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HomeMy WebLinkAboutCC Minutes 1998-03-02 SRCC MINUTES (Regular) 3/2/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 2, 1998 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM None ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:05 PM TOUR OF TREES AT DOMINICAN COLLEGE - File 104 Sandra Sellinger invited the Mayor and Councilmembers to tour the trees at Dominican College on Saturday, March 7th, which is California Arbor Day. Ms. Sellinger noted we were very lucky to have these trees at Dominican College, pointing out tours such as this are usually only for those in the trade. She explained this was a group of trees that has been recognized for their importance to the community, noting they are used as a "living library". She reported the tour would explain how these trees thrive in Marin's climate and soil, noting the tour would be led by Peter Anducci of the international organization of Bartlett Tree Experts, as well as Dr. Len Burkhart of the Davey Tree Research Station in Livermore. Ms. Sellinger stated the tours would include discussions of the types of trees and why they are successful, and would provide an opportunity to photograph the trees. She reported they know some of these trees are over 100 years old, because they appear in photographs from the 1880's, and pointed out it was very uncommon to have this kind of a collection of trees, pointing out that among the trees is a Giant Sequoia. Ms. Sellinger reported they had just received a grant to purchase trees for planting at McNear's Beach and McInnis Park, and she hoped the Mayor and Councilmembers would also be able to attend those ceremonies. Mayor Boro thanked Ms. Sellinger for her constant enthusiasm, and for making us aware of our great heritage of the trees in San Rafael. FAIR, ISAAC OWNER PARTICIPATION AGREEMENT - File 12-4 x (SRRA) R-368 Gary Ford referred to recently adopted Resolution 10027, in which the Council approved an Owner Participation Agreement. He cited the last paragraph, quoting, "The Agency will sell the property to the Developer for approximately $2.1 million, an amount which is at least equal to the estimated Fair Market Value of the property for its highest and best use under the plan". Mr. Ford stated he received a copy of an appraisal dated July 23, 1996, although earlier attempts by his attorney to obtain this information were estoppled by the City Attorney and the Attorney for the Redevelopment Agency, citing exemption under the Public Records Act. Mr. Ford stated he was asserting violation of the Brown Act, as well as various other civil codes, that inadequate notice was given to him, as well as the public about this appraisal. He stated it was not made part of the public record, and he did not receive a copy until after the meeting of 2/17/98. Mr. Ford stated Council voted to accept that the $2.1 million was Fair Market Value for this property. Referring to Redevelopment Agency Resolution 96-55, he reported that in 1996 the Redevelopment Agency instructed the Executive Director to obtain two appraisals, one for a Fair Reuse, and one for Fair Market Value; however, the only appraisal in the public record is the Fair Reuse appraisal. He further asserted that under Resolution 10027 the estimated Fair Market Value of the property is distinctly different than the Fair Reuse, and the appraisal only cites Fair Reuse, not Fair Market Value; therefore, he believed there was a distinct conflict between the appraisal value and the Resolution. Mr. Ford reported the appraisal is dated 7/23/96, and he felt that for the City Council to rely on an appraisal as outdated as 1996 was unbelievable, noting that was eighteen months ago, and the valuation of the property would have gone up subsequent to that. Therefore, he believed the Council was acting in breach of its fiduciary responsibility. In light of this fact, Mr. Ford requested Council, as well as the Redevelopment Agency, review the Fair Market Value appraisal, and/or whatever they have as an appraisal, and determine whether that is consistent with their instructions, and with the mandate to sell the Corporation Yard. City Attorney Ragghianti stated he had not seen these documents, and noted it was important that Agency Attorney Rosenthal see them immediately. He stated he would forward them to Mr. Rosenthal in the morning. MILL STREET SHELTER - File 9-3-16 x 233 Melany Kramer stated she appreciated that an investigation of the Mill Street Shelter was underway. She asked Council to use Roberts Rules of Parliamentary SRCC MINUTES (Regular) 3/2/98 Page 1 SRCC MINUTES (Regular) 3/2/98 Page 2 Procedure and move the issue on which most people were in attendance (Agenda Item #12) to the front of the Consent Calendar, rather than under Old Business. DISABLED ACCESS TO THE POLICE DEPARTMENT - File 100 x 13-1-1 x 9-3-11 Casey Fields reported his friend, Elizabeth Campos, was being stalked by a criminal, and has received little cooperation from the Police Department, noting this has been an ongoing nightmare for Ms. Campos. He asked the City Manager and the Police Department to make City Hall accessible to the disabled, particularly the Police Department. City Manager Gould stated staff would be meeting next Friday to discuss Ms. Campos' issues, and accessibility to the Police Department on the weekends. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Approved as submitted. Monday, February 2, 1998 and Special Closed Session Meeting of Monday, February 9, 1998 (CC) 2. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1720 - An Ordinance of the City of San Rafael Ordinance No. 1720. Authorizing the Execution of an Amendment to a Development Agreement Between the City of San Rafael and Sidney Hendricks, Dennis Horne, Spinnaker Point Development, Inc., Pablo Land Corporation, and Rockport Land Corporation ("Owner") (Spinnaker Point Subdivision, formerly known as Baypoint Lagoons Subdivision) (CA) - File 5-1-292 x 3-1-1476 3. City Work Plan Review (CM) - File 237 Accepted report. 4. FAIR ISAAC OFFICE PARK PROJECT: (CD) - File 10-3 x 10-5 x 10-7 x (SRRA) R-368 a. SECOND READING AND FINAL ADOPTION OF Approved final adoption ORDINANCE NO. 1721 - An Ordinance of Ordinance No. 1721. of the City of San Rafael, California, Adopted by Reference By Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property From PD (Planned Development) District to PD (Planned Development) District for the Fair, Isaac Office Park Master Plan (Re: ZC97-2, Fair, Isaac Office Park, Second Street, Lindaro Street, and Lincoln Avenue, AP Nos. 13-012-120 (Ptn), 13-021-100 and 13-021-190) (CD) b. SECOND READING AND FINAL ADOPTION OF Approved final adoption ORDINANCE NO. 1722 - An Ordinance of the of Ordinance No. 1722. City of San Rafael Approving the Development Agreement for the Fair, Isaac Office Park Project, Second Street, Lindaro Street, and Lincoln Avenue (AP Nos. 13-012-120 (ptn) 13-021-100 and 13-021-190) City File No. DA-97-1 (CD) 5. 1996/97 Financial Audit; 1996/97 Single Audit, Accepted report. Audit Act Report, Gann Appropriation Limit Report and Management Letter (Admin. Svcs.) - File 9-3-20 6. Agreement for Professional Services Between the RESOLUTION NO. 10028 - City of San Rafael and Resource Management RESOLUTION AUTHORIZING AN International, Inc. to Conduct 1998/1999 AGREEMENT WITH RESOURCE Biological Monitoring of the Spinnaker Lagoon (PW) MANAGEMENT INTERNATIONAL, INC. (PW) - File 5-1-292 TO CONDUCT 1998/1999 SRCC MINUTES (Regular) 3/2/98 Page 2 SRCC MINUTES (Regular) 3/2/98 Page 3 BIOLOGICAL MONITORING OF THE SPINNAKER LAGOON. 8. Resolution Authorizing the Use of State COPS RESOLUTION NO. 10029 - Program Supplemental Services Funds in the RESOLUTION AUTHORIZING THE USE Amount of $122,501 for Police Overtime for OF STATE COPS PROGRAM Community Oriented Policing (PD) SUPPLEMENTAL SERVICES FUNDS IN - File 9-3-30 THE AMOUNT OF $122,501 FOR POLICE OVERTIME FOR COMMUNITY ORIENTED POLICING AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Mayor Boro, from Item #4 a. & b. only, due to conflict of interest. The following item was removed from the Consent Calendar for further discussion: 7. REPORT ON CITIZENS ADVISORY GROUP FOR CALTRANS (PW) - File 9-2-47 Mayor Boro noted the staff report states Caltrans has agreed to fund this study out of current revenues, but in meeting with the Congestion Management Agency last week, he discovered there has been a change in the way Caltrans now funds these studies. Therefore, while Caltrans is still willing to do this soundwall study, which the City, Supervisor Kress, and Senator Burton support, there will have to be discussion with Caltrans as to the source of funding. Councilmember Cohen referred to the establishment of a three-member ad hoc group to track this issue, stating that while he did not know what the appropriate time for that is, he felt it was important, noting this is a group of people with a fair amount of knowledge regarding this issue. Mr. Cohen stated much of the focus of the committee the Council is sunsetting was on this issue, and he believed there were some good citizen resources we should take advantage of. Mr. Cohen asked if a staff report would be coming back before Council? Mayor Boro stated it would, as soon as we received word from Caltrans on when they plan to do the study. Councilmember Cohen asked if this had been communicated to the members of the Ad Hoc Committee, and Public Works Director Bernardi stated it had. Councilmember Miller moved and Councilmember Heller seconded to: a) accept the report sunsetting the Citizens Advisory Group for Caltrans, b) direct staff to prepare appropriate resolutions for each Group member for presentation at a future Council meeting, and c) direct staff to invite three individuals who would be interested in serving on the ad hoc sound group, to observe Caltrans' progress on sound issues. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 9. PRESENTATION OF RESOLUTION OF APPRECIATION TO BILL TUIKKA, ASSOCIATE PLANNER, EMPLOYEE OF THE QUARTER ENDING DECEMBER 31, 1998 (CM) - File 102 x 9-3-17 Mayor Boro announced Mr. Tuikka was unable to attend the meeting. PUBLIC HEARINGS: 10. PUBLIC HEARING - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, SECTIONS 4.08.060 AND 4.08.070 PRESCRIBING REVISED REGULATIONS GOVERNING CONDITIONS FOR ABOVE- GROUND STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUID AND LIQUIFIED PETROLEUM GASES (FD) - File 9-3-31 Captain Forrest Craig, Hazardous Materials Coordinator, stated the Fire Department currently regulates and permits the installation of above-ground flammable liquid and combustible liquid storage tanks, and liquified SRCC MINUTES (Regular) 3/2/98 Page 3 SRCC MINUTES (Regular) 3/2/98 Page 4 petroleum gas tanks. These activities were regulated under the provision of the Uniform Fire Code, and codified in Title 4 of the Municipal Code. He stated the Ordinance before Council would amend the Sections in four key ways. First, the Ordinance, as amended, would increase the maximum quantity of flammable and combustible liquids allowed to be stored in above-ground tanks from 1,000 gallons to 5,000 gallons, or up to 10,000 gallons, depending upon the Zoning District, and its commercial or industrial nature; second, the Ordinance, as amended, would increase the maximum quantity of liquified petroleum gas allowed to be stored at any one site from 500 gallons to 1,500 gallons, depending upon the Zoning District, and its commercial or industrial nature; third, all new installations and existing tank upgrades would be subject to fire resistive construction standards, prescribed by the Uniform Fire Code Appendix, and Underwriter's Laboratory listings. A greater fire protection and Environmental Design Standard would be required than that which currently exists; and the fourth key amendment would require all new above-ground tank installations and existing tank upgrades to be subject to an Environmental Design Review by the Community Development Department, prior to the Fire Department issuing approval of a permit for installation. Captain Craig stated the Fire Department and Community Development staff had jointly reviewed the Zoning Districts and the Application Review Process, and found it consistent with Fire Protection and Community Development Planning Policies. He noted the Ordinance, as proposed, has no fiscal impact to the City, and no negative economic impact to local businesses. The Ordinance would provide underground storage tank owners financial relief and flexibility in meeting the State mandated upgrade, which is to be accomplished by December 22, 1998, without compromising fire protection or environmental quality. Councilmember Cohen noted the staff report states the current Code does not allow marinas or other commercial/industrial areas to install above-ground fuel storage and dispensing tanks, and asked if that was something that would be changed by these amendments, subject to the restrictions outlined by Captain Craig? Captain Craig stated that was correct. Mayor Boro declared the public hearing opened, and invited public comment. There being no public comment, Mayor Boro 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 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, SECTIONS 4.08.060 AND 4.08.070, PRESCRIBING REVISED REGULATIONS GOVERNING CONDITIONS FOR ABOVE- GROUND STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS AND LIQUIFIED PETROLEUM GASES". Councilmember Heller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance No. 1723 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 11, CHAPTER 11.28, SECTION 11.28.090 OF THE SAN RAFAEL MUNICIPAL CODE, TO ADD NEW SUBPARAGRAPHS (c), (d), AND (e), AUTHORIZING THE CITY TO DO UNDERGROUND UTILITY CONNECTIONS TO PRIVATE PROPERTY WHERE THE OWNERS OF SUCH PROPERTY HAVE FAILED TO MAKE SUCH CONNECTIONS, AND AUTHORIZING THE CITY TO LEVY ASSESSMENTS AND LIEN SUCH PROPERTY FOR THE COST OF THE CITY'S WORK (PW) - File 4-1-488 Public Works Director David Bernardi reported that in an Undergrounding District the property owner is required to modify the service to the existing structure in order to meet the wires coming from underground, instead of from overhead. He stated the current Ordinance only provides that if a property owner fails to do this after proper noticing, the City can go in and, basically, cut the wires. After reviewing this with the City Attorney's Office, staff felt it would be more prudent if the Ordinance were revised to allow the City to perform the modifications to the existing electrical service, and then put a lien on the property, rather than just simply cut the power. Councilmember Heller asked how many properties would be involved in this? Mr. Bernardi stated there were thirteen properties. She asked if the SRCC MINUTES (Regular) 3/2/98 Page 4 SRCC MINUTES (Regular) 3/2/98 Page 5 owners had been previously contacted by the City and P.G.& E.? Mr. Bernardi stated they had been notified at least five times. She asked if there had been any reasons given as to why they had not yet complied? Mr. Bernardi stated none that he was aware of. Councilmember Cohen noted the staff report states the City would send an invoice for the cost of the work, plus an administration charge, and if they do not pay the bill, the property would be liened. Mr. Cohen asked if the City would be entitled to charge interest? Mr. Bernardi stated he thought we were, if it was an administrative charge, which would represent the cost of the money the City was loaning the property owner. Mr. Cohen referred to the lien against the property, which would remain until the property was sold, and asked if there was a way we could place a tax lien? City Attorney Ragghianti stated these liens would become part of the tax bill, and would be assessed against the property in a manner similar to real estate taxes. Therefore, it would appear on the tax bill, and when the taxes are paid, the lien gets paid. However, if the taxes are not paid, then they accrue, and after three or five years, they can default the property and sell it. Mr. Cohen asked if that meant the City could seek a judgement, and not have to wait until a property goes on the market and is sold before we can recapture our money? Mr. Ragghianti stated the City would have to wait until either the lien is paid by the property owner, or until the property is tax-sold, noting the lien simply allows the City the mechanism to record it against the property, and have it collected on the tax bill. Mr. Cohen stated he was concerned that, in essence, the City was going ahead and doing the work for those people who have refused to cooperate with the City's undergrounding project, and have refused to act responsibly, as the other property owners have. He stated, based on the staff report, the City was probably going to do it in a more expensive fashion, and charge administrative fees and interest, as well. However, he still wished there was a way to put more teeth in our ability to recover the money, rather than just say that their reward for being recalcitrants is that the City will do the work for them. He stated he was concerned with the message that sends. Mr. Bernardi stated the Ordinance, as it currently stands, gives the City the most power, allowing us to simply cut the wires, and then the property owners can connect to the underground service whenever they choose to. Mr. Cohen noted Mr. Bernardi had made mention of discussing this with the City Attorney's Office, and asked if there was some reason we would not want to adopt that strategy? Mr. Ragghianti stated there was, noting that while he, himself, had not taken part in those discussions, he believed it was fair to state Assistant City Attorney Guinan had felt some legitimate fear at simply cutting power to thirteen residents and walking away. Mr. Ragghianti stated he did not believe it would be a good idea, and did not believe it was something we would want to do. He strongly suggested that if that was the only other alternative, that the City lien the property. Mayor Boro declared the public hearing opened, and invited public comment. Lori Schifrin, resident of San Rafael, asked the total number of properties involved in the undergrounding district? Mr. Bernardi stated there were approximately seventy-five. Ms. Schifrin pointed out that 13 out of 75 properties was a high percentage, and Mr. Bernardi agreed that it was. She suggested perhaps the City should attempt to find out why there are so many, noting there must be a reason why so many have not complied. She stated she could understand the City being fearful of cutting someone's wires. There being no further public comment, Mayor Boro closed the public hearing. Mayor Boro asked if the old connections were still in existence at those properties that have not provided the facilities to connect to the new undergrounding? Mr. Bernardi explained part of the undergrounding project was to take the wires from where they are being placed in the street, and then the property owners, essentially, get a free run of 300 feet from the street to their property. Mr. Bernardi stated this has already been run onto the property, so it is ready to be connected to the existing meter box. He stated the final connection needs to be made, and the overhead wires need to be cut and connected to the underground service. Councilmember Heller stated she did not feel the City should just cut the service and walk away, noting that could, in some cases, even be life threatening. Therefore, she agreed we should just do the work, as a City, and then bill them. She added that if there was a way to put some teeth into this by adding interest, she would be in favor of that, because these SRCC MINUTES (Regular) 3/2/98 Page 5 SRCC MINUTES (Regular) 3/2/98 Page 6 property owners were not working in concert with the City, and the rest of the properties have been. She also noted they have had over two years' warning, and knew they were going to have to do this. She pointed out this is an improvement to their properties, and she believed they would benefit from it in the future. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 11, CHAPTER 11.28, SECTION 11.28.090, OF THE SAN RAFAEL MUNICIPAL CODE, TO ADD NEW SUBPARAGRAPHS (c), (d), AND (e), AUTHORIZING THE CITY TO DO UNDERGROUND UTILITY CONNECTIONS TO PRIVATE PROPERTY WHERE THE OWNERS OF SUCH PROPERTY HAVE FAILED TO MAKE SUCH CONNECTIONS, AND AUTHORIZING THE CITY TO LEVY ASSESSMENTS AND LIEN SUCH PROPERTY FOR THE COST OF THE CITY'S WORK (as amended to include, "interest to be charged to the extent permitted by law)". Councilmember Heller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance No. 1724 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 12. REPORT ON FORMATION OF THE AD HOC DINING ROOM RELOCATION COMMITTEE AND APPOINTMENT OF TWO CITY REPRESENTATIVES (CM) - File 9-2-49 x 233 City Manager Gould reported that after four and a half hours of testimony last Wednesday night, the City Council and Redevelopment Agency unanimously endorsed a proposal to the St. Vincent de Paul Society regarding the relocation of the Dining Room. He noted it added the following critical points: 1) the Dining Room would be relocated in the Downtown, specifically in the Ritter Street area, as defined by Ritter Street, Second Street, Lincoln Avenue, and Lindaro Street; 2) the Dining Room would operate under a Use Permit, similar to that of Ritter House; 3) the St. Vincent de Paul Society would strictly enforce a Code of Conduct, in and around the Dining Room; 4) St. Vincent de Paul would be encouraged to cooperate with Ritter House for the provision of services to the poor, including the sharing of facility staff and/or other resources; 5) St. Vincent de Paul must participate in an ongoing neighborhood committee, to avoid and/or resolve neighborhood issues related to the Dining Room operation; 6) an independent audit is to be conducted to determine the number of patrons currently being served at the Dining Room, and having established that number and a factor for growth, a maximum number is to be set to be served at the new location. Additional diners would be served at alternative satellite sites. Mr. Gould stated it was also decided an Ad Hoc Dining Room Relocation Committee would be immediately formed, with representatives from various stakeholder groups, to select a specific relocation site in the Ritter Street area, and provide the specifics of the above listed parameters during a 90 day period. During that 90 day period, a moratorium on the redevelopment activity in the "B" Street Redevelopment Project would also be observed. Mr. Gould reported that during the meeting last week, the Executive Director of St. Vincent's expressed interest in the City's proposal, as a way of resolving the long standing disputes between the City, residents, businesses, and the Dining Room. Consequently, Council directed that staff immediately commence the formation of the Ad Hoc Committee, which would have the following representatives: two from the St. Vincent de Paul Society; two from the City; two representing local businesses; two representatives from the Neighborhood Associations; two representing social service providers; two representatives of the faith community; two Dining Hall patrons; and one representative from the Human Rights Commission. He stated Council further directed that all meetings of the Ad Hoc Committee would be public, and would be led by a professional facilitator. Council further directed the Ad Hoc Committee would report its results to the City Council, no later than early June, for consideration and action. Mr. Gould reported that since last week's meeting, staff has set about determining the best way to obtain the various representatives from the stakeholder groups. He noted St. Vincent's was asked to name its two representatives, and tonight staff was asking Council to do the same for the City. He noted the Chamber of Commerce has been asked to name one SRCC MINUTES (Regular) 3/2/98 Page 6 SRCC MINUTES (Regular) 3/2/98 Page 7 representative, as well as the Business Improvement District, which would comprise the other representative of the business associations. Mr. Gould reported he had spoken with the President of the Federation of San Rafael Neighborhood Associations, Linda Bellatore, and asked her to name two of her members to represent the residents on this issue. He stated he had also asked the Marin Interfaith Council to name two representatives of the faith community. Regarding social service providers, Mr. Gould noted it struck him as obvious that Ritter House should be represented on the Ad Hoc Committee, and he also asked that the Marin Continuum of Housing and Services name the other representative; however, he was informed the Continuum had considered the matter, and was unable to make a recommendation. Mr. Gould noted Council had directed that the diners, themselves, be represented on this committee, but that St. Vincent's not name the diners. Mr. Gould reported he had spoken with Mr. John Wilson- Bugby of Homeward Bound and asked, because his organization houses a number of the diners, that he work with the diners to determine some process in which the diners, themselves, would select two representatives. Mr. Gould stated he had also contacted the Human Rights Commission, to ask them to notify the City of their representative. Mr. Gould asked that everyone notify the City of their representatives no later than Friday, March 6th. Mr. Gould stated the City was currently soliciting names of an experienced facilitator/mediator, noting we have the names of two organizations that may be able to provide suggestions. He reported the St. Vincent de Paul Society has also suggested the name of a retired Superior Court Judge for consideration, who has expressed interest in facilitating or mediating this process. Mr. Gould noted the City has suggested the "B" Street Community Center as the location of the meetings, as it is adjacent to the Downtown, and thereby accessible, and it is also expandable, so if there are a lot of people in attendance, everyone can be accommodated. Mr. Gould stated the City has suggested members of the public be encouraged to attend, and offered an opportunity to speak at each and every meeting. Mr. Gould stated it was expected the first order of business of the Ad Hoc Committee would be to set the ground rules for its operation, and set future dates for its meetings, noting it would be expected that the Ad Hoc Committee would meet at least every other week during this 90 day period, to carry out the task assigned. Mr. Gould recommended the first meeting be held next Thursday, March 12th, between 4:00 PM and 6:00 PM at the "B" Street Community Center. He also noted the City had received a letter from the legal office of Protection in Advocacy, Inc. in Sacramento, suggesting Council expand the Committee, which is already at 15, by two more members, to include two additional representatives of dining hall patrons, specifically those with disabilities. Mr. Gould noted no special direction had been given to Homeward Bound to select Dining Hall patrons with or without disabilities, and he suggested that at 15, the Committee was already a significant size; therefore, with Council's approval, he would recommend sending a letter to Protection in Advocacy, Inc. encouraging their representatives to attend the meetings, but choosing not to expand the Committee at this time. Mr. Gould stated staff was recommending Council name one or more of its members to represent the City on this Committee, and noting if they were to choose a staff member, he would recommend Police Chief Cam Sanchez, who has agreed to serve on the Committee if that is Council's pleasure. Mr. Gould acknowledged being on the Committee would be a major time commitment; however, he believed it was our best opportunity to work within this framework to resolve these long standing issues between the City, the Dining Hall, and the community. Mr. Gould reported the fiscal impact was somewhat unknown at this time, as it would primarily be only the cost of the facilitator, and he did not have that information as yet. He noted he hoped to engage the facilitator by the end of the week. Mr. Gould suggested if St. Vincent's was uncomfortable with the City's choice, that they notify us, or if they did not like the City paying the facilitator, the City would share the cost with them, if that is their choice. Mr. Gould reported he has had several conversations with representatives of St. Vincent de Paul about the make up of the Committee, and while they were able to come to agreement on most issues, he noted it was his understanding there were a few outstanding issues St. Vincent's wished to address at this time. Mr. Gould asked Council for direction as to the composition of the Committee, and on the City's representatives. Councilmember Miller stated he was concerned regarding the dining room patrons and their self-selection process, noting he wanted to make sure the role played by Homeward Bound was as a facilitator to the diners in their selection, that the diners, themselves, would make the choices, and it would be a self-selection process, not having the representatives named by SRCC MINUTES (Regular) 3/2/98 Page 7 SRCC MINUTES (Regular) 3/2/98 Page 8 Homeward Bound. Mr. Gould stated that was correct. Mr. Miller commended Mr. Gould for the recommendation of Chief Sanchez as a member of the Committee, primarily because as we go forward with the Community Policing, this is exactly what Community Policing is all about. He felt very strongly that the Council should appoint Chief Sanchez. Councilmember Miller stated he preferred not to have alternates appointed to the Committee, as he did not want people coming and going during this process, noting it was very destructive to the process if members do not show up, and alternates have to be called in. Mr. Miller stated he was pleased to see there would be specific times the Committee meets, and a certain time when the process will end, noting last time, the process just dragged on so long, everyone got into trouble. Councilmember Miller also felt very strongly about making certain this was a fair process, noting a fair process demands that the interest groups select their best voice, and it not become a matter of anyone trying to pre-select people, or opposing the selection of anyone to the Committee. He stated it was not for any interest group to try to manipulate the process. Councilmember Heller reported she has received many telephone calls regarding the composition of this Committee, pointing out there is extreme interest in the community. She agreed the Committee should be kept at a workable number, and she felt 15 was at the top end of the scale of a committee that will work well together. She wanted to make sure the public was aware that these meetings were open to everyone, and that anyone could speak and have their voices heard during this process. Mayor Boro explained to the members of the audience who wished to speak that there were two issues that would be discussed at this time; the Council's representative to the Committee, and the Committee's composition. Kent Roger, Attorney with Broebeck, Phleger, & Harrison, one of the coalition of Counsel on behalf of St. Vincent de Paul, noted they wished to address a serious matter. He stated they had received a copy of the staff report and were stunned, not only by many of the matters included in it, but also by the presumption of staff in its description of the City's role in what they believed would be a collaborative, cooperative, and not a dictatorial process. He stated that under the guise of background, the staff report and City Manager Gould's earlier comments made pronouncements about a proposal for St. Vincent's, "endorsed last week by the City Council", and then attributed to St. Vincent's Executive Director, "she expressed interest and encouragement of the City's proposal". Noting he wished to make himself clear, Mr. Roger stated St. Vincent's does not endorse several of the so-called critical points outlined in the staff report. As an example, he stated that while they understand the City has particular viewpoints regarding these matters, St. Vincent's, nevertheless, cannot submit to the establishment of a maximum number of diners to be served by the Dining Room. Nevertheless, St. Vincent's is interested and willing to participate in a fair and collaborative process to discuss the views of the City and others. He stated St. Vincent's is not willing to submit to repeated, inaccurate characterizations of its positions, however, such as are contained in the staff report. He stated they were also greatly disturbed by the presumption of the view by staff of the City's role in this process, noting in no fewer than five items does the report state that Council has "directed" particular steps, including that the Council "directed" staff to commence formation of the Ad Hoc Committee, has "directed" the various interest groups to compose the Committee, and "directed" the format, the location of the meetings, as well as that they be led by a professional facilitator. Mr. Roger noted the City, like St. Vincent's, is an important participant in the activities to occur over the next 90 days; however, neither it nor its staff should believe that it is in control of the process, or that the process belongs to the City to direct. Nevertheless, the staff report states the City has contacted, and it has directed, so-called naming or nominating organizations, to get back to the City Manager no later than March 6th regarding who will be on the Committee. Mr. Roger stated they have been involved in urgent dialogue with the City Manager since last Monday, February 23rd, regarding the formation of the Ad Hoc Committee, but that was not reported in the staff report. He stated they had thought the dialogue was progressing well, but they were taken aback by the tone, as well as the content, of the staff report. Mr. Roger noted it was a stretch for St. Vincent's last Monday to find a way to conditionally support a process during the moratorium period, which might resolve the issues important to everyone; however, while St. Vincent's was willing to stretch, they are not willing to participate in a "business as usual" approach. He stated St. Vincent's responsibility to its mission and to its clients will not allow them to be steamrolled, or to sell-out that SRCC MINUTES (Regular) 3/2/98 Page 8 SRCC MINUTES (Regular) 3/2/98 Page 9 mission. Mr. Roger stated, at the outset, they needed to express two concerns about the staff report's recommendations regarding the composition of the Ad Hoc Committee. One is that the proposal, apparently made, they believe, for no other reason than administrative convenience, states the Dining Room patrons' two representatives would be nominated by another agency, Homeward Bound, rather than self-selected, as they understood Councilmember Miller envisaged. Mayor Boro pointed out Councilmember Miller, a few moments earlier, had qualified that, and made certain it was understood that the patrons' representatives would not be selected, rather the patrons would be facilitated toward a selection. Mr. Roger acknowledged what Mayor Boro was stating, but noted they were told it had been decided that Homeward Bound was going to allow that selection process to occur. He asked why Homeward Bound was involved, and why not have the diners who go to St. Vincent's Dining Room select themselves in that venue? He noted St. Vincent's was willing to open the Dining Room to a self-selection process next week. Stating his second issue, Mr. Roger noted the composition of the Committee was not immediately evident from reading the staff report, which makes the point that in light of the City's preferred relocation site, Ritter House is obviously a critical stakeholder. He stated their contact with City representatives during the past week has revealed an adamant resolve to see a certain individual, Director Rob Simon, represent Ritter House; this, despite St. Vincent's having informed the City Manager, as well as many Councilmembers, and the Board of Ritter House, that Mr. Simon has made many statements, both orally and in writing, to the effect that he proposes relocation to the Ritter Street area will lead, invariably, to his eventually directing the operations of St. Vincent de Paul's Dining Room, as well as Ritter House. Mr. Roger stated the Board and Management of St. Vincent's strongly protests against placing an individual on an Ad Hoc Committee with this conflict of interest. At the same time, they are confident that a worthy Committee member can be found among the Board of Directors of Ritter House, and they believe, in connection with a Ritter Street area, that Ritter House is, indeed, a critical stakeholder. Mr. Roger discussed the search for a suitable relocation site, and whether it can be found in the Ritter Street area. He stated, at this point, it appeared the promise of the Ritter Street area apparently boiled down to one parcel, the Klein TV, site, and noted a single address is not an "area". He stated for staff to push this single site exclusively was tantamount to foreclosing other suitable Downtown sites, within and without the Ritter Street area, including the former Nautilus Fitness Center on "A" Street. Mayor Boro stated Council was not going to begin again with a debate they spent five hours on last week, noting the Council had already reached a decision regarding location. He stated there were a number of parcels in and around Ritter Street, and pointed out the Nautilus location was not under discussion, nor was St. Vincent's present location. He noted what Council had passed in its action last week was the adoption of the Ritter Street area as the site, and that was what Council was looking for the Ad Hoc Committee to evaluate. He stated if the Committee should evaluate the site and determine it will not work, that would be another issue; however, he pointed out we were not going to start up the Committee and have them looking all over town, noting that was not the intention of what happened before the Council last week. Mr. Roger stated it had always been St. Vincent's position that it would not foreclose any site in the Downtown, and both Nautilus and the present St. Vincent site are in the Downtown. He acknowledged Mayor Boro's statement that he believes there are several sites in the Ritter Street area, but noted they are being told the contrary, reporting Pat Burke has stated there is only one site in the Ritter Street area, and that is Klein TV. Mr. Roger agreed this was an issue for the Ad Hoc Committee, but noted they are objecting to the "pre-conditioning", prior to the Ad Hoc Committee meeting, about what is an acceptable or non-acceptable site. Mayor Boro asked if Mr. Roger had spoken with City Manager Gould? Mr. Roger stated Bill Barnes had spoken to Mr. Gould on behalf of St. Vincent's, but he, himself, had not. Mayor Boro suggested the attorneys decide which one of them is going to be designated to speak with the City, so there is one voice representing St. Vincent's, noting it would make a lot more sense if one person conducted the telephone calls and inquiries of Mr. Gould and Mr. Ragghianti. Mr. Roger stated they stood by their comments made tonight, with respect to what they believe has happened over SRCC MINUTES (Regular) 3/2/98 Page 9 SRCC MINUTES (Regular) 3/2/98 Page 10 the past week. Mr. Roger urged Council not to endorse the staff report, noting they looked forward to the City's appointment of its representatives, but asked Council to direct staff to cooperate and collaborate with St. Vincent's. He stated they are not just an interest group in this, they are the ones who have the microscope on them, and he asked Council not to freeze them out in arriving at a mutually acceptable Ad Hoc Committee to begin this important process. Sue Brown, Executive Director of the St. Vincent de Paul Dining Room, referred to that portion of the staff report which states, "An independent audit would be conducted of the number of patrons currently served by the Dining Room to establish a maximum number to be served at the new location. Additional diners would be served at alternate satellite facilities". She stated this item was incorrect, in that they had not had an opportunity to discuss even the viability of satellite sites, which they hope to explore with the Ad Hoc Committee. She noted that asking St. Vincent's to limit the number of people they serve, simply because they have been asked to relocate through a redevelopment project, was something that needed serious discussion and serious consideration. She stated that was asking St. Vincent's to alter its mission, and she was concerned that if this was stated in the report, and was endorsed by the City Council, it may reappear again as if it were a fact that needed to be worked on in the future. Ms. Brown stated her second point was more of an encouragement, based on Councilmember Heller's comments that there are many people in the community who would like to serve on the Ad Hoc Committee, noting she believed that was the case. Ms. Brown commented that as the future of the St. Vincent's Dining Room is explored during the next 90 days, and, she hoped, a sincere exploration of the satellite sites that might be created throughout the community, she would encourage Council to consider the viable, capable credentialed people within the community who have already offered their assistance in volunteering on this Ad Hoc Committee, so as we explore the viability of satellite sites in the community, we could include those people who might make them possible. She suggested the names of Mike Groza, of the Marin Community Foundation, and Brian Swartz, the development specialist in charge of financial resources funded by the County of Marin and the Marin Community Foundation, and who serves as the Resource Specialist for the Continuum services. Ms. Brown noted that as we look into viable sites, the financial assistance to make those happen are going to be very important aspects. In addition, as we find locations that are willing to accept a St. Vincent's site, she asked that we consider people such as Eliezer Risco (Executive Director of Canal Ministries) of the Canal community, who might be able to assist us in implementing sites in those sections. Ms. Brown stated she was not suggesting those people should not be restricted to just the names she was submitting at this time. She hoped the Council would consider or allow Rich Katerndahl to read the credentials Judge Eugene Lynch brings to this discussion, and to the Ad Hoc Committee, so that we might be able to take the time that we have during the next 90 days to come up with a package that everyone is pleased with. Sandra Yoffie expressed concern about a process she believed to be uneven, unfair, and even mean spirited. She recalled St. Vincent's and the City signed a Partnership Agreement more than a year ago, and asked where that partnership was tonight? She pointed out the City has mandated an Ad Hoc Committee, has announced where and when the first meeting will be held, has decided what the Committee's make up will be, and it has determined its members. She asked what decisions were left to the other partner, St. Vincent's? She stated, parenthetically, if she were in Sue Brown's position, she would be a lot tougher than Ms. Brown is, and she would tell the Council that St. Vincent's owns the Dining Room and contributes the service, and unless they play by agreed upon rules, on a level playing field, the game is called. Mayor Boro stated he wished to make a statement, because it appeared this was going to be a contentious evening. Explaining how Council arrived at its position on this matter, he stated they got here after four plus hours of public hearings, they made their decision in open session, and everyone heard what Council directed the City Manager to do. He recalled they talked about the composition of the Committee, noting it had originally been projected to be eleven members, and Council added four more representatives as a result of the discussions, and Council directed the City Manager to return with a format so we could move forward. He stated he was sorry if the tone offended anyone, as that had not been Council's intention, noting Council's intention was that the 90 days be spent discussing the problem, not talking about the "shape of the table". He stated Council was trying to get this process to move forward. Ms. Yoffie SRCC MINUTES (Regular) 3/2/98 Page 10 SRCC MINUTES (Regular) 3/2/98 Page 11 stated what she was addressing was the fairness in setting up the process, and that it be an even-handed situation. Ms. Yoffie asked what the stated purpose of the Ad Hoc Committee was, if it's purpose has been agreed to by both partners, and whether every Committee member comes to the table with a clean slate, a sense of fairness, and a determination to resolve differences fairly and equitably? Ms. Yoffie encouraged Council to address these issues. She pointed out Sue Brown was once Executive Director of the Human Concern Center, Ritter House, prior to joining St. Vincent's, noting she had been considered a miracle worker there for having steered Ritter House from almost certain death in 1987. Ms. Yoffie stated Ms. Brown was a miracle worker, but acknowledged there were some things she and St. Vincent's could not do, noting she could not make and enforce rules of behavior beyond the environs of the Dining Room; she could not assume the Police Department's role to protect merchants and shoppers from unattractive or threatening behavior; she could not prohibit the diners from moving freely in the community; she could not be responsible for their appearance, or their addictions, their illnesses, or their failures; she and St. Vincent's could only provide a daily warm meal, a clean, dry place to sit for a couple of hours, bathroom facilities, and the opportunity to interact with other people in a warm, friendly, non-judgmental environment. Ms. Yoffie stated St. Vincent's and Sue Brown were not the City's problem, they are part of the solution. Councilmember Cohen stated he did not know the members of the Board of Directors of St. Vincent's, and asked if Ms. Yoffie was a Board Member, and if she was speaking for the organization or presenting her own viewpoint? Ms. Yoffie stated she was presenting her own viewpoint, although she has worked on the Cabinet during the past few months, and has known Sue Brown for many years. Mr. Cohen asked if she was, in any way, representing any official position for St. Vincent's? Ms. Yoffie stated she was not. Casey Fields reported two of the operators of Homeward Bound were under Federal investigation, and he did not feel they were qualified to direct that segment of the community that will decide the destiny of the Dining Room, noting this could be confirmed with the Equal Opportunity Commission. In addition, he reported Rob Simon, Executive Director of Ritter House, had a conflict of interest in this matter, noting he has been meeting regularly with City Manager Gould, which leads to questions regarding the purpose of those meetings. Mr. Fields noted Sue Brown and Elizabeth Campos, a disabled homeless person, were both very strong women, and represented the diners' leadership; however, he felt they had been singled out, and he encouraged City Manager Gould to work with Ms. Brown and Ms. Campos. Referring to the issue of the facilitator, Mr. Fields noted there has also been some discussion of having one facilitator named by the City, and one named by the other party, noting the City has too many representatives, while the diners have almost none. Mr. Fields noted the press and the City seem to be implying this is already a done deal, and that St. Vincent's will be relocated to Ritter Street; however, he believed there were more than two players at stake. He stated he respected City Hall and the Councilmembers, and he also respected Sue Brown. Mr. Fields stated that since last year, the diners and the physically disabled have been a class action in their own right, noting they do not have any deals or obligations, nor have they signed any contracts. He stated that even if the Ad Hoc Committee were to arrive at a solution, we would still have to await the decision of a Judge, as far as the rights of the disabled, who are represented through Margaret Jacobson. Rather than become involved in complex litigation, Mr. Fields suggested the Councilmembers open their minds, and in good faith, give the diners fairness and leverage. He stated they have been praying for the Councilmembers, noting they look to them as the parents of the City, and hope there will be room for fair play. Bob King, Homeless in Action, noted he agreed with the legal position of St. Vincent's lawyers, and many of the points they expressed. Mr. King did not believe Homeward Bound should be one of the organizations to select homeless people (for the Ad Hoc Committee), and since Homeless in Action has an office at Ritter House, he offered to facilitate the selection; in addition, he noted that since Homeless in Action has its 501-C, they could be one of the service provider representatives. Melany Kramer, pointed out there was an ongoing investigation of Homeward Bound, that they are being sued and investigated by the Federal Government; therefore, the idea that they would be involved in designating any representatives was just horrifying to her. Ms. Kramer felt the Ritter Street site was an open nightmare, because virtually all the businesses in that area, with the exception of Klein TV, have been there for approximately fifty years, and she believed if the City began looking at the possible toxics on those sites, they would be shut down by the EPA for SRCC MINUTES (Regular) 3/2/98 Page 11 SRCC MINUTES (Regular) 3/2/98 Page 12 the foreseeable future. She pointed out the idea that this area could be part of the relocation just means that the City's redevelopment project (of the "B" Street area) will be held up for the next five or ten years while they look at the groundwater and the soil. Ms. Kramer stated she could not understand why this Council has let St. Vincent de Paul carry the ball on social services in such a major way for sixteen years, and then have staff take the point of view that they are calling St. Vincent de Paul on the carpet. She noted the reason St. Vincent de Paul had to pick this up is because one of the most affluent counties on the face of the earth is not carrying the ball with regard to social services for the poor and the homeless. Ms. Kramer stated she wanted this attitude to change, noting they are going to attempt to do it productively, but she will do it unproductively if that is what it takes. Mayor Boro stated the way in which the structure is set up in the State of California, the County of Marin has a responsibility to provide social services directly to people in need, and they are the ones who receive the funding from the State, noting the City receives no funding for social services. However, we, as a City, provide the opportunity, through the granting of Use Permits to many service agencies to operate in the City of San Rafael. He stated this, along with contributions made to various agencies from our Redevelopment Funds, is the City's contribution. He reiterated, the main provider is the County of Marin, not the City of San Rafael. Linda Bellatore, Chairperson of the Federation of San Rafael Neighborhoods, noted the Federation had been selected as one of the groups to provide neighborhood representation. She stated her group was willing to go forward in a neutral and fair-minded way, to become part of the process to get to a resolution, and she hoped St. Vincent's understood that. She pointed out the reason she was addressing the Council was to assure St. Vincent's that she knows the City is trying to be fair about this, she knows the Federation is going to be fair, and she believed the participants in the other groups would also be fair. She noted there was going to have to be a certain amount of trust, and St. Vincent's was going to have to put away some of their pre-conceived ideas. Ms. Bellatore asked that everyone come to the table, and not get into a dispute about who is, or is not, at the table, noting we need to be at the table together. Patty Brightman stated she has been a volunteer at St. Vincent de Paul Dining Room for approximately six years. She noted she had attended last week's meeting, and was concerned that the very first point mentioned in the staff report did not seem to reflect what she recalled from that meeting, or what the Council voted on. Citing the staff report she quoted, "The Dining Room would be relocated to the Ritter Street area, in the Downtown"; however, it was her understanding, after sitting through the entire meeting, that the Ad Hoc Committee was being created to explore the possibilities, to focus on and try to find a suitable site, but it had not seemed to be a foregone conclusion, as this report is written, that the Dining Room would be relocated. Therefore, she stated she was confused that this did not match her recollection of what happened at the last meeting. Mayor Boro quoted from the recommendation in the report of the last meeting, which stated, "Staff recommends the City Council and the Redevelopment Agency Board review the information contained in this report, receive public testimony, and consider a motion to take the following actions", and continues, after listing a number of actions, "The relocation of St. Vincent's Dining Room to a Downtown location on the following conditions: • The Dining Room to be relocated to the Ritter Street area", and then other conditions were listed. Ms. Brightman asked, "What is the purpose of the Ad Hoc Committee?" Mayor Boro stated the purpose of the Ad Hoc Committee was to facilitate a move, to start to work on a Use Permit and Codes of Conduct, and to start to work on how these things will all come about. He stated that was the purpose of the Committee, and pointed out Council did vote that night to endorse this recommendation. Ms. Brightman asked, "If the Committee meets and cannot find a suitable site in the Ritter Street area, where that would leave the process?" Mayor Boro stated he was hoping we would not get to that bridge, because it would be very difficult. Ms. Brightman stated it was important to realize it was a possibility that Ritter Street may not have an appropriate site. Mayor Boro stated he was optimistic there would be a site there, if everyone wants to make it happen. Reverend John Auer, Pastor of the United Methodist Church, stated that by moving now to an Ad Hoc Committee, and to a much more limited playing SRCC MINUTES (Regular) 3/2/98 Page 12 SRCC MINUTES (Regular) 3/2/98 Page 13 field, St. Vincent's supporters were making a kind of sacrifice, taking a chance, and running a risk in engaging in a process of trust, and what they would like to call "collaboration". He stated it has cost them something, noting they are no longer the surprising, unpredictable "who might show up next", "who might speak next" group they have been, although he pointed out some of them will continue to work on trying to bring together more and more people in this community, and within the County, so they might not only build a base for the neediest and weakest among us, but also to redistribute the risk that comes with that kind of service and witness. Reverend Auer noted that when we face a hungry person, there are several responses that we are called to make. The first is to give that person a fish, meet his immediate need, feed him that day, no questions asked, meet the need. The second is to prepare him to fish for himself, to learn skills, to gain basic, supportive services, that he might engage in the process of becoming a full and dignified member of a human community. Reverend Auer noted there are agencies who have met those first two obligations, and continue to do so in wonderful ways. However, he noted there was a third obligation, and that is to make room at the pond, so once a person has gotten the fish to make it through the day, and once he has learned how to fish for himself, he then has access to where the fish are, and can really participate fully in the provision that is meant for all of us. He stated this was a golden opportunity for us to reach out and involve persons who are just now coming into consciousness and commitment of their own lives and their own gifts, for something that they can hold in common with other people. He stated he does not believe God makes any junk, nor did he believe there was one among us who does not have something to contribute. He commended the Councilmembers for whatever courage they are willing to show, for opening up this process, bringing new people into it, and making a new day possible for all of us, and for San Rafael. Jean Taylor, advocate for the poor and needy in our community, stated it has been her pleasure during the past five years to come before Council on behalf of Ritter House when they were expanding the Day Service Center, and Homeward Bound when they were expanding their services in the City. She stated she was encouraged by what happened last week, particularly with Mayor Boro calling this a "new beginning", noting she agreed there was really an opportunity for a new beginning. However, she stated she was somewhat concerned when she saw the staff report, because she had thought the objective was to form a community-based collaboration, noting "collaboration" means there is input from both sides. She referred to the statement in the report which stated the City has made clear it does not wish St. Vincent de Paul to name the representatives of the needy people in the Downtown, noting she did not recall having heard that last week, and she wondered when that decision had been made? She stated it was her understanding St. Vincent's had not been consulted regarding the make up of the Ad Hoc Committee, and noted this seemed like the perfect time for rebuilding the trust. She pointed out it had been mentioned at the last two meetings that there has been a lot of distrust on both sides, and in order to rebuild that trust, she felt there had to be a true collaboration, and input from both sides. She stated it would be impossible if all decisions were being made by one side, as to how a committee is going to be formed. Ms. Taylor asked Council to be considerate enough, and democratic enough, to give St. Vincent's time to have some input. Ms. Taylor stated the Ad Hoc Committee, as described in the staff report, seemed to meet the needs of the City Council; however, it was her information that it does not meet all the needs of St. Vincent's in addressing the issues of a move. She explained that because part of the dictates of the City includes a Use Permit, she believed it was important to know what this Use Permit would contain. She acknowledged that would be one of the things the Ad Hoc Committee would be working on, but she pointed out it has already been suggested that the number of guests to the facility will be limited, and there would also be suggested satellite sites. She asked how they would know where those sites would be located, and if satellites were feasible. She stated that to address such issues, there needed to be representation on the Ad Hoc Committee, with people who know what the possibilities are, not just in San Rafael, but within the County itself. She reported two such leaders within the community have offered their services, Brian Swartz and Mike Groza. She stated these gentlemen are very active in the community, and know what is happening on a Countywide basis. She noted it was her understanding there is a lot coming up in the next three to five years, and there will be opportunities where we can have other satellite sites; however, she stated we need to know that now, while we are planning. Therefore, if we could include someone who has that information, we would not be spinning our wheels. She reported this had also been the suggestion of the Dominican/Black Canyon neighborhood, noting they recommended the possibility of finding northern Marin and SRCC MINUTES (Regular) 3/2/98 Page 13 SRCC MINUTES (Regular) 3/2/98 Page 14 southern Marin locations. Ms. Taylor stated it was her understanding that it was never the number of people being served that was problematic on "B" Street; therefore, it was unclear to her why the City was trying to determine that only a certain number would be served, especially given Welfare reform, as we may have even more call for these types of services. Ms. Taylor asked, if we are going to start asking St. Vincent's to limit their patrons, are we going to begin asking the San Rafael restaurants to limit their diners, are we going to start asking the churches to limit their congregants, and where are we going to draw the line? She stated she wanted the goal of the Council to be one in which they enable St. Vincent's to carry out their mission in an orderly and neighborly fashion. Ms. Taylor stated she was also concerned the guests of the Dining Hall were being denied the chance to choose their own representation, noting this was insulting and undemocratic. She pointed out that if the Council were in a similar situation with the County or the State, and someone from outside the Council was the person to choose the City's representative, rather than Council, she believed the Councilmembers would find that objectionable. She stated this was comparable to letting someone outside the Dining Hall choose which diners would be representing the group as a whole. Mayor Boro stated the recommendation that had been before Council last week had been for eleven representatives, and as a result of the comments received from the audience, primarily from St. Vincent's, Council added two more members from the faith community and two from the homeless people, and the composition of the Committee had been discussed at that point, as far as the numbers. Regarding the issue of how the homeless were to be appointed, he recalled that at the meeting last week Councilmember Miller suggested some kind of a nomination process be implemented via the Homeward Bound group. Councilmember Miller clarified he had suggested a self- selection process for the diners, with Homeward Bound facilitating that self-selection process, but noting Homeward Bound would not be naming the representatives. Mayor Boro pointed out Council had not stated, "Here's the Committee, take it or leave it", noting it was part of the presentation last week, it was discussed, and Council added four people to the Committee as a result of that discussion. Therefore, he apologized if the tone of the staff report offended anyone, as that had not been the City's intention, noting the intent had been to facilitate the process and get moving. Dennis Burke, member of the Board of Directors of St. Vincent de Paul, addressed the issue of a facilitator/mediator. Mr. Burke reported he has been a professional facilitator for thirty years, noting a mediator is different from a facilitator, and an arbitrator is different still. He noted it was his considered opinion that trust was not very high between the two groups at this time, and somehow the trust got poisoned to a certain degree this week. Mr. Burke stated it was absolutely critical this trust be rebuilt, and he did not believe a facilitator could do that. He noted a facilitator could be very helpful, but if we really wanted a decision in 90 days, he believed we should have a mediator, because we are already currently in negotiations. He pointed out that while an arbitrator would make a decision whether we liked it or not, a mediator would push the parties a little harder to make a decision. He believed a facilitator, who is not really empowered by both sides, would likely not end up with a resolution to the issue. John Wilson-Bugby, Executive Director of Homeward Bound Marin, agreed the diners were probably best capable of making a decision as to who should represent them. He stated Homeward Bound took seriously the responsibility it has within the programs it runs, but when it comes to a question of representation of diners, he did not believe even St. Vincent's should be doing the appointing, as it was simply a matter of letting the people who are the clients of that service select themselves to serve on this Committee. Mr. Wilson-Bugby stated he came to the meeting with the sense that he really wanted, and in some ways needed, to be a part of this process; however, after listening to the conversations, and especially after listening to Jean Taylor, he felt the process would probably be better served if Brian Swartz would be a representative. Mr. Wilson-Bugby noted Mr. Swartz had been very much a part of the Continuum effort, and also the New Beginnings effort, and he felt Mr. Swartz would represent this position well. Councilmember Heller stated she did not know Brian Swartz, and asked who he was representing? A member of the audience stated Mr. Swartz worked for SRCC MINUTES (Regular) 3/2/98 Page 14 SRCC MINUTES (Regular) 3/2/98 Page 15 the County of Marin, and was also a member of the Marin Community Foundation, working jointly for both. City Manager Gould noted it had been represented by a number of speakers that there was little or no dialogue between St. Vincent's and the City last week, as the staff report was being prepared, and noted that was simply inaccurate. He reported he had two conversations with Mike Rossen, and a conversation with Bill Barnes, noting that during those conversations they discussed the contents of the staff report, what would be written, and how. They also discussed the groups Council directed ought to be on the Ad Hoc Committee, and Mr. Gould stated he made clear to both representatives that the fairest thing would be not to name the individual members of the Ad Hoc Committee, but to ask umbrella organizations representing those stakeholder groups to make those appointments themselves, as that seemed to be the fairest way of making those appointments. With the exception of the social service providers, and the diners themselves, he stated they had agreement on every one of the groups. He noted he could not think of a fairer way of doing so. Mr. Gould reported they had also discussed the location of the Committee meetings, as St. Vincent's did not like the idea of holding the meetings in the Council Chambers, and instead suggested holding the meetings in one of two churches in the Downtown. Mr. Gould stated he suggested the "B" Street Community Center, and this compromise was accepted by both representatives of St. Vincent de Paul. He also suggested the date for the first meeting, and again, there was no objection by St. Vincent de Paul. Mr. Gould reported they also talked about the need for a facilitator, and the point was made that the facilitator should also have mediation skills, or at least be able to bring the group to consensus. He noted they discussed the need for the diners to elect their own representatives, and whether that is conducted through Brian Swartz, or through another group representing the diners, Mr. Gould did not have a particular opinion; however, it was agreed the diners, themselves, should select their representatives. Regarding Rob Simon's participation in this process, Mr. Gould stated he had heard from both representatives of St. Vincent's that the agency had a real problem with Mr. Simon taking part in this endeavor, for the reasons stated earlier by St. Vincent's attorney. Mr. Gould pointed out the City would not be so presumptuous as to tell St. Vincent de Paul who it should appoint to the Ad Hoc Committee, so if it is agreed that Ritter House should be represented, it would not be right for the City, or St. Vincent's, to tell Ritter House who it should send to the Ad Hoc Committee, and he would not recommend the Council do so. Mr. Gould believed that if Ritter House's Board of Directors decided its Executive Director was the appropriate person to have on the Ad Hoc Committee, then he felt everyone should honor and respect that decision. Mr. Gould reported it had come back to him, through another discussion with Mr. Rossen and Mr. Ragghianti, that the Dining Hall would very much appreciate it if Mr. Gould did not participate in the Ad Hoc Committee, and he was most happy to accept that recommendation and step away from this process, because anything that will increase the chance for success is in the interest of the City and the community. Therefore, while he was happy to take himself out of the process, Mr. Gould pointed out St. Vincent's was making recommendations as to what another agency ought to do in selecting its own representatives, and he would not suggest the City do that. Regarding other locations on Ritter Street, Mr. Gould reported there were a number of other sites in the Ritter Street area that have been identified, noting the initial assessment by the broker indicated one of them might actually be for sale. Mr. Gould stated the City did not direct St. Vincent's to confine its analysis of sites to that one particular location, it was merely pointed out that it might be easier to obtain. Addressing the issue of picking satellite location sites now, Mr. Gould stated he did not believe that was ever the expectation. He stated if Council wished to state that the new location should serve an unlimited number of diners, that was their prerogative; however, the recommendation had been made that we should decide what the outer limit should be, and then make provisions for that in the future, so once the number of diners has eclipsed this number, the satellites will be in place to serve them. Mr. Gould stated this was a future-oriented recommendation, based on statements from St. Vincent's, at numerous meetings, that it was interested in satellite service, but would want to be relocated in its permanent configuration first, and be underway before addressing that issue. Mr. Gould stated he did not think this would be necessary within the 90 days allotted to the Ad Hoc Committee. Mr. Gould agreed Brian Swartz would be a fine representative, and since the Continuum of Housing has not been able to make a recommendation, he would SRCC MINUTES (Regular) 3/2/98 Page 15 SRCC MINUTES (Regular) 3/2/98 Page 16 second the suggestion that Mr. Swartz would be someone who should serve, along with the representative from Ritter House. He reiterated he did not believe the City Council would want to dictate who the representative from Ritter House should be. Mr. Gould stated he would welcome Mike Groza's participation, although he believed that at fifteen, the Committee was already getting fairly large. He did feel it would be wonderful if the Marin Community Foundation could be represented at the Ad Hoc Committee meetings. Richard Katerndahl, member of the legal defense team of St. Vincent's, stated everyone has recognized this is a threshold, and we are about to step forward, pointing out some of City Manager Gould's comments spoke to that directly. He stated that while he does understand the idea of respecting the decisions of the possible sources of people going onto the Committee, he also believed some respect had to be given to both sides. Referring to the question of the diners' representatives, Mr. Katerndahl noted the suggestion St. Vincent's made was simply that they would provide the location, the place and the time, for diners to select themselves, and he believed that fulfilled what the City wants, noting this was where the diners congregate, and it was not picking a third party agency who might represent part, but not all of the constituents. Mr. Katerndahl noted the great good luck we had in having an offer of availability from Judge Eugene Lynch, whom Mr. Katerndahl described as a legendary Settlement Judge, greatly respected by lawyers. He stated this was a very hopeful thing in engendering the kind of momentum this process can get, if we have a Judge with the monumental reputation of Judge Lynch. Mayor Boro stated he had just completed a facilitated, mediated process with respect to the Countywide Transportation issues and a ballot measure, with twenty-four people coming together, including environmentalists, property owners, and a whole array of people, and after 90 days they reached consensus. He noted a Judge does not usually take advice or seek questions, he or she usually states what is going to happen; therefore, Mayor Boro wondered if Judge Lynch had the skills of a mediator or a facilitator, reiterating a Judge usually decides issues, and does not mediate issues. Mr. Katerndahl stated Judge Lynch was a mediator and an arbitrator, noting what everyone has always known Judge Lynch for was his ability to bring the different sides in a dispute together, knocking heads, if necessary, to get the dispute resolved. He stated Judge Lynch was very much aware of the differences between arbitration, mediation, and trying a case, noting he was a strong personality and wants things to work, but he also understands the difference between mediation, and telling you what the end result is going to be. Councilmember Heller asked if Judge Lynch was offering to do this pro bono, or if there would be a fee? Mr. Katerndahl stated it was his understanding Judge Lynch had offered to do the work for free, although he did not know whether Judge Lynch knew how much work would be involved at the time he made that statement. Ms. Heller asked if Judge Lynch lived in area? Mr. Katerndahl reported he lived in Marin County. Councilmember Cohen acknowledged it may well be that this is a great opportunity, and Judge Lynch may be the perfect person. However, he felt it was possible we were not looking at the same things in this instance, noting he thought we were looking for someone to facilitate a collaborative process among several stakeholders to try to resolve a set of parameters the Council had voted on, under which they had agreed to put a moratorium on the Redevelopment Project and try to move forward, and reverse their previously and repeatedly public statement that St. Vincent's needed to relocate outside of Downtown. He noted Council had set parameters on that, and directed staff to begin the process of putting together an Ad Hoc Committee to flesh-out some of those details. He stated that had been his understanding, and that the Committee was going to try to work those issues out, representing the various stakeholders, such as the Downtown businesses, neighborhood residents, the City, St. Vincent's, the faith community, and the diners themselves. Mayor Boro noted the first thing they did after two hearings before the Council was to reverse their position, stating they understood St. Vincent's concern about the Downtown and would go with that. The Council also noted they wanted to see some of the other components come into place, and discussed the issues of Ritter House, establishing rules, and a Use Permit, which he stated were the three main issues. Mayor Boro stated if the discussion was going to start with the question of whether there was going to be a Use Permit, and then that has to be mediated, this would not SRCC MINUTES (Regular) 3/2/98 Page 16 SRCC MINUTES (Regular) 3/2/98 Page 17 be what they had been looking for, or what he had expected. He stated he was looking for someone to facilitate the fifteen people on the Committee to agree to the Conditions of a Use Permit, noting there was a difference between stating that, and asking whether or not we even want one. Mayor Boro stated he was not certain what Mr. Katerndahl envisioned as the role of the person who comes in, noting his starting place was that we have reached an agreement, we have moved on the issue of location to stay in the Downtown, Council has made that concession, and now Council is stating that as part of that concession to stay in the Downtown they are looking for certain other things to happen; one is to nail down the site, two is how it is operated, and three is community outreach. He stated if St. Vincent's is thinking we are going to start this process and debate each one of those issues, he did not believe that was what Council was looking for. Mr. Katerndahl stated he did not recall using the term "Use Permit". Mayor Boro acknowledged Mr. Katerndahl had not, but noted he was specifically mentioning it because he wanted to make sure no one forgets that, noting it was one of the issues Council stated they were looking to have come out of this process. He explained that was why he was asking the question, because if that is something that is on the table, as something to mediate, regarding whether it is needed, he wanted to state that was not what he was looking for the mediator/facilitator to deal with. Mr. Katerndahl stated he understood the City's position, and believed St. Vincent's position, with respect to the appropriateness of the Use Permit and alternative means of enforcing the substantive conditions the City has talked about, had also been hashed out in the past. He noted he was not speaking to what the appropriate forum was for deciding how that issue should be resolved, all he was saying is that it is clear the mandate that was set up by the staff report's recommendation to the City Council was that the operational functioning of the Dining Room in the future was part of the task of the Committee, and those operational details and functionings are cognate with some of the substantive issues, such as the number of meals and hours of operation, that have been discussed as potential issues in a Conditional Use Permit. Councilmember Cohen noted, sooner or later, the City and St. Vincent's were going to have to pursue the conversation about a Use Permit. He reported last week one of St. Vincent's attorneys had suggest a Memorandum of Understanding, noting he wished to make very clear that he believed the City already had a vehicle in place, which we use with every other social service provider. He challenged anyone to show any effort to even suggest revoking the Use Permit granted to any social service provider in the City, noting it is the vehicle by which the City regulates Uses that need Conditions on their operations, and he felt it was a perfectly suitable one. Councilmember Heller asked if Mr. Katerndahl was with the same law firm as Mr. Burke, and in what capacity he was representing St. Vincent's? Mr. Katerndahl stated he was a sole practitioner, with a law practice in San Rafael, and was representing St. Vincent's at the request of his Pastor. Ms. Heller asked if he was legally speaking for St. Vincent's? Mr. Katerndahl stated he has worked on their legal team, and that was as definitive as he could describe his relationship with St. Vincent's. Bob Polakov, resident of San Rafael, and a Systems Analyst, noted if we start an Ad Hoc Committee without a clear direction of what it is trying to do, while it may not necessarily be doomed to failure, it certainly will have a hard time. Mr. Polakov stated the problem he saw in looking at the report is that there are two different things happening in the proposal; one is a proposal for an Ad Hoc Committee to resolve issues, and at the same time, there are several points that clearly reflect the City Council's points of view, and in order to make this work, we would have to separate the two, and to recognize that St. Vincent de Paul would also be coming in with certain points of view. Councilmember Cohen stated he understood Mr. Polakov's point that the Council should be clear in its charge to the Ad Hoc Committee, and see what they can come back with, agreeing that a fuzzy Charge to the Committee was a recipe for a fuzzy outcome no one will be happy with. Mr. Cohen noted his understanding of the motion Council voted on at the last meeting was clearly represented by the staff report, noting there are six points, and Council stated, based on those six points, they were willing to reverse their previously held position that St. Vincent's needed to relocate outside of the Downtown. He noted the six points were delineated as the first six bulleted items in the staff report, and were the six points Council stated were the Conditions under which the City Council sees the Downtown location as being acceptable: 1) The Ritter Street area, a geographic location in the Downtown, as defined in the staff report; 2) a SRCC MINUTES (Regular) 3/2/98 Page 17 SRCC MINUTES (Regular) 3/2/98 Page 18 Use Permit, similar to that granted to Ritter House; 3) a strictly enforced Code of Conduct in and around the Dining Room; 4) encouragement of cooperation for provision of services with Ritter House; 5) participation in an ongoing neighborhood committee; 6) the audit and maximum number to be served, and the issue of satellite locations. Mr. Cohen pointed out St. Vincent's has asked that the last item be discussed further, and Council has agreed to further discussion. Mr. Cohen stated the language of the staff report, which is also the language of the motion Council adopted, stated, "An Ad Hoc Dining Room Relocation Committee would immediately be formed, with representatives of various stakeholder groups, to select a specific relocation site at the Ritter Street area, and provide the specifics of the above listed parameters, during the 90 day period". Therefore, Mr. Cohen felt Council's charge to the Ad Hoc Committee was fairly clear. He noted Council has stated, given these six points, they would agree with St. Vincent's, and all of their supporters' requests, that a Downtown location is the most appropriate, and they have asked the Committee, working within those parameters, to refine those six points, so everyone understands what they mean, everyone is comfortable with what they mean, and they are written in a way that everyone can understand and agree to them. Mr. Cohen stated Council gave a specific Charge to the Committee, and also said that while this was happening for 90 days, the City would not do anything further on the "B" Street Redevelopment Project. He stated, in his view, if at the end of 90 days the Committee comes back and states they have resolved five out of six points, but cannot come to agreement on the sixth, then perhaps the City and St. Vincent's would have to look at another way to address that specific issue. Mr. Cohen noted he would like the Committee to reduce or reach agreement on those issues, or make definitions of as many of them as they can, so we can reach agreement on as many as possible. He believed that if we begin at the outset by making those issues fuzzier, we will be back into the same cycle we were before. He stated this Committee was not a site selection committee to review all the sites in Downtown. Mr. Cohen stated he was much more comfortable with the report than Mr. Polakov seemed to be suggesting, noting he felt this was a very specific Charge to the Committee. Mr. Cohen acknowledged this was a proposal, noting if the St. Vincent de Paul Society decides, after the Council goes through this staff report and the proposal, that this is something they are not willing to even discuss, they have every right to stand up and state, "We reject that proposal". However, he believed at that point there would then be no need to have the Committee meet. Councilmember Cohen stated the City was offering a proposal that provides the framework, where the Council is willing to back-off of its previously held position that the Downtown is not an appropriate location, noting he felt the parameters for how the details of that were going to be worked out needed to be fairly clear, although in his mind, they were the first six bulleted items in the staff report. He stated that was what he voted on last week, noting the staff report clearly reflects what he understood the motion to be last week when he voted, and it fairly reflects his understanding and his intention of this process tonight. Mr. Polakov agreed it would be a mistake to open the selection process any further, and felt that issue had been resolved. However, he noted the report states the Dining Room would be relocated to the Ritter Street area, noting that sounded like an absolute, and he asked what would happen if, thirty days into the process, it was found that this would not work? He felt both sides should be entering into this process in good faith, with the objective of making this work in the Ritter Street area if at all possible, but leaving a little door open in case it turns out that this is not possible. He stated, in looking at the City's requirements, he did not believe St. Vincent de Paul was going to agree to a maximum number of diners, alternate satellite facilities, or having to relocate to the Ritter Street area or get out of San Rafael. He believed if the City could clarify those points or make them a little smoother, this could be workable. Councilmember Cohen stated he did not believe anyone had ever heard a single member of the Council, past or present, say that St. Vincent de Paul should get out of San Rafael. Mr. Cohen stated there were people who believed that was what this is all about, and he felt it needed to be clearly stated that this was not the case. Referring to Mr. Polakov's concerns, Mayor Boro clarified the meeting last week was to select a site, noting there had been eight or ten potential locations, and Council threw all those out. Mr. Polakov stated the meeting last week focused only on the Ritter Street area, and Mayor Boro pointed out that attached to the staff report was a list of all the other sites. SRCC MINUTES (Regular) 3/2/98 Page 18 SRCC MINUTES (Regular) 3/2/98 Page 19 Mayor Boro recalled that at the meeting Council heard the testimony of people from all over the community, stating they did not want this in their back yard, noting that was when Council took a change in direction. Mayor Boro felt it should be remembered that the Council has a couple of different things going on, pointing out the City has a desire to redevelop "B" Street, and at the same time they are trying to find a location for St. Vincent's. He noted Council has already put the "B" Street Redevelopment Project on hold, and will now also have to take the heat from the people who will be opposed to relocating St. Vincent's to Ritter Street; however, this is what Council wants to pursue over the next 90 days, and what they want to see happen, and the next 90 days will be about making that happen. Mayor Boro stated he believed that if the City, St. Vincent's, and the Ad Hoc Committee come together with that as a goal, it will happen. Mr. Polakov stated he applauded what the Council was doing, but suggested one modification, to add that the objective of the Committee is to put forth their effort to make this happen within 90 days, noting that would qualify that no one guaranteed this was going to work, but everyone was going to try to make it work. Rick Keefer stated he would like to make himself available to serve on the Ad Hoc Committee, noting he found himself uniquely qualified to serve. He stated he has been on both ends of the spectrum, noting in the past he has had to reach out for help with lodging and food, and was currently doing very well, working in the commercial sector. Therefore, he felt he had a unique perspective on compassion toward people who use the dining hall, and he also has a good perspective on the community, itself, toward the residents and the commercial operations around the community. He stated he also serves on a number of other committees, and works with a lot of people one-on-one. Mr. Keefer felt he would be perfect for the Committee, because he has not taken a stand one way or the other, and could represent both sides very well. Juliette Anthony stated she felt if St. Vincent's was going to succeed, the community needed to give it special support. She pointed out there was a small group of people who caused a great deal of difficulty, and noted, at this time, we do not have a detox center for those people. She believed if the community was going to help St. Vincent's, we needed to have a place for those people who are substance abusers to go. She requested Council consider a site for a detox center, for those who are willing to volunteer their time and effort in helping the community, and helping St. Vincent's to succeed. City Manager Gould reported the City has been working very closely with the County Health Department and Marin People Care to try to work out the protocol under which a detox facility would operate, and to locate an acceptable site to support Marin People Care, the only non-profit agency to propose that the County provide these services. He noted a site was currently being discussed by the County, which the City would be prepared to support, and if that should fail, they will look at other sites. Mr. Gould stated the City has been the primary public agency, beside the County, interested in re-establishing detox services in Marin County. He pointed out it was no good for our Police Department to have only one option when they pick up someone who is inebriated, which is $120 for four hours of sitting in jail, noting that does not do anybody any good. Pete Petrofsky, resident of San Rafael, stated he has been involved in resolving construction disputes for a long time, particularly in his work on Dispute Resolution Boards, noting he was about to be appointed to his seventh panel. He stated he understood the difference between a facilitator, mediator, arbitrator, and a Judge, noting what we needed in this case was a "Jack of all trades", someone who could start off with facilitating skills, but in the end, he would probably have to push people in order to get a resolution within 90 days. Mr. Petrofsky stated, based on his observations, that these boards only work when there is complete trust on both sides, so in the selection of a facilitator, there has to be agreement between the City and St. Vincent de Paul that whoever is selected is acceptable for the position. He also believed this person should serve at the pleasure of the Committee, itself, and if, at the end of one or two meetings the majority of the Committee decides he is not the right person, they should have the right to fire him. Steve Boyer acknowledged the majority of the diners who eat in St. Vincent's Dining Room actually have homes and are not homeless; therefore, he asked that the selection of the representatives for the diners take place in the Dining Room, where these people are, rather than at Homeward Bound, which is strictly for the homeless. SRCC MINUTES (Regular) 3/2/98 Page 19 SRCC MINUTES (Regular) 3/2/98 Page 20 Patty Burke stated she was concerned because last week's agenda had stated, "Consider alternatives for relocation", and Council's recommendation was to relocate to Ritter Street. She believed that while Council did receive public testimony, they went with what they had already decided upon. Mayor Boro stated Council had not written the staff report, it had been written by staff, and Council listened to the report, and then decided to move to another location in the Downtown. Ms. Burke noted Council had stated last week that they had looked at other sites; however, when Mariah Beard attempted to address other site locations, she was told the issue was not about other sites. Mayor Boro responded that this had been the point he had attempted to make earlier this evening, that Council had decided, at the meeting last week, to pick this present site, because based on what they had heard, and the fact that they agreed to maintain the Dining Room in the Downtown, they felt the Ritter Street site had merit. Therefore, they decided to select this site, and not look at other sites, because to have the Committee go down that trail would not be productive. He noted the trail the Committee is to go down is how to make Ritter Street work. Ms. Burke noted Council had not come to that decision based on listening to testimony of other sites. Mayor Boro stated Council came to that decision based on enough people telling them it was important to keep the Dining Room in the Downtown. Ms. Burke stated there were other sites in the Downtown, and she believed the Ritter Street area was what they were looking at because it was recommended by Mr. Gould, noting Council had not asked if there were any other locations in the Downtown where people would like to see it put. Mayor Boro recalled he had mentioned at previous meetings during this process that St. Vincent's also had an interest in this site. Ms. Burke was concerned that Council might just let people speak, but did not always listen to what they had to say. Mayor Boro disagreed, stating if that were the case, we would be looking at one of the other eight site locations, and would not be looking at the Downtown. He stated the Council listens all the time. Casey Fields referred to Federal laws which forbid discrimination of the disabled, and stated Council was excluding the physically disabled class. Mayor Boro pointed out Mr. Fields was a diner at the Dining Room, and suggested he apply for selection to the Committee. Mr. Fields asked that the membership be increased to select two members from the disabled community. Mayor Boro announced there would be a brief recess. Mayor Boro reconvened the City Council meeting. Mayor Boro summarized the issues raised this evening. First was the issue of the satellite facilities and a maximum number of diners, and he stated that while this was an issue that needed to be looked at in the future, he did not believe it was something that needed to be resolved over the next 90 days. He felt the Dining Room, over time, needed to reinvent itself as to how they do their job, but if they are going to move to a new location, getting that operational would be a major undertaking. Referring to the election of the people from the community who are patrons of the Dining Room, he felt it made sense that some kind of election be held at the Dining Room, and whether they are homeless or residents, the patrons of the Dining Room should be identified, and they, in turn, should select two people to represent them. Referring to the issue of Rob Simon, Mayor Boro agreed that Ritter House would have an impact, noting their operation will be very close to St. Vincent's if it is located in the Ritter Street area. He felt Ritter House should appoint someone to the Committee, suggesting that should be done by the Board of Directors of Ritter House. Regarding a relocation site, Mayor Boro stated it was his understanding there were several sites in the Ritter Street area. He noted City Manager Gould had outlined, very directly, what he had discussed with St. Vincent's representative. Mayor Boro asked that there be a specific contact person, and to make sure the City is talking to the same person, in order to maintain consistency, both for St. Vincent's sake, and the City's. Mayor Boro believed there were multiple sites to consider, noting one may be available that would be ideal, or there may be others in the area that would make more sense, and he felt we should look at all of them. Mayor Boro stated he was not quite certain as to how they should resolve the issue of the facilitator/mediator. He acknowledged that at some point we would have to pick someone, noting City Manager Gould has solicited resumes from people in the field that he is familiar with, and there is a Judge being recommended by St. Vincent's. He suggested perhaps someone from the City and someone from St. Vincent's, who will not be on the SRCC MINUTES (Regular) 3/2/98 Page 20 SRCC MINUTES (Regular) 3/2/98 Page 21 Committee, but who are familiar with this process, should sit down and review those being considered, and then go back to their respective groups and make their recommendation. Mayor Boro stated he did not care who is chosen, as long as they have the skills, and will be fair about the process. However, he did not want to spend the first 90 days trying to decide who the facilitator was going to be. He felt there should be some way, by the time this meeting ends, to suggest how that is going to be done, so that person can be on board next Thursday night. Councilmember Miller noted he would like to add one more member, a representative of the disabled, suggesting a representative provided by the Center for Independent Living. Mr. Miller believed the Committee should be established from all the stakeholders, pointing out those stakeholders had to represent where they are coming from, and not be determined by any other stakeholder. Councilmember Miller noted there was room for technical assistance to come onto the Committee, in terms of other people from the community participating in the whole process, through sub-committees. He pointed out another way this could come about would be through public comment at the end of every one of the Committee meetings, noting these will be public meetings, and public comments must come, so everyone has a chance to participate. Regarding the issue of an independent audit, Councilmember Heller stated she did believe it was important to determine how many diners are being served at this time, and then plan accordingly, because if they are moving to a new location and planning for 300 diners, but are actually serving 350, then something is wrong in the pre-planning. Ms. Heller pointed out they also had to look to the different areas of the City, noting there are a lot of homeless and needy people all over the City, and she believed we needed to look at satellite locations at some point in the future. Referring to the selection of the Dining Hall patrons for the Ad Hoc Committee, Ms. Heller agreed they should choose their own representatives. She felt Ritter House absolutely needed to choose its own delegate, as they were a major player in this. Ms. Heller stated she did not understand the concern with relocating to Ritter Street, because she had understood that was an area St. Vincent's had a great deal of interest in during the past year. Ms. Heller felt very strongly that the City absolutely needs a Use Permit, noting she recalled a couple of weeks ago St. Vincent's stated they had no problem with a Use Permit. Ms. Heller believed that as a social service agency, they had to operate under the same rules the other social service agencies operate under in this City. Councilmember Phillips agreed the recommendation regarding the maximum number of diners made sense, not only for the City and the Downtown, but also operationally for St. Vincent's, to better provide service in the outlying areas for those in need. In addition, if they are building a new facility, presumably it will have a maximum capacity, and this would provide a means of providing services beyond that capacity. Referring to the selection of the diners for the Committee, Mr. Phillips stated self-determination was what the City was all about, and it seemed to make a lot of sense. He noted we would certainly want representation from among the diners, and he felt the selection should be made from those who frequent St. Vincent's. Regarding Ritter House and Rob Simon, Councilmember Phillips stated this issue was one he felt very strongly about. He reported he has had discussions with Mr. Simon, both subsequent and prior to the proposal, and he believed Mr. Simon's operation was exemplary, and greatly assists those we are all concerned about. Mr. Phillips stated he would not want to do anything that would jeopardize that operation, to the benefit of anyone, and felt it was incumbent upon Council to provide for Mr. Simon, or at least Ritter House, to be represented. Furthermore, and perhaps more importantly, Mr. Phillips believed Mr. Simon was a fair minded person, knowledgeable with the issues, and would be an excellent representative if so selected. Referring to the site, Mr. Phillips noted at the last meeting he had specifically asked the City Manager whether Ritter Street was an area in which a site could be selected that would accommodate the facility, and the answer was "Yes". Mr. Phillips stated he voted in favor of the motion at the last meeting, with specific reference to that site, noting he has evaluated that site in his own mind, and believes it has merits on a number of fronts. He pointed out he did not vote for any other location, and he was not, at this juncture, willing to consider any other location. SRCC MINUTES (Regular) 3/2/98 Page 21 SRCC MINUTES (Regular) 3/2/98 Page 22 Addressing the issue of the facilitator, Mr. Phillips stated he was unfamiliar with Judge Lynch; however, he would prefer someone other than a Judge as facilitator. Councilmember Phillips reported a letter from Sue Brown, dated today, expressed concern about the process itself, and he hoped we were not going to take steps backwards to fight or debate over the central points, which he thought had been agreed upon. He hoped we were going to move forward on the points stated in the City Manager's report. However, he reported he would state the points differently, noting he was not sure of the Charge of the Ad Hoc Committee because of the way the points are stated. He pointed out, for example, that under the items the Committee is charged with, one of the points states, "St. Vincent de Paul would agree to strictly enforce a Code of Conduct in and around the Dining Room", and asked what the Charge was, and what the Ad Hoc Committee was to address, because as it reads, this is a stated position. Mr. Philips felt perhaps it should state, "The Ad Hoc Committee should debate and agree upon ways St. Vincent de Paul could enforce Rules of Conduct", noting that would also apply to virtually all the other points. Following that format, the point which is stated as, "The Dining Room will operate under a Use Permit, similar to that of Ritter House" would be changed to show that the Charge to the Ad Hoc Committee was, "To define a Use Permit (similar to that of Ritter House) under which it would operate". Councilmember Cohen stated he was less optimistic now than when the meeting began, noting he was disappointed St. Vincent chose to lead-off its remarks to the Council by the Attorney among the legal team who seems dedicated to attacking the City and its City Manager. He stated another concern, as a procedural matter, was that somehow St. Vincent's needs to have someone who will be able to speak on its behalf, and have discussions. He noted the City has a City Manager, and if St. Vincent's has Sue Brown, as Executive Director, or if Ms. Brown would prefer to have one of the Attorneys communicate with the City Manager to ensure St. Vincent's legal position, should it decide to challenge the City and its actions in court, he could certainly understand that. However, as happened in the intervening week, between last week's meeting and this one, the confusion about who is the representative, and who we can have discussions with regarding what might be agreeable to propose in the staff report, really needs to be clarified. Citing an example which really dismayed him, Mr. Cohen reported that when the Council returned from the recess of this meeting a little earlier, there was a letter placed at his seat, on St. Vincent de Paul Society letterhead. He stated that as he read the letter, it sounded very much as though it was, word for word, the remarks presented to Council by the Attorney, but it was signed by Sue Brown. Therefore, Mr. Cohen asked, "Who is talking?" He stated we needed clarification on this, noting the message was delivered forcefully by the Attorney, but the letter, and the same words, were signed by Sue Brown. He stated if the Attorney had stated he was speaking on behalf of Sue Brown, it might have clarified things, or if Ms. Brown had read the letter to Council, herself, it might have helped them in understanding whose position it was. Mr. Cohen stated he was also concerned there might be some misunderstanding about roles and positions. He acknowledged it could certainly be argued that the City should not, in any way, feel it is in control of this process; however, he stated he would assert the Council's right to direct the City Manager, whom the Council employs on behalf of the residents of this community. He stated the Council does direct the City Manager, pointing out that is their job, and it is the City Manager's job to manage the City, subject to Council's policy direction. Mr. Cohen noted Council directed the City Manager to prepare a staff report, and to seek out whether or not certain groups would be prepared to submit names to serve on this Committee. Mr. Cohen stated Council provided several directions to the City Manager, which he believed was entirely appropriate, noting he did not feel it was outrageous, or should disturb anyone, or indicate that Council was being presumptuous. Mr. Cohen stated there were two key points made in the letter and the remarks, that caused concern and needed to be expressed. He noted the first had been spoken to, and that was the two representatives from the Dining Room, and the process for how they are selected. Mr. Cohen hoped that whatever process was used, the diners would feel comfortable with it. Councilmember Cohen stated the second issue referred to the matter of relocation. He stated the direction Council has taken was to state that we have to begin by looking at the Ritter Street area, and defining that as the geographic area described in the boundaries. They were asking the Committee to look at whether or not there was an identifiable, workable site, or combination of sites, within that geographic area, that would provide sufficient land area and building for St. Vincent's to carry out SRCC MINUTES (Regular) 3/2/98 Page 22 SRCC MINUTES (Regular) 3/2/98 Page 23 its Mission. He stated if that simply turns out to be impossible, then we will go from there, but we had to start by making our very best effort to find a site there that works. Mr. Cohen believed this was a site St. Vincent's had previously expressed interest in, and he felt it was a site that could work. He noted there has been a lot of expression of support for this site, and asked everyone to try to find a way to make it work, not necessarily limited to Klein TV, but within the geographic area Council defined in Council's motion last week. Councilmember Cohen reported this site was also reflected in a letter from St. Vincent de Paul Society, dated March 2nd and signed by Bob Kunst as President of the Board of Directors, to the Board of Directors of Ritter House. Mr. Cohen stated he really had grave concern, and needed to ask what was actually being stated. Reading from the letter, Mr. Cohen quoted, "We have a graver concern that should Ritter House's Director, Rob Simon, be selected by Ritter House to represent it on the Committee, we will not be able to confer our trust and confidence in the process". Mr. Cohen asked, "If the relationship between Rob Simon, as an individual, and St. Vincent de Paul Society's Board or Agency is so bad that his selection to serve on this Committee, by the Board of Ritter House, would result in St. Vincent's entire loss of confidence and trust in the fairness of this process, then how are they going to be neighbors?" Councilmember Cohen stated it was not his expectation or anticipation of the outcome of this process that Ritter House would end up managing, running, operating, or controlling the Dining Room, noting that was not implicit, or explicit, in his comments. Mr. Cohen noted the City has been looking to co-locate the Corporation Yard with Marin Municipal Water District and the San Rafael City School District, because we believe there is benefit to locate similar facilities on a common piece of property. He stated we might maximize the benefit to the diners and clients of Ritter House by co-locating those facilities and letting them jointly make use of the real estate, noting he believed there could be shared benefits, such as a courtyard. He pointed out that was a potential outcome which would reduce the cost of making this move, and make it more effective for everyone. He stated he was not expecting Rob Simon to run, or to take over, the St. Vincent de Paul Society; however, he asked, "If people were going to lose trust in the process by Rob Simon sitting on the Committee, how did they expect him to believe that as an outcome of this process, at the end of 90 days, they would agree to locate next door to Ritter House, as a neighbor?" Councilmember Cohen stated if they were not going to agree to that, and they already knew they were not going to agree to that as an outcome, then he appealed to them to stand up and say so, because to do anything else was to disrespect everyone who stood up and said they wanted to have an open and fair process, that they wanted to work together and collaborate, and that they wanted to make this thing work in a way that everyone can walk away feeling good about, and proud about. Mr. Cohen felt it was ironic that two years ago, when we were in mediation, St. Vincent de Paul chose Rob Simon as a member of their team in mediation. He stated he did not care to know what has happened during the past two years, but noted if, in fact, this is St. Vincent's position, they needed to come to grips with that issue, because what they are telling Council is that they cannot be a neighbor to Ritter House. Mr. Cohen stated if they cannot trust Rob Simon enough to work with him on a Committee, he did not see how they could agree to be a neighbor, and if they cannot agree to be a neighbor, they needed to tell Council that, before we appoint a Committee to waste the next 90 days. Councilmember Cohen reiterated his position that he believes a Use Permit is the appropriate vehicle to use, noting it was his expectation that the City Council would approve and grant the Use Permit to St. Vincent de Paul Society to operate a dining room in the Downtown. However, he was not under the misapprehension that the St. Vincent de Paul Society had agreed in any way that he could go into a court of law and claim there was an enforceable contract to operate under a Use Permit. He acknowledged there have been public statements indicating that would be acceptable; however, he also noted attorneys have gotten up and stated, in very carefully crafted legal language, that St. Vincent's does not agree to a Use Permit, and thinks there are other, better solutions. Therefore, to answer that question as far as St. Vincent's is concerned, he understood this issue is open yet, but he hoped Council could resolve St. Vincent's questions about the other issues, and get to a place where there is enough good faith that they will agree to this proposal, and we will be able to move forward. Regarding the issue of a maximum number of diners, Mr. Cohen noted this was something he and Sue Brown had spoken at length about this morning, and he believed it was a reasonable request that Council modify the language of SRCC MINUTES (Regular) 3/2/98 Page 23 SRCC MINUTES (Regular) 3/2/98 Page 24 the proposal. He stated he was most concerned about the impacts, which was why he felt it was appropriate for the City to issue a Use Permit and condition it, to regulate the impacts of the operation; not to say "Yes" or "No" to having the Dining Room, but to mitigate its impacts on the neighbors. He noted if a way could be found to serve 400, or even 500, at a single location with fewer, or no greater impacts, then he did not see why the City had to state, arbitrarily, that there was a hard number after which they could not serve one more meal. He did not believe putting all that service in one place was going to be workable, or that it would be possible to serve 500 lunches in one location without having an increased impact on the neighbors, who are then going to complain that they have been unfairly treated by this move. Therefore, he hoped we could work together to find an alternative model of service delivery, so they would not have to go over 300. For example, they could serve 500 lunches, but 100 of them might be in the Canal, and another 100 of them might be in another city in Marin County. Mayor Boro suggested some of the lunches might be served in our churches. Mr. Cohen noted he wanted to go on record that he was not going to state an outcome of the 90 days had to be that there is a hard and fast maximum number of diners to be served. Mr. Cohen believed we need to get to the point where we understand the concept that at some point the impacts are going to be such that we will need to move beyond just the one central location. He stated he did not expect St. Vincent's, on its own, to deliver all the resources to make this happen, and he certainly did not expect that model of service delivery to be designed and implemented in 90 days. However, he did believe that all the hundreds of people who have come down and signed cards in support of St. Vincent's could now contribute a little bit of money and effort, and help make this happen. He stated he would really like to see this happen, noting it would be better than 400 or 500 meals in one place. He felt it should be made clear that we are not making the assumption there will be a maximum number, or any hard and fast number, but he stated there had to be a way to address the impact, and to agree, at some point, on what is going to trigger a requirement that we have to go out and find another way to distribute this service. Councilmember Cohen pointed out Sue Brown raised a valid point, that if we leave this in the proposal and do not address the issue now, and there is no comment on it, someone might come back later and say it was one of the requirements voted on by Council. Mr. Cohen noted St. Vincent's has stated very clearly they do not feel comfortable with this language, and he did not feel it was necessary, as long as everyone understands we are going to have to talk about the impacts of the operation, and some way to reach an agreement if, at some point, St. Vincent's reaches a threshold where they need to find other ways to provide the service, or prove that they can mitigate the impact. He believed that had been the intent of this issue, and he was willing to give on this one, and just say it is a point we need to discuss. He felt it should be a specific Charge of the Committee to look at how that could be done, noting it does not necessarily need to be done by establishing a maximum number. Regarding the Ad Hoc Committee, Councilmember Cohen stated he supported Councilmember Miller's suggestion concerning a representative of the disabled, and had no problem with Brian Swartz. In addition, he noted the opportunity to get the Marin Community Foundation fully into this process and, maybe at the end of it, committing some resources to help satellite service delivery, may be the way to solve a couple of different problems. He suggested that if Mike Groza wanted to serve on this Committee representing the Marin Community Foundation, then he felt we should invite him to serve on the Committee. Mr. Cohen stated he was not convinced Judge Lynch was the appropriate person, noting he read the resume and, impressive as it was, he did not think Judge Lynch quite fit with the way he envisioned this process working. Mr. Cohen stated we needed someone to facilitate discussion, not mandate an outcome or a settlement, but someone who can draw people out, get them to talk, and get them to listen to one another. He hoped, through that process, the Committee itself could work out something everyone would be comfortable with. He agreed the City and St. Vincent's should agree on who the facilitator will be. Councilmember Cohen noted we now had a large Committee, and he hoped people would acknowledge that the Council had listened, pointing out the City first recommended eleven members, and we were now at seventeen members, all six of those additional members having been suggested by participants of these discussions other than the City or its staff. Bob Kunst, President of St. Vincent de Paul Society, referred to two issues addressed by Councilmember Cohen. He stated when the City and St. Vincent's were in negotiations, and the subject of the Use Permit was SRCC MINUTES (Regular) 3/2/98 Page 24 SRCC MINUTES (Regular) 3/2/98 Page 25 brought up, the representatives from St. Vincent's had to bring that issue back before their Board of Directors, and it was not decided upon during the negotiations. Mr. Kunst stated that while he was in favor of the Use Permit, on the basis of moving ahead, the Board of Directors and President of St. Vincent's opposed it. Addressing the issue of Rob Simon, Mr. Kunst stated he personally liked Rob Simon, and thought he was a great person. However, the Directors of St. Vincent's did not feel his statement of wanting to direct the Dining Room was in their best interest, noting they believe they have adequate staff, and Executive Director Sue Brown is more than capable. He believed the new Board of Directors, being formed to take charge of the Dining Room as a community dining room, would present to the community a much better and broader Board. Mr. Kunst stated he cared as much for the Councilmembers as he does for those he takes care of at St. Vincent's, noting they are all his friends. He stated we were all here to solve a community problem, but noted it is all laid on St. Vincent de Paul as St. Vincent's problem, and he felt it needed to be seen on a broader base, and that the things that happen with the people they take care of are somewhat beyond St. Vincent de Paul's grasp. He stated that grasp should really be part of a community situation, to overcome the ills that prevail in our community. Councilmember Cohen asked if Mr. Kunst understood what was being asked? Mr. Cohen stated he was not looking for Rob Simon to run St. Vincent de Paul, and does not question the ability of St. Vincent's staff; however, he needed to know whether or not Mr. Kunst was stating he would not be able to operate next to Ritter House? Mr. Kunst stated that would be absolutely no problem, noting if it could work out, that would be fine. Mayor Boro noted we have to learn from the past, so we do not fail in the future, and his one admonition to the Committee was to "know who is on first base", noting, for example, the letter being written by one person, signed by another, and delivered by a third. He stated that as we go forward, he would like to know who the Board of Directors are, when they meet, if their meetings are open, and if the public can come to those meetings, as they do the City Council meetings. He believed if we are going to be dealing with St. Vincent's as a community, we needed to know who they are, and who is empowered, because he does not want to hear the next Executive Director say, "Well, I wanted to do it, but my Board would not let me". Mayor Boro stated that as we go forward, if St. Vincent's is going to represent something to this group of fifteen or seventeen, he does not want to get to a Council meeting after the Committee completes its process, and then hear that St. Vincent's had a Board meeting, and they have changed their mind. He stated we have been through this process a number of times, and it was not fair to the people, nor to the community. Clarifying issues that had been discussed this evening, Mayor Boro stated that although we will have to come up with the number of diners served in order to plan for the facility, Council would not be discussing any limits at this point, and the satellite locations will be an issue that will be addressed in the future. Referring to the make up of the Committee, Mayor Boro stated it was agreed that the diners would self-select their representatives, and Ritter House would choose its own representative. He also clarified there were multiple sites for the Committee to look at within the Ritter Street area. He noted Council agreed the disabled community would have representation on the Committee, and Mike Groza, Marin Community Foundation, would also be a member of the Committee. Mayor Boro stated he was assuming Brian Swartz would be the second member representing the social service agencies. Referring to the question of an independent audit, Councilmember Heller stated she still believed it was important to look at the number of patrons and clients being served at this point, so there is a base to start with. She wanted to make sure that when St. Vincent's moves to a new facility it will not be built for 200, but end up serving 300. Mayor Boro clarified that was a separate issue from a maximum allowable number of patrons to be served. Councilmember Phillips felt the Charge to the Committee needed to be rewritten and addressed in terms of action steps, noting the charge should be directed more toward outcome, rather than a statement of fact. City Manager Gould noted the report refers to the Ad Hoc Dining Room Committee and states, "It would be immediately formed with the representatives of various stakeholder groups, to select a specific relocation site, at the Ritter Street area, and provide the specifics of the above listed parameters, during the 90 day period". Councilmember Phillips stated that would be all right, as long as it was clear that the City is expecting a response to each of those points. SRCC MINUTES (Regular) 3/2/98 Page 25 SRCC MINUTES (Regular) 3/2/98 Page 26 Mayor Boro asked the Councilmembers for their thoughts on the Committee's representatives from the City. Councilmember Miller suggested the elected City Attorney, Gary Ragghianti, who has had a good relationship with everyone, and, as an attorney, represents the best interest of the City. In addition, Mr. Miller recommended Police Chief Sanchez, as the lead person in Community Policing. Mayor Boro and Councilmembers Cohen, Heller, and Phillips agreed with those recommendations. City Manager Gould asked for Council's direction on the choice of a facilitator, noting if, indeed, Council intended the first meeting of the Ad Hoc Committee to be held next Thursday, we would have to work very fast. Mayor Boro asked who at St. Vincent's would be the person who could sit down with City Manager Gould, review a series of resumes, and if the two agree, have the agreement of St. Vincent's to go forward with that? St. Vincent's Executive Director, Sue Brown, stated Mr. Burke, member of St. Vincent's Board of Directors, would have that authority. Mayor Boro stated if Mr. Burke and Mr. Gould agree on a facilitator, then we can go forward. Mr. Gould pointed out the short timeframe, the intenseness of the commitment, and the complexity of the issues involved, and noted he did not, at this time, have commitments from anyone to do this. Mr. Gould stated there was a firm that provides these services, and has a stable of facilitators, and he knows of one individual who has done excellent work and comes highly recommended, but she has not returned his telephone calls. Therefore, he was not certain he would have a series of resumes to submit to Mr. Burke, although he hoped that by the end of the week they would be able to identify someone with the requisite skills. Mayor Boro suggested Mr. Gould and Mr. Burke work together to get us to that point, with each of them identifying the people they can through their own sources. Councilmember Cohen stated his mind was in no way closed, noting he believed Judge Lynch was most likely a very honorable and capable Judge, and although Mr. Cohen was not certain Judge Lynch had the type of qualities he was looking for, if Mr. Gould and Mr. Burke decided that Judge Lynch was the best person available to do this, Mr. Cohen stated he would be perfectly comfortable with that. Mayor Boro stated the press will publish the date and time of the first Committee meeting so the public will be informed and can attend, and noted that at the initial meeting the Committee will schedule dates and times for future meetings. Sue Brown asked if Mayor Boro wanted her to respond to Councilmember Cohen's earlier question regarding the Attorney representing St. Vincent's reading her letter before Council? Mayor Boro stated the point was that the meeting started off a little rocky when he knew the City Manager had spoken with two different people during the past week regarding the Committee, and then the allegation was made that he was kind of independent. He stated that was why he made the point that there should be some consistency in who is representing St. Vincent's when they are dealing with the City Manager, noting if that person is unhappy, he or she should come before the Council and complain about it. He stated it did not make sense for someone to think they had an understanding, and then have someone else get up and characterize him as being uncooperative. Councilmember Cohen stated he wanted to be very clear the Council was making a proposal to the St. Vincent de Paul Society that over the next 90 days an Ad Hoc Committee representing the various stakeholders in this discussion, come together to see whether or not they can craft a workable solution out of the five points the City Council endorses as Conditions for a Downtown location. He asked if St. Vincent's felt there were aspects of this that should be modified, or conditions Council could fine tune, to please tell them now, and if they felt this was not going to be workable for them, to please not come to the meeting next week and start the process. However, if they felt this might offer a solution, then we should all get started on it, and see if the Committee can work things out. By way of making a motion, Mr. Cohen explained this was a proposal to the St. Vincent de Paul Society, under which the City was willing to participate. He referred to the first five conditions, and noted the City had discussed the concept behind the sixth point, regarding the maximum number of patrons, and modified that as an item for future discussion. Mr. Cohen stated he was looking for the Committee to select a specific site within the geographic area previously described as the Ritter Street area, and to "flesh-out" those five points; what would a Use Permit look like, what would a Code of Conduct look like, what is a neighborhood committee about? He stated he would include, as part of that proposal, that Council would ask St. Vincent de Paul Society to name two representatives; the City SRCC MINUTES (Regular) 3/2/98 Page 26 SRCC MINUTES (Regular) 3/2/98 Page 27 would name the elected City Attorney and the Chief of Police; we would ask the Chamber of Commerce to name one member, the Business Improvement District to name one person; the Federation of San Rafael Neighborhoods to name two people; Ritter House to name one person, and we would ask Brian Swartz to serve, as suggested by St. Vincent de Paul Society, representing other social service providers; we would ask the faith community, through the Marin Interfaith Council, to name two representatives; the diners to name two of their own; the Human Rights Commission to name one representative; the Marin Center for Independent Living to name a representative of the disabled; and we would ask Mike Groza of the Marin Community Foundation to serve on the Committee, as well. In addition, Council would also ask the City Manager and Mr. Burke to jointly agree on a facilitator to open the first meeting, which the City suggested be held at the San Rafael Community Center on "B" Street, on March 12th, at 4:00 PM. Councilmember Miller seconded this motion. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro asked Sue Brown if she was satisfied with the procedures as outlined by Councilmember Cohen's motion? Ms. Brown stated she was satisfied. 16. CITY COUNCIL REPORTS None. There being no further business, the meeting was adjourned at 11:40 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/2/98 Page 27