HomeMy WebLinkAboutCC Minutes 1990-02-20SRCC MINUTES (Regulars ./20/90 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 20, 1990, AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 90-4(a) - (#1) Kenneth Massa vs. City of San Rafael.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 20, 1990, AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
San Rafael City Council Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney;
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
PRESENTATION OF SAN RAFAEL'S VISITOR BROCHURE AND LODGING GUIDE - File 119
Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, presented Council
with San Rafael's first Visitor Brochure and Lodging Guide. Ms. Giambastiani stated the Chamber
of Commerce is in the process of having Walking Tour Brochures made, including a Restaurant
Guide.
Mayor Mulryan thanked Ms. Giambastiani for the brochures, stating it was well done.
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action
on following Consent Calendar items:
Item
Recommended Action
3. Report on Bid Opening and Award of Contract - RESOLUTION NO. 8120 - AWARD OF CONTRACT
Alterations to San Rafael Police Department, FOR ALTERATIONS TO SAN RAFAEL POLICE
Phase II (PW) - File 4-1-434 DEPARTMENT, PHASE II, PROJECT NO.
007-27007528000, TO RALPH CURRAN BUILDERS,
INC. (Lowest responsible bidder, in amount
of $89,997).
4. Report on Bid Opening and Award of Contract
for Furniture, San Rafael Police Department
(PW) - File 4-1-434
RESOLUTION NO. 8121 - AWARDING PURCHASE
OF MODULAR FURNITURE FOR SAN RAFAEL POLICE
DEPARTMENT, TO CORPORATE INTERIORS & DESIGN
(Lowest responsible bidder, in amount of
$72,250).
6. Resolution of Denial of Appeal re Two Lot RESOLUTION NO. 8122 - DENYING APPEAL OF
Subdivision with Design Review Permit; One PLANNING COMMISSION DENIAL OF s89-15 AND
Highland Avenue; Jim Skaar, Owner & ED89-45, TWO LOT SUBDIVISION WITH DESIGN
Appellant; B. Schenck & M. Burgess, Reps.; REVIEW PERMIT AT 1 HIGHLAND AVENUE.
AP 15-202-37 (P1) - File 10-8
7. Adoption of Resolution Certifying RESOLUTION NO. 8123 - CERTIFYING NEGATIVE
a Negative Declaration for the East San DECLARATION FOR THE EAST SAN RAFAEL
Rafael Neighborhood Plan (P1) - File 218 NEIGHBORHOOD PLAN AMENDMENT.
8. Renewal of One -Year Agreement with Orca RESOLUTION NO. 8124 - AUTHORIZING SIGNING
Swim Team for Use of Terra Linda Recreation RENEWAL AGREEMENT WITH ORCA SWIM CLUB/1990
Center Pool (Rec) - File 4-10-172 (ONE YEAR).
9. Resolution of the City Council of the City RESOLUTION NO. 8125 - EXTENDING AN INVITATION
of San Rafael Extending an Invitation to TO CHIANGMAI, THAILAND, TO BECOME A SISTER
Chaingmai, Thailand, to Become a Sister CITY AND INVITING THE PEOPLE OF THEIR CITY
City and Inviting the People of their City TO PARTICIPATE IN SAID PROGRAM.
to Participate in Said Program (CM) -
File 128
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10. Report on Bid Opening and Award of
Contract for Defibrillators, Support
Equipment and Services to be Used by the
San Rafael Fire Department (Gen.Svcs) -
File 4-2-247
RESOLUTION NO. 8126 - AUTHORIZING PURCHASE
OF ONE LOT OF DEFIBRILLATORS, ANCILLARY
EQUIPMENT AND TRAINING SERVICES (FROM
LAERDAL MEDICAL CORP., Lowest Responsible
bidder for Lot Price of $60,627.71).
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Breiner (from Item No. 6 only, due to Potential Conflict
of Interest as her residence is near the area)
The following items were removed from the Consent Calendar for discussion:
2. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1990 - File 1-4
Councilmember Boro referred to Minutes of Regular Meeting of February 5, 1990, page 6,
where he states"... he is concerned about the City taking ownership, if we permit the
developer to go ahead and do not go with Mello -Roos." Should read, "...He stated he is
concerned about the City taking ownership. He is also concerned about permitting the develo
per to go ahead and not using Mello -Roos."
Councilmember Boro moved and Councilmember Shippey seconded, to approve the Minutes of
Regular Meeting of February 5, 1990, as amended.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. APPROVAL OF AGREEMENT WITH MARIN COUNTY LIBRARY FOR BOOKMOBILE SERVICES IN THE CANAL AREA
(Lib) - File 4-13-78
Councilmember Boro stated when the item on the bookmobile services was discussed previously
that in addition to services at Pickleweed Park that the school (Bahia Vista Elementary)
would be included. City Manager Nicolai stated this was discussed at the City/School Board'
Annual Dinner, and said she would speak to the County regarding this matter.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt Resolution.
RESOLUTION NO. 8127 - AUTHORIZING SIGNING OF AGREEMENT WITH MARIN COUNTY LIBRARY
FOR BOOKMOBILE SERVICES IN THE CANAL AREA. (Cost is $1,440 from
November 9, 1989 through June 30, 1990 );every second and fourth
Wednesday)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. APPROVAL OF FINAL MAP FOR BAYPOINT LAGOONS (FORMERLY SPINNAKER ON -THE -BAY, PHASE
I) - File 5-1-292
Planning Director Pendoley stated this is the Final Map for Approval of Phase I of Baypoint
Lagoons (formerly called Spinnaker On -The -Bay), noting the Tentative Map was approved
one year ago in March, 1989. He stated the approval of the map is a ministerial action,
noting State law requires that Council approve the Final Map if it is consistent with
the Tentative Map.
Mr. Robert Marx, resident of Gerstle Park asked that the Final Map not be approved, citing
it does not address the planning for the habitat or the minimum 50 foot setback and lessen-
ing of impact in the lagoon as a productive protective zone. Mr. Marx stated in reading
the previous General Plan, that the new General Plan has many changes, which he does
not agree with. He asked that the Final Map for Baypoint Lagoons not be approved. He voiced
concerns about traffic, toxics and seismic safety, noting he believed that Level of Service
'F' was currently in existence at the Bellam interchange.
After further discussion, Mayor Mulryan informed Mr. Marx that several meetings
were held prior to tonight's meeting on this matter and that improvements regarding his
concerns have been made, noting the Bellam interchange was currently operating at LOS
'C'.
Mr. Pendoley explained that the basic question is comparing two maps, (one before the
Council and the other Mr. Marx held), the recommendation made by the Planning Commission
and staff, noting the two maps are entirely consistent with minor revisions which have
been measured in inches. He stated last week the Planning Commission held a public hearing
on another separate related matter on the landscaping plan for this project, which is
SRCC MINUTES (Regular) 2/20/90 Page 2
SRCC MINUTES (Regular) '20/90 Page 3
a separate approval. The Planning Commission considered input from (MCL) the Marin Conserva-
tion League as well as others and concurred with the staff's recommendation that the land-
scaping was not adequate, needing some modifications in order to meet the intent of the
original Tentative Map approval which was for environmental protection of the lagoon.
He indicated this is the issue Mr. Marx was referring to, but noted this is separate and
apart from the Final Map and is not before the Council at this time.
Mr. Pendoley referred to the liquefaction issue, stating the full and complete Environmental
Impact Report was done when the project had a much higher density and it was determined
that with proper engineering, there was no risk of liquefaction nor any other seismic
risk. With regard to toxics, full and complete toxic examinations have been required
as a result of an oil spill. The clean-up plan has been approved by the Department
of Health Services and is being supervised by the City of San Rafael as well as using
independent consultants.
Mr. Pendoley concluded the original General Plan would have allowed a much higher density
than what is here today, and noted the reason the previous General Plan found a Level
of Service E is because improvements which have since been built were not in place at
that time, and Bellam is now operating at Level of Service C. He stated this project has
been through the Priority Projects Procedure, and in the course of that, traffi:c capacity
at the intersection was observed and the intersection will be operating above the level
required by the General Plan.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution.
RESOLUTION NO. 8128 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "MAP OF
BAYPOINT LAGOONS" (formerly Spinnaker On -The -Bay, Phase I)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Shippey (due to absence from previous actions on "Spinnaker On -
The -Bay, Phase I").
12. PUBLIC HEARING - TO CONSIDER AN ORDINANCE ADDING CHAPTER 12.40 TO THE MUNICIPAL CODE
`SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM (PW) - File 13-11 x
9-3-40 x 1-6-1
Mayor Mulryan declared the public hearing opened.
There being no objections, Councilmember Breiner moved and Councilmember Shippey seconded,
to continue the public hearing to March 19, 1990, as requested by staff.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - UP89-10; APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A USE
PERMIT FOR A SECOND DWELLING UNIT; 26 WILDWOOD WAY; ROBERT & CAROL BUTLER, OWNERS; STEVE
KAY, ARCHITECT, REP.; FAIRHILLS PROPERTY OWNERS ASSN., APPELLANT; AP 10-121-05 (P1) -File
10-5
Mayor Mulryan declared the public hearing opened.
There being no objections, Councilmember Breiner moved and Councilmember Shippey seconded,
to continue the public hearing to March 19, 1990, as requested by staff.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - TO CONSIDER AMENDMENT TO MOBILEHOME RENT STABILIZATION ORDINANCE NO.
1564 TO INCLUDE OWNERS OF LEASED PROPERTY (CA) - File 13-7-1
Mayor Mulryan declared the public hearing opened.
City Manager Nicolai stated the Mobilehome Rent Stabilization Ordinance was amended per
direction of Council, to change the definition of Owner and Operator to include those
who own property and lease it for this purpose, allowing when the Mobilehome Park has
to lease extra properties, rent control will apply to it.
Mr. Stan Yates, President of Contempo Marin Homeowners Corporation referred to the Ordinance,
page 7, first sentence in second paragraph..."Any Homeowner of any park..." should read..."An,
Homeowner in any park,". Second paragraph from bottom of page 7, second line..."shall
apply the CPI..." remove CPI and add..."increases as allowed in Section 20.04.040B" .
Page 10, second line from top of page..."tenant" should read Homeowner(s)". Page 10, 2nd
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paragraph, 5th line..."non expert", should be one word, nonexpert wherever it appears
in Ordinance. Page 12, first paragraph of 20.10.140, last line..."Owner" should read Operator
Page 15, letter "f"..."Other financial information which the Owner is willing to provide;".
After "Owner" add "and/or Operator". Page 18, Section "D", word "homeowner" should be
"Homeowner"; same paragraph, after Park Owner, add "and/or Operator".
Mr. Don Timmer, owner of B -Bar -A Ranch, stated he approved of the Ordinance, noting if
he cannot control the property he leases, there is no way he could keep the rents of his
tenants' down, indicating his costs have increased 100% every year.
There being no further comments from the public, Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL - AMENDING ORDINANCE NO. 1564 ENTITLED 'MOBILEHOME
RENT STABILIZATION ORDINANCE' TO INCLUDE OWNERS OF LEASED PROPERTY"
Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading
of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance
No. 1584 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - UP88-111; APPEAL OF USE PERMIT REVOCATION FOR 605 'B' STREET, JOSEPH
& MICHAEL BROWN, OWNERS; MATT BROWN, REP.; TIBURON HOME CORP.; APPELLANTS, REPRESENTED
BY CHRISTOPHER THOMPSON (P1) - File 10-5
Mayor Mulryan declared the public hearing opened.
There being no objections, Councilmember Boro moved and Councilmember Shippey seconded,
to continue the public hearing to March 19, 1990, as requested by staff.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.40 OF THE MUNICIPAL CODE REGARDING
VEHICLES EXCEEDING SIX FEET IN HEIGHT PARKING NEAR INTERSECTIONS (PW) - File 11-8
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan explained the Ordinance allows the City to impose increased restrictions
on vehicles exceeding six feet in height from parking closer than 100 feet from an intersec-
tion.
Public Works Director Bernardi added that the Traffic Advisory Committee has reviewed
the Ordinance and recommended that Council pass the Ordinance to print.
There being no comments from the public Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 5, CHAPTER
5.40 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED 'STOPPING, STANDING, AND PARKING IN CITY
STREETS" AND ADDING SECTION 5.40.230 ENTITLED 'PARKING VEHICLES EXCEEDING SIX FEET IN
HEIGHT IN CITY STREETS'"
Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading
of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance
No. 1585 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - TS90-1 & FS90-1; REVERSION TO ACREAGE COMBINING THE TWO LOTS AT 815 &
855 'C' STREET INTO ONE LOT, AND THE REMOVAL OF A PREVIOUSLY APPROVED CONDOMINIUM
SUBDIVISION; SAN RAFAEL REDEVELOPMENT AGENCY, OWNER; AP 11-254-07 & 18 (Re: Centertown
Project) (P1) - File 5-1-286 x 10-5 x (SRRA) R-272
Mayor Mulryan declared the public hearing opened, indicating this action will allow the
"Centertown" project to go forward.
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There being no comments from the public, Mayor Mulryan closed the public hearing.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution.
RESOLUTION NO. 8129 - APPROVING A REVERSION TO ACREAGE ENTITLED "CENTERTOWN REVERSION
TO ACREAGE"
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. REPORT ON CRIME IN THE CANAL AREA (CM) - File 9-3-30
Mayor Mulryan referred to Police services and safety of the community, indicating this
is the "heart" of any community. He noted the City has a Police Department that is well-
equipped, with a well-run staff. He stated the size of the Police Department has been
increased more than any other City department.
Mayor Mulryan stated the Canal area is challenging to provide safety with the changes
in the community. He welcomed all discussions tonight on this matter, and informed the
audience that Council appreciated the importance of this subject.
Police Chief Ingwersen stated an increase in crime has risen in the past year by 8 percent
on a City-wide basis, noting the Canal area is no exception to that increase. He noted
his staff report has background on how the Police Department personnel is deployed on
a geographic level for a basic response, and to attack different crime problems in town,
they are on a directed patrol type of response, i.e., as problems are identified, they
try to direct available resources to attack those areas where they will have the greatest
chance of making a change in the type of 'criminal activity.
Chief Ingwersen felt what they need is more than a law enforcement response to the community
problems, noting community problems are not only in the Canal area with drugs and prostitu-
tion, but also on Fourth Street with "street people", and in the entire town as well as the
County regarding the "homeless". He stated law enforcement is not the only answer in resolv-
ing these issues, noting the entire community will have to work together. He noted the
use of drugs is the top social ill in the nation, and that having a Police Officer on
every street corner will not solve these issues. He said the use of drugs needs to be
stopped and children need to be educated on its use.
Chief Ingwersen stated the Canal area has a large number of people the Police do not know
exist because they have not been included in the statistics count, indicating they contri-
bute to part of the problem. He stated the Police are working with the Canal Community
Alliance on a Grant Application, noting money is needed to have some of the programs in
place. He stated in his eight years as Police Chief, many meetings have been held with
the community, having Community Watch Groups,but noted they last for only a few months.
He mentioned areas in town that have low crime profiles because of the community's involve-
ment working with the Police Department as well as with governmental agencies and social
service agencies to provide help to those who need it, noting this is what has to be done
on a long-term basis in the Canal area.
Councilmember Shippey stated they are faced with 2,000 signatures from citizens in San
Rafael to solve the crime problem in the Canal area, noting the problems are not limited
to the Canal area alone. He felt the situation needs immediate action, noting there is
no time to "wait around" to study the situation, asking for neighborhood groups to get
together. Although Councilmember Shippey did not feel law enforcement is the whole answer,
he stated law enforcement is the forefront of the solution. He asked Police Chief Ingwersen
to have a report at Council meeting of March 5, 1990, spelling out what the Police Depart-
ment needs to deal with the crime problem, with the Council delivering what is needed.
City Manager Nicolai stated her direction to Police Chief Ingwersen was to summarize some
of the issues raised at the retreat with Council, noting they were not prepared at this
time with specific recommendations, having to first confirm with Council if this is a
priority to develop the budget. She stated in trying to figure out how much of an impact
they can make on the problem if only looked at it from a law enforcement point of view,
the significant benefits could be overlooked, including code enforcement and other things
that can have as much if not more impact than just adding to the Police Force; and without
knowing the tradeoffs, Council would be making a decision in a vacuum; they could be over-
looking other ways of allocating resources to an area that would have a greater impact
than looking at it from law enforcement. She noted it would be easy tonight to just say,
in response to this petition, have seven more Police Officers, which would throw the budget
out of balance, but this would not be responsible to the community. She said there would
be an expectation that whatever the Council does would solve the problem, but if it does
not make it any better to live there then Council has gone off in the wrong direction.
Councilmember Breiner stated she has been concerned regarding one of San Rafael's Police
Officers being on the Major Crimes Task Force, noting although theinitial charge to
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this group was that they would not necessarily be dealing with "street level drug dealing",
that is one of San Rafael's major problems. She asked for comments from Police Chief Ingwersen
if the City is getting its money's worth from this group, or if there could be more involve-
ment in solving this problem.
Police Chief Ingwersen responded there is more than a single approach, noting the Major
Crimes Task Force is a vital'necessity to this community, including the County of Marin,
because drug problems are being attacked on a much higher level than the San Rafael Police
Department is doing. He stated the Task Force is dealing with million dollar drug operations,
indicating if the Task Force was not doing this, the City would see double or triple the
amount of drugs that are now on the streets, overnight.
Mayor Mulryan interjected stating the City has limited resources, and is paying one officer
a salary, and asked whether it would be better to remove that officer from the Task Force,
and have him work directly with the people in the Police Department, or if it would be
a better deployment of that salary to work on this other level. Chief Ingwersen responded
the money is put to better use by having the officer work on the Major Crimes Task Force
in attacking the higher level drug problems, Countywide.
In response to Councilmember Breiner's suggestion on having a report indicating where
the arrests are being made, i.e. in San Rafael or in outlying areas, Chief Ingwersen asked
Council to understand that when the Major Crimes Task Force intercepts 10 kilos of cocaine,
it is difficult to earmark if 5 kilos of cocaine were to be used in San Rafael.
In addressing the "Citizens' Patrol" previously used involving the community, Chief Ingwersen
commented it is a perfect example of how citizens can become involved with law enforcement
to work toward the common goal of making their neighborhood a crime free area. He noted,
however, some people became overzealous on its interaction. He noted there were some problems
at the start but they were taken care of, and he thought they were working well together
while it lasted. He indicated he would welcome having everyone in the Canal area working
with law enforcement.
Councilmember Boro referred to the Crimes Report through December, 1989, stating it is
more than having Police in the Canal area, indicating the whole City needs to become involved.
He noted drunken arrests, narcotics arrests and prostitution arrests are up significantly.
He said a trust needs to be developed in the community and with City Government; need
for Police presence, and that existing laws need to be reviewed, including having the
San Rafael Redevelopment Agency dollars used to reconstruct some of the facilities in
the Canal area. Councilmember Boro suggested a Neighborhood Task Force be formed with
representatives from the community and Council, working with Police Chief Ingwersen and
City Manager Nicolai to come up with recommendations everyone can help develop. Police
Chief Ingwersen was asked to prepare a report regarding this suggestion, in the future.
Councilmember Thayer asked how effective it would be in having more police in certain
segments of the City, including the Canal area, and Chief Ingwersen responded deterrence
only works to a certain point. He cited the gang problem in the City of Los Angeles, whereby
the Police Chief utilizes 2,000 officers on this problem, and yet the problem continues
day after day. He stated an officer cannot be everywhere at all times, noting if people
want to buy and sell drugs or use the services of a prostitute, the minute an officer's
back is turned, the transaction takes place. He stated deterrent is valid only if there
is a punishment behind it, noting San Rafael does not have that in its system today. He
stated a police officer's presence is a deterrent that if someone does something wrong
the officer will take action by making an arrest which is similar to having a citation
relating to a parking or traffic ticket and ends there. He added even if the wrongdoer
appears in court and is tried and convicted, there is no room in the jail, asking where
then is the deterrence?
Councilmember Thayer suggested that Police Chief Ingwersen submit his report to include
having a coordinated effort between the Planning Department and Code Enforcement; a reacti-
vation of a Citizens' Watch Group in the Canal area, including having a comprehensive
plan from all the agencies, noting this is a multi-level problem having to do with density
in the area and education.
Councilmember Shippey agreed with Councilmembers' proposals, and stated Council needs
to take action in order to have the community's trust, and that hiring more police officers
may or may not have an immediate deterrent effect, but it will have an immediate positive
effect on the part of the citizens and will show that the City's heart is in the right
place.
Ms. Nicolai indicated the different departments are in the process of making proposals,
including the Redevelopment aspect of some of the projects in the Canal area. Some prelimi-
nary ideas will be presented to Council for their reaction, which will affect preparation
of the budget concerning issues relating to what the Police Department and Code Enforcement
Officers are coming up with, by early or the middle of March.
Councilmember Breiner asked staff to check if better street lighting in some areas would
improve the situation.
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Mr. Irving Litchfield, businessman in Francisco Boulevard area stated he did not feel
the Police Department or Council have done their part in deterring crime.
Mr. Paul Silva, resident of San Rafael stated the Canal area is known as the "red light"
district, and felt authorities "turned the other cheek". He mentioned for a while, the
City and Police Department met with the residents and business owners in an effort to
curb crime and the "Canal Citizens On Patrol" was created but did not last. He felt they
did not receive enough assistance from the Police Department, therefore, they disbanded
in early 1989. He suggested the City hire more qualified bi-lingual minority officers,
meet in the Canal neighborhood to hear their concerns, evaluate how to patrol their neigh-
borhood to combat crime, analyze through computer use, statistics in the Canal area and
must respond to their needs. He urged the Police Department to act now before gang -related
activity and other criminals drastically effect the commerce of this City.
Ms. Lorna Alvaro, resident of San Rafael stated more police are needed.
Ms. Cynthia Nelboran, resident of San Rafael stated the Canal community, City Officials
and Police need to come together to work out their problems in the Canal area.
Ms. Gabriella Ritchie, representing the Marin Income Property Associati.an which
represents owners in Marin County, who is part-owner of two complexes in the Canal area,
stated they are affiliated with the California Apartment House Association whose main
focus this year is drug abatement. She then explained what other cities are doing on the
drug issue. She asked for an Ordinance that would allow owners more discretion in evicting
known drug dealers and users.
Mr. Bill Millar, owner of Millar's Restaurant in the Canal area for six years who circulated
one of the petitions, stated he has seen many problems in the area which have progressed
since he owned the restaurant. He requested more public protection.
Mrs. Susan Osborne, owner of Super Subs & Grill in the Canal area stated she is frustrated
daily about the crime in the area and does not know what to do.
Mr. Walter Rice, resident in the Canal area stated he is concerned about law enforcement
not responding in a appropriate manner, and feels this area is neglected. He stated part
of the blame is on the part of the citizens who live in the Canal area, but indicated
the City is not sensitive to the people in the area who have problems with the English
language.
Mrs. Ivonne vanBuuen, representing Canal Community Alliance stated they gathered their
own crime statistics from the San Francisco Examiner which showed a tremendous increase
in the Canal area. She stated during the month of December, two policemen patrolled Fourth
Street between the hours of 11:AM to 8:PM and asked why can't they have the same patrol
in the Canal area. Police Chief Ingwersen responded he was directed to have the patrol
in place for the Christmas shoppers which is a temporary assignment.
Mr. Kam Fong, representing Canal Community Alliance stated he worked with the Laotian
population in the Canal area stating they were concerned about being able to walk in the
Canal area at night, fearing the problems with prostitution, drugs and crime.
Ms. Denice Reisback, suggested when anyone witnesses people selling drugs, they should
take the license number of the car down and call the police.
After further discussion, Council scheduled a Special Workshop Meeting for Tuesday, March
6, 1990 at Pickleweed Park Community Center at 7:30 PM, to continue discussion on this
item.
(Mayor Mulryan left meeting at 10:10 PM).
19. FINAL REPORT OF RESIDENTIAL CARE FACILITIES TASK FORCE (P1) - File 10-5
Vice -Mayor Breiner called upon Planning Director Pendoley to introduce the report. He
stated on August 7, 1989, Council adopted an Interim Urgency Ordinance that halted the
acceptance and processing of use permit applications for Group Care Facilities and Emergency
Homeless Shelters, including approving a work program to study the issue and establishing
a Task Force who was to prepare a report on this matter. He noted that members of the
Task Force were as follows: Mayor Mulryan, Councilmember Boro, Planning Commissioners
Sue Scott and John Starkweather; four citizens of San Rafael who represented the community -
at -large, Linda Bellatorre, Ralph Crocker, Dr. Sushma Taylor and Peter Walz. Mr. Pendoley
thanked the individuals for their time on this committee. He stated the Task Force studied
the distribution of residential care facilities in San Rafael and the County as a whole,and
researched local regulations and standards adopted by Marin cities as well as other Bay
area communities in order to draft an ordinance dealing with residential care facilities.
He noted in November 1989, the assignment was expanded to include issues relating to the
1990 Housing Element update.
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Associate Planner Jane Hershberger stated the Task Force Study included an inventory of
all residential care facilities throughout Marin County, an update of the statistical
summary chart contained in a 1985 report on residential care facilities, and a Bay area
survey of local regulations.
Ms. Hershberger stated between 1985 and 1989 the total number of licensed residential
care facilities in Marin County increased slightly from 84 facilities in 1985 to 90 facili-
ties in 1989. During this period, San Rafael's share of these facilities decreased from
50 percent in 1985 to approximately 42 percent in 1989. Although Novato's share is smaller
than San Rafael, it increased from 8 percent in 1985 to approximately 14 percent in 1989.
There appears to be a trend to the North within the County which is probably associated
with the cost of housing.
Ms. Hershberger noted approximately two-thirds of these facilities are small homes, serving
6 or fewer residents,with San Rafael having 13 large facilities with 7 or more residents.
The Task Force became aware of the Federal Housing Amendment Act which became effective
in March, 1989, containing protection against housing discrimination affecting the disabled
or handicapped persons. Under this Act, the definition of "handicapped" is very broad,
which includes persons who have or have a past record of having a physical or mental impair-
ment, including AIDS patients, individuals recovering from alcohol or drug addiction,
but excludes persons who are illegally using and addicted to controlled substances. She
stated the Act is intended to apply to discriminatory zoning practices and is being inter-
preted to mean that use permit control and disbursal requirements can no longer be required
for residential care facilities, in that they would restrict or limit opportunities for
the disabled. She noted that the City Attorney has confirmed the interpretation of the
Fair Housing Act Amendment. One of the key tasks of housing discrimination within local
codes is whether the same rules and regulations apply to families or groups of unrelated
nondisabled persons. She said it appears the Task Force's objective or charge to specifi-
cally regulate residential care facilities and to address the issue of over -concentration
has been eclipsed by the new Federal legislation. States and localities have been given
40 months to comply with the Act, however, a special enforcement section of the Justice
Department has been established to insure local compliance, and the City Attorney has
informed the Task Force that the enforcement action has started on the East Coast and
is moving West. California State regulations,which include a 300 foot separational require-
ment for these facilities,are presently inconsistent with the new law. San Rafael's Zoning
Ordinance is also inconsistent with the Fair Housing Act Amendment, in that the City require
use permits for group care facilities within its residential zoning districts.
Ms. Hershberger stated that the Task Force has identified two options for consideration
by the Council. First, to revise the Zoning Ordinance consistent with the current interpre-
tation of the Fair Housing Act Amendment. Second, Council may wish to monitor future court
cases on the Act and to revise the regulations to be consistent with court decisions and
to also await revised State regulations. Staff recommends that Council accept the final
report of the Residential Care Facilities Task Force and select one of the options identi-
fied with respect to the City's regulation of group care facilities in light of the Fair
Housing Act Amendment.
Vice -Mayor Breiner commended Ms. Hershberger for her report.
Councilmember Boro referred to the new Federal legislation, noting States have 40 months
to comply. He stated normally, the way changes of this type are implemented into the Housing
Element, is that as the law trickles down from the Federal to the State, and in turn the
Cities comply with the State, that this is an option. He stated as they go forward and
if they are challenged, they may have to react more directly, and indicated there should
be more discussion as to the pros and cons of moving ahead to implement the Federal Law
at this point or to take a more conservative approach and wait until this becomes more
in practice.
Planning Director Pendoley stated the City is presently in compliance with State law,
noting the typical process in a situation such as this where they have evolving legislation
responding to changes on the Federal level, would be to respond to the State legislation
as it comes on line.
Councilmember Shippey asked if it would be reasonable to revise the Ordinance in the course
of the general zoning revision Planning Department is working on, and Mr. Pendoley responded
this is still evolving legislation and still being interpreted by the courts, indicating
the committee wrestled with the question, "Is it still an advantage to the City to be
out in the lead?", or "Should we wait and see what the State does?" He indicated to the
Council that it is their decision to make.
After further discussion, Councilmember Boro moved and Councilmember Thayer seconded,
to accept the final report of the Residential Care Facilities Task Force, including the
acceptance of Option B, with staff to continue to monitor this issue throughout the State
of California as it is implemented on the State level and as soon as Council has something
definitive they can work with locally to move ahead, and that they should have a plan
SRCC MINUTES (Regular) 2/20/90 Page 8
SRCC MINUTES (Regular) 2. /90 Page 9
on communicating with the neighborhoods. Council also agreed to send a commendation to
the non-members of the Council, Planning Commissoners Sue Scott and John Starkweather,
citizens Linda Bellatore, Ralph Crocker, Dr. Sushma Taylor and Peter Walz, for serving
on the Task Force, including staff member Jane Hershberger, Associate Planner.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
20. REPORT ON SPECIAL HOUSING NEEDS OF THE HOMELESS IN THE SAN RAFAEL AREA FOR INCLUSION IN
1990 HOUSING ELEMENT UPDATE (P1) - File 13-16 x 115
Planning Director Pendoley stated State Housing law was recently amended to require local
governments to plan for the provision of emergency shelters and transitional shelters
for the homeless. This law will be in effect July 1, 1990, when the City's updated Housing
Element is due. He stated the City is required to do the following: 1) Develop an estimate
or count of daily average number of homeless persons and families in the City's jurisdiction.
2) Develop a count of available shelter beds. 3) Prepare an analysis of the shortfall
of available facilities to accommodate the homeless in the City. 4) Identify adequate
sites to facilitate the development of homeless in transitional facilities. He stated
staff, through the Task Force, has prepared a report for Council's consideration, and
requested Council to accept the report and refer it to staff's consultant who is preparing
the Housing Element to be incorporated into the Housing Element and to have feedback on
estimates. Staff recommends that staff continue to monitor the estimates that are developed
to hopefully use the estimates that will be prepared by the Blue Ribbon Committee on the
homeless in Marin County.
Associate Planner Jane Hershberger started with the population estimates, stating in order
to estimate the size of San Rafael's homeless population, they applied a 20 pecent local
share formula to Countywide estimates of the homeless. The 20 percent local apportionment
ratio is a straight City to County population ratio. There is a wide range in the estimates
of Marin County's homeless. The Task Force generally felt that a higher estimate in the
order of 1,500 to 2,000 is realistic; however, some felt that the estimate may be too
high and that there may be more support for use of the mid-range estimate in the order
of 1,000 homeless Countywide. They anticipate that the Homeless Working Group, the Blue
Riboon Committee established to work on the long-term needs of the homeless will be issuing
a Countywide population estimate in their final report. She noted the Task Force recommends
that this estimate be used in the 1990 Housing Element update. She stated if the Homeless
Working Group does not generate or recommend a specific Countywide homeless population
estimate, the Task Force recommends use of the higher use estimate, 1,500 to 2,000, unless
otherwise directed by Council.
Ms. Hershberger stated that existing shelter and transitional resources within San Rafael
include 4 facilities with a total of 82 beds, and an assessment of the City's unmet needs
will depend on which Countywide homeless population estimate is used. The State Housing
Element law requires cities to identify adequate sites to facilitate the development of
shelters and transitional housing programs. The Task Force recommends a zoning strategy
for emergency shelters and transitional housing programs. The zoning strategy would require
conditional use permits for emergency shelters and administrative permits for transitional
housing programs in certain zoning districts. They also recommend standards for both types
of facilities.
Ms. Hershberger stated the Fair Housing Amendment Act may apply to emergency shelters
and transitional housing programs; however, the Task Force felt that this interpretation
of the Federal law is less clear than in the case of residential care facilities, because
the Act does not contain the language directly relating to emergency facilities and there
have been no court cases specifically involving these types of uses. She noted if it is
determined through future court cases that the Fair Housing Amendment Act restricts or
limits local regulations of emergency shelters, the recommended zoning strategy may need
to be modified in the future.
Finally, Ms. Hershberger stated the Task Force report contains proposed policy statements
on neighborhood mix, neighborhood relations and admission priorities for emergency shelters
that would be included in the Housing Element update. Staff requested guidance from Council
in regard to the estimate to be used in the Countywide homeless population, that Council
accept the Task Force's report on the special housing needs of the homeless and have staff
forward the report to the City's housing consultant for inclusion in the 1990 Housing
Element.
Vice -Mayor Breiner thanked Ms. Hershberger for her thorough report.
In response to Councilmember Shippey's question if there is an urgency to have an estimate
sooner than when the Blue Ribbon Committee has their estimate, Planning Director Pendoley
responded time is probably an advantage to having this issue "gel" more. He noted the
Blue Ribbon Task Force will probably have an estimate everyone will agree with.
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Councilmember Thayer stated she was concerned about the 20 percent unmet need in San Rafael,
noting San Rafael is not typical with the rest of the County. She indicated we have 40
percent of all the social agencies that attract the homeless and stated it may be a higher
figure than suggested.
Mr. Pendoley explained that the State Housing Element guidelines have two methods to make
an estimate: 1) Do a count. 2) Straight proration based on percent of population. He stated
we have 20 percent of the population in the County.
Ms. Hershberger stated that the Marin County Planning Department is using the same formula
for estimating the homeless population within the unincorporated areas.
Mr. Stefan Press homeless person, asked Council not to forget the "hidden" homeless people
who live with friends and who are not visible.
Mr. Irving Litchfield resident of San Rafael, stated he is seriously thinking of turning
his Bermuda Palms Hotel over to the homeless, free for three months of the year during
the cold season.
Councilmember Shippey moved and Councilmember Boro seconded, to accept staff's report,
and directed staff to forward the report to the Consultant for inclusion in the 1990 Housing
Element Upadate, and to adopt a "wait and see" attitude concerning the Blue Ribbon Commit-
tee's recommendation.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ADD ITEMS
1. LEAGUE OF WOMEN VOTERS AND ABAG - File 111
Vice -Mayor Breiner reminded Council and members of the audience, that on Thursday, March
1, 1990, the League of Women Voters and ABAG are jointly sponsoring a meeting on Affordable
Housing, from 7:30 PM to 10:00 PM, (to be held in the San Rafael Council Chambers).
2. JOINT STATE AND COUNTY PRISON FACILITY - File 10-2
Councilmember Boro stated a letter was received from Mr. Campanella proposing the Joint
State and County Prison Facility be at San Quentin, and requested that the Planning Depart-
ment monitor this matter, especially the traffic count at the Bellam Interchange.
BOARD OF LIBRARY TRUSTEES - File 9-2-3
There being no further business, Vice -Mayor Breiner adjourned the meeting in memory of
Clarice Kraemer who passed away this morning, who served 10 years on the Board of Library
Trustees, was a founder of the first "Friends of the Library" group, and who was an original
advocate of Library Outreach to the institutionalized elderly and homehound.
ADJOURNMENT: 10:50 PM
JEANNEI.�-=EONCI I , Cft er c '
Y
APPROVED THIS DAY OF 1990
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/20/90 Page 10