Untitled

CITY COUNCIL

REGULAR ADJOURNED MEETING MINUTES

DATE OF MEETING: May 20, 2003

TIME OF MEETING: 7:00 P.M.

PLACE OF MEETING: RED BLUFF COMMUNITY CENTER

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

Rob Gibbs, Director of Parks and Recreation

Charles Hayden, Planning Director

Gloria Shepherd, City Clerk

Al Shamblin, Police Chief

Roberta Moore, City Treasurer

Tina Lee, Fire Marshall

J.D. Ellison, Building Director/Official

Mace McIntosh, Police Captain

Margaret Van Warmerdam, Director of Finance

EXECUTIVE SESSION

The Executive Session started at 5:30 P.M., and was regarding negotiations with the Miscellaneous Unit and no action was taken.

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

Mayor Cherveny began the meeting in wishing Susan Price, City Manager, a Happy Birthday and invited everyone present to sing Happy Birthday to her.

Susan Price, City Manager led the Pledge of Allegiance at the request of Mayor Cherveny and the assemblage joined in.

Mayor Cherveny introduced the new Building Director/Official, J.D. Ellison and welcomed him to the City Staff. Mr. Ellison has extensive training and education relating to standards of enforcement by the Building Department and 16 years experience as a Contractor.

Mayor Cherveny presented the Friday Night Live, Club Live, FNL Kids and FNL Mentoring Month Proclamation to Tina Zastrow, Tehama County Department of Education Coordinator.

Tina Zastrow introduced Maria Gonzales and Paula Cadio, both Friday Night Live Members at Red Bluff High School.

Maria Gonzales gave a description of how the program presents a problem free event that is free of drugs and alcohol.

Paula Cadio explained how the event offers fully prepared leadership and opportunities in a safe environment with responsible behavior. The program is youth driven and youth led.

REPORT REGARDING CONTRACT AWARDS AND DISPOSAL OF SURPLUS EQUIPMENT � APRIL 2003

RATIFY/APPROVE APRIL 2003 PAYROLL CHECKS NUMBERS 13522-13693; PAYROLL DIRECT DEPOSIT NUMBERS 1430-1566 /APRIL PAYABLES CHECK NUMBERS 40966-41320

Approved 5-0

RESOLUTION NO. 21-2003; PROHIBITING PARKING; A PORTION OF THE RED BLUFF CITY PARK PARKING AREA; SATURDAY MORNINGS FARMERS� MARKET

Approved 5-0

RESOLUTION NO. 22-2003; A RESOLUTION AUTHORIZING WEEKLY STREET CLOSURE FOR THE �WEDNESDAY EVENING RED BLUFF FARMERS MARKET�

ADOPT 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

AGREEMENT BETWEEN THE CITY OF RED BLUFF AND RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT FOR THE OPERATION OF RED BLUFF UNION HIGH SCHOOL SWIMMING POOL

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

RESOLUTION NO. 24-2003 � A RESOLUTION AUTHORIZING THE ENVIRONMENTAL SERVICES JOINT POWERS AUTHORITY TO SUBMIT A REGIONAL APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE HOUSEHOLD HAZARDOUS WASTE BLOCK GRANT, HD 12, FISCAL YEAR 2003/2004 ON BEHALF OF THE TEHAMA COUNTY SANITARY LANDFILL AGENCY

REQUEST TO REFUND APPLICATION FEES RELATING TO USE PERMIT NO. 334 AND ENVIRONMENTAL DOCUMENTATION, CHILD CARE CENTER IN P-1 ZONING DISTRICT, 1005 VISTA WAY, NORTH VALLEY SERVICES

LETTER FROM VESPER LODGE #84 TEMPLE ASSOCIATION REGARDING RESURFACING OF ALLEY BEHIND 822 MAIN STREET

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation to read the letter into the record and refer the matter back to City Staff with the requirement that a follow-up report be brought back to the City Council.

Mayor Cherveny read the following letter received from Vesper Lodge #84 Temple Association dated May 8, 2003 and addressed to Susan Price, City Manager into the minutes:

The Temple Association for Vesper Masonic Lodge #84 at 822 Main St. are writing you with our concerns regarding the resurfacing of the alley behind our building. This project took place in correlation with the restructuring of the parking facility. The contractor over laid the pavement raising the street level which has resulted in several problems for our lodge.

The first problem was the rear doors to our building would not open, and are now currently below street level. The down spout from the roof on the north end of the building was blocked off by pavement, the down spout on the south side of the building could not drain because it was below the road surface, one basement window is now below street level and the electrical power junction box in the alley is now below street level as well.

This list of problems has resulted in flooding in our building at which time Gary Antone was contacted and he assured us he would make temporary repairs. A ditch has been dug for the back door to allow drainage which does not work, a drainage pipe was added to one down spout which did not work and a barrier put around the rear window which does not work.

With the extraordinary rainy season we have encountered we are experiencing continued water damage to our building.

A claim to our insurance company for the first rain damage has been registered along with an explanation as to why it has occurred. We are continuing to experience water problems with every rain. Our insurance carrier assures us that with future claims they will seek reimbursement from the city.

We at Vesper Masonic Lodge #84 do not wish to cause you any undo distress, however we are unable to except the lack of foresight demonstrated by this recent repair and the attempts to correct the same.

This letter should be read at your next regular meeting and placed in the minutes of that meeting as a matter of record.

Please give this problem your immediate attention whereas our problems continue with every rain.

M/S/C Stevens, Avilla to refer the matter back to City Staff with the requirement that a follow-up report be brought back to the City Council.

PROPOSED ASSIGNMENT OF AGREEMENTS BETWEEN THE CITY OF RED BLUFF AND GREENWASTE OF TEHAMA (GREENWASTE) TO WASTE CONNECTIONS OF CALIFORNIA, INC. (WASTE CONNECTIONS)

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation to discuss the proposed transfer of Residential and Commercial Franchise Agreements with GreenWaste of Tehama to Waste Connections of California, Inc. and provide direction to staff.

Susan Price, City Manager, indicated that the Tehama County Board of Supervisors did take action on this issue and then introduced Alan Abbs, Landfill Director, who was available to give additional information and to answer questions about the process.

Councilmember Flynn asked if there were any current concerns regarding the Landfill Management and Alan Abbs explained that the County and the City are working together to make progress regarding issues for the Management Agency Contract proposals within the next few months.

Susan Price, City Manager, explained that one of the documents that will be brought back to the City Council on June 3, 2003, would be a Resolution that will contain information on a Franchise Fee. With respect to the current Waste Agreements there are about 4 years left and if the City Council had any specific item to address as a part of that Franchise Transfer it could be considered in discussions.

Alan Abbs explained management agency roles and it was discussed that the best landfill operation process would be to look at terminating the existing contract with GreenWaste of Tehama and reissuing a new contract with Waste Connections with modifications to service out at the Landfill. The City and the County are proposing to not use that process and look at transferring the existing franchise. When the Landfill Management Agency has worked out equitable arrangements with Waste Connections, then the City and County could use that as a template to increase service for the City and the County.

Mayor Cherveny discussed the Clean up Days and her concerns of incorporating this into offering a better utilization of this program by the public.

Councilmember Avilla asked if all of the issues had been resolved with Greenwaste and Alan Abbs explained that the Landfill Management Agencies Contract will have resolution on all of the issues within the next couple of months and wouldn�t affect the City and County Contracts.

M/S/C Avilla, Houghton to propose transfer of Residential and Commercial Franchise Agreements with GreenWaste of Tehama to Waste Connections of California, Inc. and provide direction to staff.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation to accept the GreenWaste proposal and authorize payment of the landfill fee from Fund 45-43-330-100 in the amount of $16,560.81.

Councilmember Avilla mentioned the difference in the original bill of $40,000 and now the City is settling for $16,500.

Alan Abbs, Landfill Director, explained the process and how the Landfill Agency collects the tipping fee for waste deposited at the Landfill and how by contract Greenwaste of Tehama receives a certain percentage of that money to compensate them for machinery and employees. When the City brought out $40,000 of the City Waste Water Sludge and a month after receiving the sludge the management agency by contract was required to pay Greenwaste of Tehama the proper percentage it owed. The Management Agency without receiving payment from the City for the 40 tons of sludge paid Greenwaste of Tehama $33,000 for the sludge that was disposed at the landfill. The Landfill Agency essentially paid the City�s bill without receiving payment from the City yet and this Agenda Item takes care of that. GreenWaste of Tehama decided that since the sludge was able to be used as alternative daily cover the Landfill was willing to pick up the tab for 50% of the City�s disposal cost and make the management agency whole.

Gary Antone, Director of Public Works, pointed out that due to unclear guidelines the City didn�t know this had taken place until Alan Abbs had brought it to their attention and in the future it will be set up with the new waste operator to prevent this from happening this way again.

M/S/C Houghton, Avilla to accept the GreenWaste proposal and authorize payment of the landfill fee from Fund 45-43-330-100 in the amount of $16,560.81.

CITY HALL ADA FEASIBILITY STUDY

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation to accept the ADA Feasibility Study prepared by Thomson & Hendricks. Gary Antone then introduced Nick Ambrosia, Thomson & Hendricks representative, and he expressed appreciation to the City staff and presented the report and check list for this project broken down into three summaries. Priorities included access to the building and entering the building and having access to all of the programs and to public restrooms and consistent minor items such as access to telephones and drinking fountains. Looking for barriers to the building and space available is a part of the fix up process. The recommendation is to make good space planning and solve all access problems. The study was prepared with funding from the Community Development Block Grant Program.

Susan Price, City Manager, expressed appreciation for a high quality job that was very much needed and it will provide a blueprint for the City to move forward.

M/S/C Flynn, Stevens to accept the ADA Feasibility Study prepared by Thomson & Hendricks.

DEPARTMENT REORGINIZATION

Al Shamblin, Police Chief, reviewed the staff report and gave staff�s recommendation to restructure the two existing positions as submitted, adopt the proposed class specifications and salary range for the Police Captain and Lieutenant positions, and authorize the reclassification of the current Police Commander employee to the classification of Police Captain effective May 21, 2003.

The primary function of the Police Captain will be the operations division such as the patrol and paying of the bills and planning of department needs and is a very busy position.

The Lieutenant position is in charge of the special services such as the detective division, the Community Service Officers, Dispatch and Records.

M/S/C Stevens, Houghton to restructure the two existing positions as submitted, adopt the proposed class specifications and salary range for the Police Captain and Lieutenant positions, and authorize the reclassification of the current Police Commander employee to the classification of Police Captain effective May 21, 2003.

RESOLUTION 25-2003; SETTING REVISED SALARY RANGES FOR MANAGEMENT AND MID-MANAGEMENT JOB CLASSIFICATIONS TO BE EFFECTIVE JULY 1, 2003

Susan Price, City Manager, reviewed the staff report and gave staff�s recommendation to adopt Resolution No. 25-2003 that incorporates changes and establishes the salary ranges for Police Captain and Police Lieutenant effective July 1, 2003.

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

Gary Antone, Director of Public Works, reviewed staff report and gave staff�s recommendation to 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 at 7:45 p.m. and hearing no comments closed the Public Hearing at 7:45 p.m.

M/S/C Stevens, Flynn to approve the Mitigated Negative Declaration for the 3 MG Reservoir and Pipeline Project with the Findings in the document titled �Conditions and Findings�

APPEAL PLANNING COMMISSION DECISION TO APPROVE USE PERMIT 336 ALLOWING A HOMELESS SHELTER AT 1405 MONTGOMERY ROAD

Charles Hayden, Planning Director, reviewed the staff report and gave staff�s recommendation regarding the appeal to the approval of Use Permit No. 336 allowing a Homeless Shelter at 1405 Montgomery to be operated by PATH to:

A. Conduct the public hearing, and consider all public testimony and all other information submitted relating to the appeal.

1. Uphold the Planning Commission�s decisions to approve the Homeless Shelter with the findings and conditions approved by the Planning Commission, or

2. Uphold the decisions of the Planning Commission, but modify the conditions of approval with findings supporting modifications of conditions, or

3. Reverse the decisions of the Planning Commission. Deny Use Permit No. 336 with findings supporting the denial.

Mayor Cherveny stated that the City Council received a petition presented by the Salvation Army in favor of a permanent Homeless Shelter and it was passed to the City Clerk to make appropriate copies for each Council Member. In addition to information already in the binder there have been letters in support and in opposition received by the City Council Members and time is being spent looking at what has been provided.

Councilmember Stevens expressed appreciation for the letter writing and encouraged people to include their address or phone numbers in order for the City Council to respond.

Mayor Cherveny opened the Public Hearing at 8:56 p.m. and invited the Public to speak.

Clint Chambers, Manager of the Goldencrest Mobile Park, took a poll of those present in favor of the Homeless Shelter from Redding, Anderson, Cottonwood, Corning, Chico, and Los Molinos. He then asked for a showing of hands of those from the immediate area opposed to the Homeless Shelter as well as those in the immediate area in favor of it. Mr. Chambers mentioned that no Environmental Impact Study has been done to this area, and that the building that is the proposed Homeless Shelter was once a garage that may well have been contaminated by oils, diesels, gas, transmission fluids, and prestones. Also, that the tents on the property will be affected by the contaminants. He also stated that there are two schools close by that will be affected as well by pilfering. Having traveled the country from here to Detroit and having been around a lot of homeless places.

Allene Dering, President of PATH, has been sheltering homeless on an average of 23 per night for the last four years. They have practiced being good neighbors and corrected situations when complaints have been made. There are many supporters in the community who support PATH financially and with volunteers. A packet with more petitions supporting the Homeless Shelter included 319 more signatures as well as the first 24 signatures that included people who live in that area. Pictures were also included showing the sidewalk, an area needing development, a wide area in front of the trailer park, and PATH plans to raise funds. They are willing to volunteer time in the clean up of the area and in placement of garbage cans if needed.

Wesley Crane, Vice President of PATH, and former co-owner of Crane Mills in Corning and a member of the company Board of Directors and part of the management team until his retirement. He also served as a Board Member for the Corning Union High School. He has accumulated many good friends and the clients who are back on their feet and no longer homeless can contribute in varying degrees both inside and outside the shelter. He claimed that Homeless people are okay and not to be feared when treated with respect. There has not been any damage to any of the churches to his knowledge that were used since the beginning of the program. One of the current staff and a former street person puts in up to six early morning shifts per week and knows how to get along with clients and gets a lot of help and cooperation from them. Another former client has pulled many double shifts during the midnight and early morning shifts and he considers him a prime candidate for a board member. Another Board Member has been homeless and used their shelters and since then has been equipment operator and works for the Mental Health Department. He explained that it helps their self-esteem and morale and the goal is to get as many of the clients out of the shelter as self-sufficient citizens as soon as they are ready to move. PATH also helps get their needs met for Social Security, Military Retirement, Medical, Mental, Dental Care, and Help for Addictions, as well as transportation as needed. The public transportation to the Greenville Rancheria will be a great help and they will strive to keep the shelter improving.

Calvin Sisco used the PATH program about a year ago after a mechanical breakdown. The church hosting the PATH shelter had some work to do and they have kept him very busy and it�s about to come to an end. He suggested that to modify the decision for the Homeless Shelter would be to provide these and better facilities in the future with training.

Kathleen Hinkle, Stanley Hinkle�s daughter, who lives in a residence less than 100 yards away from the proposed Homeless Shelter spoke on behalf of her father, expressing his concerns. She shared how he has owned and lived on Hinkle Street for 55 years and built Hinkle Street for access to his home and commercial property at the end of the street. He established his home zoned for commercial and it is their lively hood and will be threatened by this homeless shelter. The renters will shy away and the property will lose most of the value. A four-unit office building will be hard to rent to a decent business and hoped for a better solution.

Lorie Uhalde a tenant in the building previously mentioned, explained that her clients are expressing that they will not continue being clients if the shelter comes in next door. She is not opposed to the Homeless Shelter but to the location and the inadequate facility that is trying to be obtained as well as the traffic issues.

Paul Culp, supporter of homeless shelter, explained that the property could provide any kind of business that might not be desirable and that the existing guidelines will all be considered and PATH will be expected to meet them and perhaps it will increase the value if things are upgraded.

Jack Hill, supporter and board member of two shelters in Chico and Redding, chose sites that would not impact people too much in those areas. Pride and care is taken in their facility and they police themselves very well. The Red Bluff site is a good location that will be close to various opportunities.

Jason Rogers, supporter of the shelter, used the facilities and got his first job in the shelter and was welcomed with care and honor. If the shelter opens he will help build on the shelter to help provide a safer place for the homeless.

Norman Ricketts, supporter of the shelter, was on the streets with no place to go and made contact and found an apartment and is self sufficient and if there is anyway to help construction wise.

Wayne Dykes, in favor of PATH but not on the property and location due to the liability to the existing tenants there. No one will lease his property out until this situation is settled and his property has become useless. The property that PATH is locating a shelter on has contaminated ground and the long time industrial area residents in this area don�t want to have to move at this time. There have been incidents where homeless people have been found sleeping on property and equipment has been taken. The building is inadequate and too small in an industrial area and not a residential area. A better study needs to be made with a new location and next time not behind the residents back but out in the open.

Pastor Dave Honey, with Good News Rescue Mission in Redding, has been in favor of a Rescue Mission in the Area and PATH has taken over that endeavor. He explained that they provide shelter as well as many medical and recovery programs that help the community and that it�s about hurting people not dangerous people and once these programs are established they will help provide services to help people. He also explained that other businesses and agencies work along with the program and they become a friend to the community. It will provide a safe centralized unit to manage the homeless problem and continuum of care and it is important that this Rescue Mission is allowed take place so that these programs are allowed to develop.

Kim Anderson, supporter of shelter, volunteered during a power outage every single day for 5 days and had the opportunity to see that these people are open hearted and that they are just like all of us. She explained that how we take care of those who cannot take care of themselves reflects on a community.

Bob Brown, Tehama County Mental Health Homeless Program Supervisor, addressed the potential for violence by homeless and mental health clients. Statistics show that major violence by severely mentally disabled is lower than general public, but vagrancy and disturbing the peace has some minor escalation. The idea that if a shelter is built it will draw more homeless in from other areas and it has been shown through the County program that this has not been the case. He explained that there have been instances with clients out of the area were able to get back to their hometown after intervention. The relationship with Mental Health and PATH has been a good one.

Mr. Rogers, property owner next to the shelter, with only 60 feet of fence between them, spoke about the potential campers on the property and that they will relieve themselves on his fence at night and if he smells any urine odors he will go down to the Health Department to see what they can do.

Clarence Hemphill, volunteer at the shelter, has not seen the kind of actions referred to previously and explained that these people like anyone. He has been homeless with a disabled spouse and understands how hard it is to find a place and the importance of providing a service like this.

Carol Fernandez, PATH Board Member and Shelter Volunteer, and involved in PATH for three years. With a permanent location they hope to reach more people and make a difference in peoples lives. They are just regular people and not derelicts. She explained that when a person stumbles and falls it�s comforting to know that there is someone there to help you back on your feet.

Christina Culp, property owner at 1405 Montgomery Road and supporter of the shelter, previously found herself homeless with 2 children. She applied with the Social Services Assistance program and there was a week waiting period. She was told that if she was found living in a car with her children they could be taken away from her. During that waiting period it would have been nice to have a place available to keep families together until they could get assistance. PATH doesn�t promote homelessness but rather a hand up not a hand out. The projected building renovation should have about 4000 square feet of usable space.

Ken Hunt, client and volunteer at the shelter, responded to those who want the shelter but don�t want it here by saying that the shelter wouldn�t be anything but good. The shelter has rules and the organization has to follow them and if anything violent happens the shelter communicates with the sheriff�s department. The people who use the shelter come there and receive dignity and respect. The PATH people have a network of volunteers and staff organization and he encouraged the City Council to approve this.

Kim O�Connell, volunteer at the Rescue Mission in Redding and a teacher at the House of Hope for rehabilitation, see�s a need for the homeless people. She lives on Montgomery Road and travels to Redding for the last 2 years because there wasn�t a permanent program locally. She is willing to patronize those businesses near the shelter and supports the local businesses in that area.

Alberta Antone, concerned citizen, explained that she is not against the PATH Program but wanted to understand why they only provide a service to people in the evening and then they are let out on the street in the morning and can�t come back until the next evening. She had an experience at the McDonald�s Restaurant in Redding where the restaurant manager had a homeless person leave the premises on a rainy day. Mrs. Antone kept her in her car and finally had to go home and had to let her out onto the streets. She has seen this happen before and wanted to know if this was really the case and if so why was it they couldn�t take care of them during the day hours when there is a need.

Jan Simmons, supporter of the shelter, explained that the homeless shelter is something that we have to have and the location near the schools is a concern but it�s also where the homeless children go to school. She explained that it�s a problem that�s here and it�s the right thing to do. A decision needs to be made today, because the next place they choose to put a homeless shelter they will not want it there either and for the sake of the children and the people who are just trying to get up she felt we need to get this done.

David Pot, supporter of shelter, has used the shelter and he was grateful for the great staff and he hopes it goes through.

Dave Lamberson, Pastor of a local church and President of the Red Bluff Ministerial Administration. He explained that the Ministerial Association voted unanimously for the need for this shelter and that PATH has passed with tremendous integrity and that there is no ideal location. The churches feel that what they are providing is inadequate and they support something more permanent like PATH.

Donald Tacconi, supporter of the shelter, has been homeless and used the shelter and shown the ropes on how to get what he needed and the help he desired. He explained that it would be an error not to give credit to the PATH board members and volunteers. The PATH shelter is a seasonal shelter and he requested that this permanent shelter be put through.

Barbara Dykes, concerned citizen, asked if the City Council had actually driven by and looked at the site and if they thought it would be big enough to accommodate 40 people. If there are currently 57 homeless people locally, what will happen to those 17 people with no place to go. They may be hanging around her husband�s shop or the neighborhood on Montgomery Rd and sometimes she has to go to the shop at early hours and she would be afraid to get out her car. She felt that there should be a homeless shelter but that this was not a good location for it.

Betty Marsh, teacher at Metteer School, explained that she also has to be up at the early hours and expressed her concern for the children who come from the homeless shelter and who need to attend school. The location would be good for those children to have the homeless shelter nearby and that it would be good for them to be close to medical facilities in the area as well.

Barbara McIver, concerned citizen and supporter of shelter, explained that the problem of homelessness is attributed to the fact that we have failed to adequately develop affordable housing. This is an opportunity to address homelessness by making a decision whether we prefer to have people on the street or in a shelter and in a social connected network. She understands the problems and concerns expressed by prospective neighbors and proposed that perhaps the residents have the opportunity to have better neighbors than the random neighbors that we all get. We don�t get to choose our neighbors or make decisions about land use or property unless we are prepared to purchase it and be completely self determining. PATH is shown that they are concerned about their role and willing to resolve any problems that may arise as they may arise in any neighborhood situation.

Helen Hoover, Fred�s Auto Clinic Employee, explained that this piece of property is a very little area and not big enough for tents and dogs with no place for kids to play. Some of the people have cars and she wondered where will there be room for them to park them.

Dennis Cox, concerned citizens, asked if there had been anything said about tents on the property and whether anyone had been homeless. He said that the homeless are not there because they want to be but because of circumstances and that the 4000 square feet for the shelter would be better than living under a bridge.

Pastor Gilbert Delao, concerned citizen, explained that in looking for a facility he looks for a minimum impact and affect on a community and residential area, how it impacts the retail community, and the efficiency of the location to help out the people. He feels that PATH has done a good job at addressing all three of those points and will be good for the community.

Marty Watson, wife of Fred�s Auto Clinic, also owns her own business over by the Goodwill Rescue Mission and understands the need for help for them. She has no trouble with her salon with anybody that goes by there. But she disagrees with the building that they have chosen, as it is not insulated, it�s not big, it�s poorly constructed, there�s just no room for these people who need a home. She is not opposing PATH in any way and the building is not going to serve anyone. It is an old garage not meant to house people and those people need more than that building is going to provide and the City Council needs to take a look at this building. Montgomery Road is very busy now and there are talks of putting Shasta College there and what will they do with the impact on traffic

Doug Smith, Retired Methodist Pastor, has worked for Loaves and Fishes in Sacramento for three years where they raise about 3 million dollars to take care of the problems in that area. His residence in Red Bluff ended up having a rehab for addicts move into a house next to his residence recently and he decided to see how this works first before condemning it. The rehab group fixed up the yard and the fence and it has turned out to be a successful experience. He talked about how the pledge of allegiance includes the phrase about liberty and justice for all. He feels that part of the responsibility belongs to him now and rather than feeling very bad about the worth to his house, he has seen how much good it has done instead and that he is glad that he lives where he does.

Phyllis Hemphill, supporter of shelter, has been homeless and is a volunteer with PATH and she says that they do so much to rehabilitate people. Although it seems small they have plans for it and one of the reasons the homeless had to leave early was because the host churches had events going on and they had to leave. Referrals and fundraising are done with PATH and they just received a grant for a permanent full-time director to improve their networking capabilities. PATH works well as a unit of all faiths and there are so many wonderful homeless people out there who pick up the grounds before they leave for the day. They want to be in the mainstream and not homeless. She asked the City Council to provide the permit and that they will provide a place for the homeless to stay.

Judy Crane, volunteer for PATH, guaranteed that these people want to be the best citizen they can be and they need to be given a chance. They can�t put people into the building until it meets the City requirements and the community will be better by the building when it is finished.

Fred Watson, owner of Fred�s Auto Clinic, discussed the sidewalk in the pictures presented earlier and how the sidewalk ends at the Triangle Motel. He commented on the snickers and laughter by the supporters of the homeless shelter towards the lady who complained about fears of being bothered by the homeless people and he was concerned about that attitude and how they would respond if a problem does appear. If the PATH organization was concerned about the retail businesses why wasn�t he, as a retail business contacted about their concerns before the first show was put on over at the church. No one contacted him and he produces sales tax for the City of Red Bluff. If patrons to his business are hit up by panhandlers, it will hurt his return business. A lot of this could have been taken care of earlier if the people in the area would have been contacted and talked with. Even though it will be remodeled, if they are putting people with dogs and tents out in the front yard and all of the little kids in the trailer park have to walk by that every morning on the way to school it�s not good for them. There should have been a lot more communication done and a lot more openness about it.

Bobbie Cook, widow and grandmother in Red Bluff, has volunteered with schools and wants to start helping the homeless and is not afraid of them.

Frank Dering, concerned citizen, lives in that area and explained that the kids don�t go that direction to go to school and won�t pass by the shelter. They have the Greenville Rancheria in that area now and it�s efficient for them and there will be a bus turn around eventually and they won�t have to go by the schools at some point.

Miley Nail, operates a private shelter, and they have the same issues. The residents that they have housed have offered to go to work in the local store as maintenance to help clean up and avoids panhandling as they can do for themselves.

Loree Spurgeon, concerned citizen, supports the shelter and volunteered a couple of nights this winter and was pleased to see the little children having a place to sleep, a good breakfast, and very cheerily going off to school.

Alexander Peterson, volunteer, has found the people at the shelter just like you and me. He is a retired teamster and a truck driver and met a lot of people and the homeless people are just like them. He felt that everyone deserves a hot meal and a safe place to stay.

Mary Gibbs, Secretary for PATH, said that this is her fourth year working with PATH and they have diligently been working on grants and they have a renovation project grant in process now. They will do what ever it takes to make this project happen. She does understand the neighbors concerns and they will work with everyone to do what they can and comply with all of the permit requirements and that an environmental impact study is under way.

Jeannie Ruiz, supporter for shelter, was homeless once and it gave her hope and allowed her to want to give back. They had support programs and financial management and showed how to get a job. The people are willing to give a helping hand and everyone deserves a second chance. Every person is willing to help and some have even cleaned up cigarette butts that they didn�t even leave. The homeless people asked what they could do and helped her to reorganize her community closet and she asked that they be given a chance.

Tony King, Deacon of Public Ministries, and receives emergency referrals and housing requests. They try to coordinate and work as a team and supported the shelter in this location.

Mayor Cherveny closed the Public Hearing at 9:21 p.m. and thanked everyone for every comment.

Councilmember Stevens brought up the comment that was made about if someone was panhandling and whether someone would come back to a business. He explained that it was unfortunate but that was sometimes the way some people are going to get some money and that he has been asked for money around various businesses and still goes back to those businesses. He also mentioned his concerns about the age of the building, but felt that rehabilitation was a possibility. He thanked everyone and commended everyone for having some fine things to say and expressed his strong support of the homeless shelter on Montgomery Road.

Councilmember Avilla inquired about the term conditional Use Permit. Charles Hayden, Planning Director explained that it meant that they would make sure that they would comply with all of the Regulations and they would verify that they complied with the approved plans and will continue to operate within the limitations of that Use Permit.

Councilmember Avilla also asked if it was better for a community in terms of law enforcement to have a shelter like this to help with enforcement issues. Chief Shamblin said that the Police will respond to any issues that might develop.

Councilmember Houghton, mentioned lack of notification about the project, the contamination of the garage, and the issue of tents. Charles Hayden, Planning Director, sent out required notices within 300 ft prior to the Planning Commission hearing and published an ad in the newspaper. PATH conducted informal hearings as well. They will have to have approval from State agencies if contaminated soils are found. There is an area designated for tents and a fence will be installed.

Charles Hayden, Planning Director explained that amendments can be made but requested that they comply with CEQA and that the mitigation measures are equivalent or better than existing measures and that those modifications don�t have unmitigated impacts.

Councilmember Flynn questioned the reason for the change from 25 beds to 40 beds and it was the suggestion in order for the facility to be big enough for future growth.

Richard Crabtree, City Attorney, added that a Conditional Use Permit is probably the best enforcement vehicle in terms of regulating the use. By definition the use is permitted only if they are meeting the conditions and that during the length of that use the City can enforce those conditions up to and including polling the Conditional Use Permit. The City is free to make changes toward what the Planning Commission did as long as they don�t make changes that increase the environmental impact.

Councilmember Stevens explained that some of the clients have pets and that is the purpose of the tents and they are not in a visible area to the street.

Charles Hayden, Planning Director explained that some of the clients do not want to stay inside of a building for their own particular reason and tents are made available to them and that is the purpose of the fence.

Mayor Cherveny had looked at the area and felt a shelter would enhance the area providing that the standards are adhered to and there is a need in our community for this service. The Planning Commissioners put a lot of effort and time into this and are to be commended for their work.

Councilmember Flynn questioned whether the 40 beds were needed and it was determined that if people were turned away it might create problems. It was also noted that the more occupants that occupy the facility the greater the fire protection conditions and regulations that are required by the Fire Department such as additional sprinkler systems for the facility.

M/S/C Stevens, Avilla to Uphold the Planning Commission�s decisions to approve the Homeless Shelter with the findings and conditions approved by the Planning Commission.

M/S/C Stevens, Avilla to withdraw the first motion and move to accept item two, to uphold the decisions of the Planning Commission, and modify the conditions of approval with findings supporting modifications of conditions, to limit to two tents with the amended motion equivalent to or better than the existing conditions and that it does not cause adverse impact to mitigated circumstances.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation to void the original agreement (Exhibit A) and accept the revised agreement (Exhibit B) with Red Bluff Meadow Vista Associates for the installation of the water booster station at Meadow Vista Apartments and direct staff to proceed with the work.

Susan Price, City Manager, mentioned that this was a project done with a HOME grant and that it is affordable family housing.

M/S/C Stevens, Avilla to void the original agreement (Exhibit A) and accept the revised agreement (Exhibit B) with Red Bluff Meadow Vista Associates for the installation of the water booster station at Meadow Vista Apartments and direct staff to proceed with the work.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation that City Council discuss and provide input regarding the Development Impact Fee Study and direct staff accordingly.

Susan Price, City Manager, mentioned that these are development impact fees, which are different than the User Fee Study.

The cost to prepare the Development Impact Fee Study will be spread across different impact fees so that it will not be paid from the general fund.

Councilmember Houghton mentioned that people complained that fees are too high. In general the fee structure is consistent with other communities and in most cases less. The purpose of the Development Impact Fees is to mitigate the impacts that come from development.

Richard Crabtree, City Attorney, explained that what a good study does is it quantifies the impacts of new development and says on a per unit basis this is your impact. If those fees are challenged they are required to show a reasonable relationship to the fees and the impacts. The Council is always free to charge a lower fee than the study says is justified and not free to charge a higher fee than is justified.

M/S/C Avilla, Flynn to proceed with the Development Impact Fee Study and direct staff accordingly.

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation to award the Brickyard Apartments Flood Control Project to Valley Paving of Redding, California for the amount: $323,638.83, which includes the base bid work and alternatives.

M/S/C Flynn, Houghton to award the Brickyard Apartments Flood Control Project to Valley Paving of Redding, California for the amount: $323,638.83, which includes the base bid work and alternatives.

PURCHASE OF WASTEWATER COLLECTION DIVISION MINI SEWER CAMERA AND LOCATOR UNIT

Gary Antone, Director of Public Works, reviewed the staff report and gave staff�s recommendation to authorize the sole source purchase of the used sewer mini camera and locator unit in the amount of $5,600 with existing wastewater funds.

M/S/C Stevens, Houghton to authorize the sole source purchase of the used sewer mini camera and locator unit in the amount of $5,600 with existing wastewater funds.

Gary Antone, Public Works Director, reviewed the staff report and the City responded to the overflow situation on the dike at the lowest sludge drying bed at the WWTP, and staff implemented corrective measures to prevent further overflows.

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

1. Authorize a supplemental budget appropriation of $88, 100 for account number 50-50-540-100, and

2. Award the Well No. 10 pump and facility replacement project to Wright Bros., Inc. of Red Bluff, California in the amount of $171,000.

M/S/C Stevens, Avilla to authorize a supplemental budget appropriation of $88, 100 for account number 50-50-540-100, and award the Well No. 10 pump and facility replacement project to Wright Bros., Inc. of Red Bluff, California in the amount of $171,000.

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

1. Authorize a supplemental budget appropriation of $4,700 for account number 10-57-340-100, and

2. Award the City Hall duct inspection/cleaning project to American Duct Cleaning or Redding, CA in the amount of $4,700.

M/S/C Cherveny, Flynn to authorize a supplemental budget appropriation of $4,700 for account number 10-57-340-100, and award the City Hall duct inspection/cleaning project to American Duct Cleaning or Redding, CA in the amount of $4,700.

Councilmember Stevens reminded everyone that there are issues before the Transportation Commission tomorrow as well as a JPA Meeting.

Councilmember Houghton mentioned that he saw that new boat dock and it looks very nice.

At 10:37 P.M. Mayor Cherveny adjourned the meeting to June 3, 2003 at 7:00 P.M., in the Red Bluff City Council Chambers.

EXECUTIVE SESSION

Mayor Cherveny presented the Friday Night Live, Club Live, FNL Kids and FNL Mentoring Month Proclamation to Tina Zastrow, Tehama County Department of Education Coordinator.

Tina Zastrow introduced Maria Gonzales and Paula Cadio, both Friday Night Live Members at Red Bluff High School.

Maria Gonzales gave a description of how the program presents a problem free event that is free of drugs and alcohol.

Paula Cadio explained how the event offers fully prepared leadership and opportunities in a safe environment with responsible behavior. The program is youth driven and youth led.

Approved 5-0

RESOLUTION NO. 21-2003; PROHIBITING PARKING; A PORTION OF THE RED BLUFF CITY PARK PARKING AREA; SATURDAY MORNINGS FARMERS� MARKET

Approved 5-0

LETTER FROM VESPER LODGE #84 TEMPLE ASSOCIATION REGARDING RESURFACING OF ALLEY BEHIND 822 MAIN STREET

CITY HALL ADA FEASIBILITY STUDY

DEPARTMENT REORGINIZATION

RESOLUTION 25-2003; SETTING REVISED SALARY RANGES FOR MANAGEMENT AND MID-MANAGEMENT JOB CLASSIFICATIONS TO BE EFFECTIVE JULY 1, 2003

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

Gary Antone, Public Works Director, reviewed the staff report and the City responded to the overflow situation on the dike at the lowest sludge drying bed at the WWTP, and staff implemented corrective measures to prevent further overflows.

S/B Tere Cherveny

Gloria Shepherd, City Clerk