members.

Virginia Kyle, member of P.A.T.H. Board, spoke to the concerns of Mr. Dykes. She stated that usually there are 4 staff members up until 9 p.m. and 2 staff members on the nigh shift. The cars that will be utilizing the parking will be mostly the staff as most homeless persons do not have cars.

Jeannie Reese, Director of the Shelter, stated that they have helped 31 people into permanent housing. All of the homeless that she deals with just wants to know that there are people there who care what happens to them. They do have agencies come in and teach people job skills.

Wes Crane, P.A.T.H. Board Member, stated that he would like to ease the mind of the person that leases the building on the same property and that they would work with the adjacent property owners if there is a problem with a homeless person.

Mike Ansbaugh stated that he was homeless 4 years ago and thanks to P.A.T.H. he is now a staff member for P.A.T.H. and not homeless.

Mathew Smith stated that he understood that people are trying to help people, but if there’s a problem that the Police show up he has to explain to his customers the problem and will lose customers, that will affect his ability to support his family.

Mr. Crane stated that that they had a client that helped staff and was known as “Warden Ron” because he would not let the clients get away with anything because he did not want them to mess up the use of the Churches for the homeless.

Ms. Reese stated that this year they made it a requirement that clients clean up the areas, sometimes better than it was previously. Each client contributes to cleaning the bathroom, mopping, sweeping and cleaning up the property. Each client gives back as a way to say thank you.

Chuck Hayden, P.A.T.H. Board Member, stated that he had never seen a group as unselfish as the members of P.A.T.H. are. P.A.T.H. did receive a $900,000 grant for the purpose of building a homeless shelter. P.A.T.H. members would be glad to talk and deal with any issues that the neighbors may have.

Commissioner Irving stated that one of the more general concerns is the fact that they are trying to get the same number of beds of the original one approved.

Mr. Hayden stated that the site is adequate and that they have the funding to develop. Regarding the facility he stated that there are 30 transitional beds and that the people are evaluated on their needs. If the people do have revenue P.A.T.H. can charge up to a 1/3 of their income and when they complete the program and leave P.A.T.H. can return up to 2/3 of the money that the client had paid in. If an agreement had been reached with the owner of the previous site they would have had to demolish the building.

Ms. Shultz stated that she had volunteered for the night shift and has never had any moments of fear for herself or anyone else.

Dianne Rabalais stated that she runs a battered women’s shelter and that she supports P.A.T.H. and feels that this is something the community needs. The women’s shelter only houses women, children and male children under the age of 12.

Mr. Dykes questioned by they couldn’t find a bigger place to go if they had $900,000 in grant funds. With this location there is no room for growth and he has been against it from the being because of the location and size of the lot.

Ms. Dering stated that the $900,000 is a grant and can only be spent on improvement of the property. This grant is tied in to this location and if they lose this location they lose the grant. This location is on the bus line and is within walking distance to Wal-Mart.

Mr. Mullen requested clarification on the lease of the building and the use of parking in front of the property for overflow parking.

Ms. Dering stated that they were under the assumption that this building was leased for storage and in the lease that the owner has given them states that in front of the building could be used for overflow parking.

Chairperson Dale closed the Public Hearing at 6:12 p.m.

Chairperson Dale questioned Gary Antone, Director of Public Works/City Engineer, regarding the improvements, such as curb and gutter on the south side of Hinkle Street and the drainage issues.

Mr. Antone stated that what is currently in place is a catch basin stub out on the back side of the existing property and that they would be required to provide whatever is necessary to link up with the storm drain. He stated that there would not be a requirement for curb and gutter along the south side of Hinkle but improvements would be required on the 20 foot access easement.

Commissioner Irving questioned City Attorney Rick Crabtree as to if he was aware of any state guidelines that govern management.

Mr. Crabtree stated that he did not know of any licensing requirements for homeless shelters and that he was involved in the approval of the Chico homeless shelter and that was not an issue that was raised in that process.

Commissioner Irving stated that maybe there was a more appropriate way to enforce rules etc. and if there was a method of them reporting problems.

Mr. Mullen stated that staff had included a general reference that they will conduct the operation in accordance with the descriptions and the information provided and stated in the record and that staff have included Condition #19, which is a good neighbor policy. This is asking the applicant to prepare and establish good neighbor rules to be obeyed and complied with by all persons utilizing the emergency homeless/transitional shelter. Staff does not want to see any conflicts and/or impacts on the surrounding homes and businesses. If there is a violation of law they can call the Police Department and they can respond or if there is a nuisance problem they can call the City and the City will look into the matter and work with the homeless shelter to solve the problem and be a good neighbor.

Commissioner Irving questioned the City Attorney if there would be any privacy right issues in the shelter that would hinder the Police to walk in and inspect a complaint and/or taking action.

Mr. Crabtree stated that he did not, but that they would have to have permission from the operator to enter the building and that he could not see that permission being withheld.

M/S/C Herring, Brink to adopt Resolution No. 05-009, approving Use Permit No. 360 with the Findings and Conditions of Approval.

AYES: Commissioners: Brink, Dale, Herring, Irving and Winter

NOES: None


Chairperson Dale called a 5 minute recess at this time.


Charlie Mullen, Planning Director, informed the Commission that at the meeting of June 28, 2005 the only item on the agenda will be the Bethel Church Use Permit for a multi purpose gym and parking lot extension.

The Wal-Mart Supercenter Public Meeting on the Draft Environmental Impact Report (DEIR) will be held on July 12, 2005.

Chairperson Dale requested clarification on the oak tree abatement for the CalTrans project that was in the paper.

Mr. Mullen stated that staff had responded to a CalTrans referral of an Initial Study for the Wilcox Truck Climbing Lane, which will be a good improvement for that freeway section. They will be taking out approximately 150 trees and had to come up with a plan for mitigation and they were purposing to put all the mitigation at the CHP station in Cottonwood. City staff asked if they would work with Red Bluff if there were sites available. At this time there are no sites large enough to put in this amount of mitigation trees.

There being no further business Chairperson Dale adjourned the meeting at 6:28 p.m. to June 28, 2005 at 5:15 p.m.

Respectfully submitted,

Charlie Mullen

Planning Director