HomeMy WebLinkAboutSPJT Minutes 1998-02-23SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 1
IN THE COUNCIL CHAMBER, OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 23, 1998, AT
7:00 PM
Special Joint Public Hearing: Present:
San Rafael City Council/
Councilmember/Member
San Rafael Redevelopment Agency
Councilmember/Member
Cyr Miller, Councilmember/Member
Gary O. Phillips, Councilmember/Member
Albert J. Boro, Mayor/Chairman
Paul M. Cohen,
Absent: None
Barbara Heller,
Others Present: Rod Gould, City Manager/Executive Director
Gary T. Ragghianti, City/Agency Attorney
Jeanne M. Leoncini, City Clerk/Agency Secretary
SPECIAL JOINT PUBLIC HEARING - TO CONSIDER ALTERNATIVES FOR RELOCATION OF THE
ST. VINCENT de PAUL DINING ROOM, INCLUDING PROPOSED CONDITIONS OF A CONDITIONAL
USE PERMIT, AS WELL AS PROPOSED OPERATIONAL CHANGES (RA) - File 9-2-49 x (SRRA)
R-140 #8
City Manager/Executive Director Gould stated the issue before them was about the
St. Vincent de Paul Dining Room in San Rafael, explaining it has never been
about pushing the Dining Room out of the City of San Rafael. He noted some
people have been misinformed on that point, and others just refuse to face the
facts. Mr. Gould stated the issue was about how and where the St. Vincent de
Paul Society provides food for the poor in our community. He reported since
1982 there have been problems that remain unsolved today, noting the issue was
not even about the majority of the diners at the Dining Hall; indeed, it was a
minority of the diners at the Dining Hall that abused the privilege of the free
dining service, and threatened the sense of safety and order in the Downtown,
through criminal and anti -social actions.
Mr. Gould stated he would summarize the chronology of events; ask Police Chief
Sanchez to describe present issues involving crime and calls for service in and
around the Dining Room; set forth some of the operational issues, as City staff
sees them around the Dining Hall; briefly touch on an analysis of a variety of
sites; and then make a proposal to the City Council, Redevelopment Agency, St.
Vincent de Paul Society and the community, which would set a framework for the
resolution of these lingering problems.
Mr. Gould reported that in 1982, St. Vincent de Paul set up a free Dining Room
at 820 "B" Street in the City's Downtown, stating their mission was noble and
simple, to provide one free hot meal to the poor each day; however, for the next
decade, problems increased throughout the Downtown. There were complaints about
panhandling, public drunkenness, drug dealing, verbal abuse, litter, and public
urination attributed to the diners. He reported businesses left "B" Street, and
the City responded to these complaints by seeking St. Vincent's assistance in
resolving these problems; however, the problems persisted.
Mr. Gould stated in January, 1992 the St. Vincent de Paul Society recognized the
existence of loitering, aggressive panhandling, confrontational behavior, public
drunkenness and drug dealing in the vicinity of 820 "B" Street, and established
a policy that any diner engaged in these behaviors would be warned, and if the
behavior continued, they would be banned from the Dining Room. That year the
St. Vincent de Paul Dining Room Relocation Committee was formed, with
representatives from St. Vincent's, the City, neighborhoods and businesses.
Their charge was to identify sites for relocation, and establish satellite
dining rooms in Central Marin, Novato, and Sausalito, to decentralize and defuse
the impact of the Dining Room on "B" Street, and the greater Downtown area. Mr.
Gould stated a lot of work was done by this Committee, numerous sites were
considered and evaluated, sites near Bret Harte were considered and rejected,
and conditional offers of purchase were made, but no relocation decisions were
made, nor final actions taken. Between 1992 and 1996 problems continued to
mount in and around the Dining Hall, as did demands from businesses and the
community that the Dining Hall be relocated, or removed from the community all
together. Accordingly, mediation was mutually sought by the City and St.
Vincent's, in order to aid the resolution of these issues.
Mr. Gould reported that between March and August, 1996 mediated discussions were
held under the auspices of the Marin Community Foundation. These discussions
ended in August, 1996 with an agreement that the Dining Hall would move outside
the Downtown, and operate under a Use Permit. Mr. Gould noted a Use Permit was
currently required of high volume restaurant facilities and other social service
agencies, but at the time, the City's Zoning Ordinance did not require it of the
Dining Room in 1982. Mr. Gould reported on September 18, 1996 Seamus Kilty,
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then President of the Board of Directors of St. Vincent de Paul wrote Mayor
Boro, and informed him St. Vincent's Board would not accept operating under a
Use Permit, unless it was purely voluntary. Citing Mayor Boro's letter of
September 20, 1996 in response to Mr. Kilty, Mr. Gould quoted, "Your mission of
feeding the needy in our society is noble, but your means of carrying out the
mission have harmed the Downtown and divided our City, and further, I find it
hard to comprehend that the other social services providers in San Rafael
operate under a Use Permit and have no problems with the City of San Rafael, yet
you refuse to accept this legal concept. I find it mystifying that an
organization such as yours, which deals with a clientele that needs a sense of
order in their lives, refuses to provide that benefit to your clients, as well
as to the community. A fresh start in a new location, outside the Downtown,
under a verifiable and enforceable Use Permit, is the only avenue to allow the
needs of your patrons and the broader community interest to be mutually well
served".
Mr. Gould stated that on November 18, 1996 the Redevelopment Agency, which had
long been considering the redevelopment of the "B" and Second Streets area,
adopted a Resolution determining the need for redevelopment of the area,
including the St. Vincent's parcel. The purpose was to eliminate blight and
meet the City's goals, as stated in the Vision for the Downtown, including
improving the mix of Office, Commercial, Retail, and Residential uses in the
Downtown. Thereafter, a change in leadership occurred at the Dining Room, and
Bob Kunst replaced Mr. Kilty as President of the Board of Directors, and Sue
Brown was hired as Executive Director. Mr. Gould noted at that time, Sue Brown
stated relocation was an opportunity for St. Vincent's to bridge some of the
gaps in services, and stated moving could be one of the best things that could
happen to the City, the County, and the poor people of the community. Mr. Gould
stated many people cheered that Sue Brown had been chosen as Executive Director,
because of her prior experience with Ritter House.
On December 16, 1996 the City Council and St. Vincent de Paul jointly issued a
Resolution of Cooperation, for the express purpose of relocating the Dining Room
under a mutually acceptable set of Conditions, and a Use Permit. On April 15,
1997 Sue Brown expressed concern that moving outside the Downtown might prove a
hardship for the most vulnerable of the diners, such as the seniors and the
disabled. The City, in turn, expressed an interest in finding a way to serve
the seniors and physically disabled in the Downtown, while relocating the bulk
of the Dining Room operation outside the Downtown. In May, 1997 a set of site
selection criteria was jointly agreed upon by the City Council and the Board of
Directors of the St. Vincent de Paul Society, and from May through December,
1997, representatives from St. Vincent's and the City met on several occasions
to discuss suitable sites, a Use Permit, and operational changes to the Dining
Hall. Mr. Gould stated these meetings were held outside the public purview,
noting it had been decided that, in view of expediency, it might be easier to
come up with a set of possible relocation sites without making the meetings
public.
Mr. Gould reported that in July, 1997 the realty firm of Keegan and Coppin
prepared a report on eight potential sites, noting it clearly indicated on the
cover of the report that none of the sites had yet been determined to be
appropriate, and that they would all have to be reviewed in terms of the site
selection criteria for their appropriateness. Mr. Gould stated many of the
sites were quickly determined to have significant disadvantages. In August,
1997 Councilmember/Member Miller traveled to the City of Phoenix, Arizona to
witness the decentralized manner in which the City of Phoenix provides for the
feeding of the poor. Mr. Gould reported Phoenix utilizes twenty-two satellite
serving stations for the needy, including five which are operated by the St.
Vincent de Paul Society. Mr. Gould noted Mr. Miller reported his findings to
St. Vincent's representatives.
In October, 1997 the Redevelopment Agency adopted a Resolution authorizing the
release of a Request for Proposal for the "B" Street Redevelopment Project Area,
and at that meeting Mr. Kunst stated St. Vincent's was prepared to move, was
working to find suitable sites, and wanted assurances that time would be
permitted to make an orderly move. On December 8, 1997, the Agency received a
proposal from Monahan/Parker, Inc., a property owner in the "B" Street Project
area, to carry out the "B" Street Redevelopment Project.
Mr. Gould reported that between August and December, 1997 residents of the Bret
Harte neighborhood became increasingly concerned that the City and St. Vincent's
might be focusing on sites in the vicinity of their neighborhood. The City
received numerous calls and letters, culminating in a petition containing over
480 signatures opposing any relocation in the vicinity of the Bret Harte
neighborhood. In December, 1997 the City provided a set of draft conditions for
a Use Permit to St. Vincent's, along with information about how services might
be provided to seniors and the physically disabled in the Downtown. Mr. Gould
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noted that during this period, public demand that these discussions be made
public intensified.
Mr. Gould reported that by December of last year it was clear the analysis of
various sites was taking St. Vincent's staff and City representatives in
different directions, and they were unable to come to an agreement upon sites;
therefore, it was decided to set this date for a public meeting to discuss the
relocation of the Dining Room, to put the sites and issues before Council and
the public. Mr. Gould noted in January, 1998 St. Vincent's initiated a
community campaign for keeping the Dining Room in the Downtown, this despite
numerous commitments in the past to move it outside the Downtown.
Mr. Gould reported on February 17, 1998 the Redevelopment Agency considered a
staff recommendation to authorize negotiations with Monahan/Parker, Inc. for a
Disposition and Development Agreement for the "B" Street Redevelopment Project,
and over 400 people attended that meeting. He noted a great many of them spoke
of the need for keeping the Dining Hall in the Downtown, and at that time the
Redevelopment Agency decided to hold the item over to a future meeting.
Referring to what was known about the services and current situation, Mr. Gould
pointed out some things were known for certain, while others we were not quite
so sure about. He noted St. Vincent's stated they serve between 275 and 300
lunches each day, between 11:00 AM and 1:00 PM; approximately 40% of their
diners live in the Downtown, another 40% are without homes, and 20% live in the
Canal neighborhood. According to St. Vincent's, 30% of the diners are women and
children, and 20% of the diners are seniors. Mr. Gould acknowledged the City
had not had an independent audit of these numbers, noting perhaps we should
have. However, based on a recent count during a three-day period, the City
estimated the number of diners at between 120 and 125 per day. Mr. Gould
reported the Downtown Foot Patrol and City staff also observed that the great
majority of diners, estimated to be over 70%, appeared to be able bodied people,
between the ages of 20 and 40 years old, and that the majority of them were
males. Mr. Gould stated the City believed approximately 5% of the diners were
seniors, and even fewer were children. He noted that according to the Downtown
Foot Patrol Officers, a number of the diners represent transients who have come
from elsewhere, and are attracted, in part, due to the reputation of the Dining
Hall, reporting some come from as far south as San Diego, and as far north as
Seattle to partake of these services. Therefore, it would appear that it was
quite reasonable that the diners would be able to reach another location, if it
were reasonably close, because they are able bodied. Mr. Gould also pointed out
the City had found ways to feed seniors and the disabled.
Mr. Gould asked Police Chief Sanchez to address the level of criminal activity
and calls for service at the Dining Room over the past five years.
Police Chief Sanchez noted some have stated the City was attempting to harm the
St. Vincent's Dining Hall and its mission, noting this falsehood had,
unfortunately, become the conduit of an extremely negative campaign, which had
manifested itself into an atmosphere which clouds the real issues regarding
crime, and the fear of crime, in the Downtown area. Chief Sanchez believed it
should be stated that they, as a Police Department, and as public servants,
agree that being homeless is not a crime, nor is being hungry. There are,
however, some individuals who have, in fact, caused Chief Sanchez and his Police
Officers some concern, from time to time, at the Dining Hall. Chief Sanchez
noted that only by working together could they, as a Police Department, continue
to provide, and even enhance, the appropriate and necessary services, not only
to the Dining Hall, but to patrons of local business and the Downtown community.
Chief Sanchez regrettably informed the City Council that in the Downtown area,
the most chronic area for drug dealing, drug use, alcohol abuse, and disturbing
the peace, was centered in and around the Dining Hall. Chief Sanchez noted he
was not stating all of the patrons who take advantage of this wonderful ministry
were the cause of that, in fact most, if not all of those individuals who do
cause the concern, were not at last Tuesday night's meeting, and none of them
were attending this meeting. He pointed out the people he was seeing tonight
were certainly deserving of this service and ministry, and he applauded those
efforts of St. Vincent's. However, there were issues he believed were real,
noting the statistics spoke for themselves. He stated there were issues in the
Downtown area which he believed everyone who cared about the Downtown area
should realize and come to grips with, and also come to grips with the fact that
we must work together if we are to see success.
Chief Sanchez stated in January his Patrol Division reported several instances
occurring inside the Dining Hall, pointing out this was not to say Ms. Brown or
her staff allowed criminal activity, noting they were honorable people. However,
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he noted there are those individuals who choose to disrespect the Dining Hall's
Rules of Conduct, and also choose to disobey the laws of the land, which he and
his staff enforce on a daily basis. Chief Sanchez stated we had to stop and
think about the consequences some of these individuals do not face when they
disrupt the services at St. Vincent's, when they cause problems for the Police
Department, and when they cause problems for the neighbors of the Dining Hall.
Reporting on an incident which occurred in January, Chief Sanchez stated his
Foot Patrol Officers were asked by one of the employees to go inside the Dining
Hall and disperse a group that was upstairs near the apartments. Upon entering,
the Officers confronted individuals they had never seen before, individuals who
had not eaten yet, but had made it upstairs, and were holding methamphetamines
and rock cocaine, and arrests were made. Chief Sanchez also reported that in
the side entrance, during hours of operation in the middle of the day, his
Patrol Officers have cited and released several individuals for syringes,
methamphetamine, rock cocaine, and marijuana. Chief Sanchez reiterated that he,
as a Police Chief, was not here to disrupt the mission, but only to ask that we
also look beyond the mission, to discuss consequences. He noted these were just
two or three incidents brought to him by his Patrol Officers who work the
Downtown Foot Patrol, work in Police cars, and observe such things as alcohol
abuse, littering, and assaults.
Chief Sanchez referred to the issue of Restraining Orders, stating several
individuals who have caused problems within and around the Dining Room had been
served with Restraining Orders, either by someone from the Dining Hall, or a
neighbor. He reported that, unfortunately, his Officers had observed
individuals served with Restraining Orders waiting across the street or around
the corner, and someone from the Dining Room bringing them a hot meal. Chief
Sanchez stated he understood the feelings of compassion and commitment to the
mission of serving; however, he stated it was a slap in the face to law
enforcement, and even to the Dining Hall itself, when a Dining Hall Board Member
or Director serves Restraining Orders to certain individuals, only to have them
ignored by other members of the staff, noting they have seen this time and time
again. Chief Sanchez reiterated he was not stating all patrons, or even a large
percentage, cause the problems, or are narcotics users; however, he believed
they had disregarded and disrespected what Sue Brown has tried to do, and they
had disrespected and ignored the Code of Conduct that was posted on the wall.
Chief Sanchez stated tonight, as the City's Police Chief, he was asking that
consequences of some kind be developed. He reported he had recently attended a
meeting with the Board of Directors of St. Vincent's, where he was told again
that the mission of St. Vincent's was to feed needy people. Chief Sanchez
stated he applauded those efforts, noting it was the Christian thing to do, and
the right thing to do; however, there had to be some parameters set. He noted
his answer that night had been that he applauded the efforts at ministry, but
that we also had to think about the neighbors, the City, the other businesses,
and the other citizens who do business and walk in the Downtown. He pointed out
it was important for everyone to know there should be some sort of consequence
for behavior that was not conducive to the mission, the By-laws, and the Rules
of Conduct already posted within the Dining Room. Chief Sanchez noted rules
were not rules if they could not be enforced, and if there were no consequences.
Chief Sanchez asked people to understand that Police issues were not the reason
for the discussions of relocation, noting that was a redevelopment issue;
however, he noted the chronic concerns he was sharing this evening put everyone
at risk. He stated more people would go to the Dining Hall if they knew it was
truly a safe place to be at all times, and as the Chief of Police, he asked that
he and his Department be allowed to assist St. Vincent's in making this happen.
Chief Sanchez stated there were many folks in need, those who needed to be
served and needed this service, and it was his desire, as the City's Police
Chief, to see all patrons feel safer and well protected by the Dining Hall staff
and the Police Department, noting this desire included the neighbors and the
other Downtown establishments.
Chief Sanchez invited the Boards of St. Vincent de Paul and Ritter House to join
him and the Police Department as they embark on a new program called Community
Oriented Policing. He stated this was critical, and he believed that together
much could be accomplished.
Chief Sanchez stated copies of the Police Department's Calls for Service were
available, noting they were all true calls. He reported crime was rising in and
around the sphere of influence of the Dining Hall, and his goal as Police Chief,
was to stop that from rising. He stated he could not do that alone, noting the
Police Department needed the help of the public in understanding that some of
the parameters and some of the options they were hearing about tonight were not
self-serving, but critical to making this work. He believed the numbers he had
quoted spoke for themselves.
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City Manager/Executive Director Gould referred to additional operational issues
concerning the Dining Hall, reporting that since 1995, under the State's smoking
laws, the Dining Hall had been forced to have its diners stand outside the
Dining Room in order to smoke, and this had caused additional complaints. Mr.
Gould noted staff believed that by relocating the Dining Room to another
facility that was more conducive to its services, they could provide an inner
courtyard or a smoking area, allowing the diners to congregate inside, or out of
view from the street, causing less loitering, panhandling, and anti -social
behavior in the immediate vicinity of the Dining Room. Noting Chief Sanchez had
mentioned the Code of Conduct, Mr. Gould stated the City felt there was a
philosophical debate with St. Vincent's Board of Directors, reporting the Board
had, at numerous times during discussions over the years, expressed an aversion
to denying food to those who would break the Code of Conduct, especially those
who were drunk or under the influence of drugs. Mr. Gould stated the City
believed this might send a signal to some that the Dining Room was a safe haven
from rules, and their consequences, concerning anti -social behavior.
Mr. Gould reported the Board had recently modified its stance and stated those
who were inebriated or under the influence of drugs would be given their lunches
in paper bags to be eaten outside the Dining Room. However, Mr. Gould noted
this just contributed to more litter, and did not have any consequences for this
type of behavior, and from staff's viewpoint, was less effective, and actually
caused more problems than before. Mr. Gould noted, as Chief Sanchez had pointed
out, people who had been banned from the Dining Room had been observed across
the street, receiving food from St. Vincent's staff.
Mr. Gould stated serious enforcement efforts must be forthcoming in the Dining
Room's new location, pointing out a Use Permit was necessary if the Dining Room
were to relocate and reinvent itself, and resolve these lingering issues. He
stated we have seen Ritter House succeed wonderfully in the Downtown. He
reported three years ago the City Council took on the Downtown merchants, taking
a position in support of Ritter House, and the City believed the day service
center could be managed in such a way that it would be compatible with
commercial interests and the peaceful uses of the Downtown. Mr. Gould noted
Ritter House had met those obligations, and a year later when it was time to
expand, did so without any objections from the Downtown. He pointed out it had
since become an admired and respected member of the business community, and the
reason was that Ritter House makes clear that anyone engaged in drug dealing,
panhandling, public drunkenness, drug use, fighting or intimidation, littering,
or any other abuse, will be prohibited from receiving its services. Mr. Gould
noted this has been lacking at the Dining Hall.
Mr. Gould reported that in December the City transmitted to St. Vincent's the
proposed Use Permit Conditions, and heard from their representatives that they
were in general agreement with those conditions, which were modeled on those in
place at Ritter House, and established a framework the community could count on
for the operation of the Dining Room, which was verifiable and enforceable. Mr.
Gould stated they were anything but onerous and were, in fact, quite reasonable.
He noted much of the emphasis in the proposed Permit Conditions was focused on
reassuring that St. Vincent's would be more responsible for the behavior of the
diners, both inside and outside the Dining Room, noting the City suggested site
specific conditions be developed through a public hearing process when the
actual site was identified and agreed to. Mr. Gould stated the City also
believed a neighborhood committee, also successful at Ritter House, should be
set up to work with St. Vincent's, composed of neighborhood representatives and
adjacent businesses, to directly voice concerns regarding loitering, crime,
littering, and other concerns, work with St. Vincent's to resolve these issues,
and report on an annual basis to the City Council and St. Vincent's Board of
Directors about adherence to the Code of Conduct and the Use Permit, as well as
calls for Police services and neighborhood concerns.
Referring to the issue of satellite sites, Mr. Gould noted the concept had been
around for quite a while, and had been demonstrated to be effective in many
cities across the nation; however, the City and St. Vincent's representatives
had not been able to come to agreement about pursuing this model of dining room
operations. Mr. Gould reported the idea was to have one location for the
preparation of meals, and then distribute the food to several locations across
the City, noting in this way there would not be as great an impact on any one
location in the City. He stated the City believed this would be less intrusive
on surrounding businesses, and the community as a whole. Mr. Gould stated St.
Vincent's representatives expressed interest in this approach, but made clear
that the operation be relocated in its current configuration, before satellite
services would be considered, and he noted the City respects that. Mr. Gould
stated the City felt this was an excellent opportunity for the faith community
to step forward and assist St. Vincent's in fulfilling its mission, noting St.
Vincent's could prepare the meals at its new location, and transport them to
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various churches and other locations, where volunteers could distribute them to
smaller groups than the large one currently congregating in the Downtown at a
single site. This way neighborhoods could all do their fair share. He noted
there were also other service providers who were ready to step up and assist in
this endeavor, whether it was providing the food, transportation, or security
services. Mr. Gould stated the City had identified a number of them, and would
like to engage them in a discussion of the best way to provide this service.
Mr. Gould reported St. Vincent's suggested alternatives to satellite sites,
noting one was the provision of transportation of the diners, to take them from
the Downtown to the new site, and then return them Downtown after the meal. Mr.
Gould stated the City felt it would be more efficient and effective, and more
convenient, to bring the food to them, rather than the diners to the food. He
reported at one point in the discussions they learned an individual had offered
a mobile feeding truck to the Homeward Bound organization, with the provision
that it be adequately maintained and used for this purpose, and at that time the
City offered to provide fuel and maintenance for the truck, if it were used for
that purpose.
As far as proximity to the needy, and where would be the best place to locate
the central feeding center, he noted many people believed it would be in the
Downtown. However, in looking at the 1990 census, the area where there was the
greatest number of people in need of the service seemed to be in East San
Rafael. According to the census, 87 people in the Downtown were receiving
public assistance in 1990, compared with 381 households in East San Rafael.
However, the City heard the community loud and clear last Tuesday when it said
the Dining Room should remain in the Downtown. Regarding the number of people
being served, he stated the City believed it needed to do an independent audit
to determine what the proper number was, and having determined that number, add
a factor for expected growth during the next couple of years, and then cap it,
and state that beyond that number, additional diners should be served elsewhere,
through satellite sites. He noted they could be served at Whistle Stop,
churches, hotels, and/or the Community Center, at nominal or no cost to St.
Vincent's, pointing out the City had provided evidence to St. Vincent's that
this was, indeed, possible.
Mr. Gould reported the City had conducted a long search for the optimal site for
St. Vincent's relocation. He noted it was complicated by the fact that the
economy was so strong now, many of the sites that had been available several
years ago were no longer available, and the price of the sites had risen
considerably. In addition, the Site Selection Committee criteria ruled out many
locations, by making certain the Dining Room would not be proximate to
neighborhoods or schools, it would be close to transportation and close to the
Downtown and East San Rafael, and that it would be an inviting location devoid
of a poverty stigma. Mr. Gould stated there was much public interest in which
sites were being discussed and considered, noting Pages 11 through 14 of the
staff report described some of the advantages and disadvantages of the ten sites
that received the most consideration, and pointing out an attachment that went
into greater detail about some of the specifics of those sites.
Mr. Gould stated the City heard many things at the meeting last Tuesday night,
noting many people came and spoke forcefully and passionately, and one of the
things that seemed to be a common refrain was that the Dining Hall should remain
in San Rafael's Downtown. He reported many people felt St. Vincent's Dining
Room should be part of the "B" Street Redevelopment Project; however, the City
conferred with the Developer and analyzed that prospect, and concluded that it
probably was not viable. He stated the idea of a Mixed Use project combining
Retail, Office, and a substantial Residential component with affordable rents,
anchored by an expanded Dining Room, did not appear to be financially feasible,
noting this was what the City had been told by the Developer.
Mr. Gould reported the City was challenged that night to come up with a proposal
that was innovative and creative, and was also asked to think "outside the box",
and propose something that was likely to resolve these issues in a
compassionate, yet effective manner. Therefore, Mr. Gould was offering the
following proposal, which represented a major departure from the City's position
over the years. Staff recommended the City Council and Redevelopment Agency
endorse the relocation of St. Vincent's Dining Room to a Downtown location in
the Ritter Street area, defining that area as the parcels bounded by Ritter
Street, Second Street, Lincoln and Lindaro Avenues. He stated the City believed
this site met all of the siting criteria set forth by St. Vincent's, noting it
was a suitable area in the Downtown, included many other social services, and
was accessible by transit and walking. He stated the City believed it could
create a space that would be better suited, and have an internal space for
patrons to congregate and smoke. In addition, the proximity to Ritter House
offered two major opportunities: first, because Ritter House was an accepted and
respected social service provider, Ritter House and St. Vincent's could
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consolidate and share services, and provide a more comprehensive approach to
serving this population. Mr. Gould pointed out Ritter House provides health
services, counselling, furniture, clothing, and medical care, as well as
showers, to the needy in our midst, and asked why not do that in a place where
they could also receive a hot meal? Mr. Gould noted those in government were
often asked to share resources and consolidate, to save money and provide a
higher level of service, and the City believed it might be possible for Ritter
House and St. Vincent's to share staff or volunteers, and perhaps even merge at
some point in the future. The City believed there were real opportunities to
enhance services to the community, and at the same time, if St. Vincent's would
accept the same kind of structure, the same Conditional Use Permit, and the same
kind of Code of Conduct, and enforce it the way Ritter House does, the City felt
the community would also benefit. He noted Ritter House received very few
complaints anymore, and people have accepted its existence, and the City hoped a
fresh start next to Ritter House, and sharing with Ritter House, would let
people know that something had changed, and St. Vincent's was reinventing
itself.
Mr. Gould stated the City would insist on a Use Permit, that St. Vincent's
institute sound management control, and the ongoing Neighborhood Committee
described earlier, noting the City believed the discipline of a Use Permit, and
consistent enforcement of the Code of Conduct were essential for attaining
complete community trust and confidence. He stated ongoing communication with,
and accountability to the neighbors of the Dining Room would ensure a reduction
in crimes and complaints in the neighborhood.
Mr. Gould stated the City was also suggesting an independent study of who was
using the Dining Hall, and then based on the physical facility that was
developed, determining what the maximum number was, including some factor for
growth, and beyond that number, satellite sites be developed, noting the sites
could be elsewhere in Marin, or in San Rafael. Mr. Gould reported the City also
believed an Ad Hoc Dining Room Committee should be developed, suggesting two
representatives of St. Vincent de Paul; two from the City; representatives of
local businesses appointed by the Chamber of Commerce and the Business
Improvement District; neighborhood representatives, perhaps appointed by the
Federation of San Rafael Neighborhoods; social service providers, and here it
was recommended there be a representative from Ritter House, because it would be
adjacent, and Homeward Bound, because it was also one of the major providers;
and a representative of the Human Rights Commission. He noted this body would
be charged with working with St. Vincent's and the City to ensure the efficient
and compassionate operation of the Dining Hall into the future.
Mr. Gould stated the City believed this proposal would meet the needs of the
Dining Room, as expressed repeatedly throughout the years of negotiation, noting
there was nothing being put forth that St. Vincent's had not expressed its
support for, or requested in the past. He stated if St. Vincent's rejected the
preferred relocation area, the Conditional Use Permit, or other operational
changes, the Agency could still go forward with the "B" Street Redevelopment
Project; however, the City suggested taking this step now, and calling a time
out, a 90 to 100 day moratorium on further action on the "B" Street
Redevelopment Project, to allow the Ad Hoc Committee to develop this proposal
further. Mr. Gould pointed out the Ritter Street area was a major concession on
the part of the City, and would no doubt anger many people who considered
relocation outside the Downtown to be imperative; however, the City offered it
as a concession and a challenge to St. Vincent's, to conduct its operations in a
more responsible and community sensitive manner, noting staff believed it could
be made to work if St. Vincent's accepted the need for greater accountability
for the impacts of its operations.
Councilmember/Member Miller referred to the composition of the Committee, and
asked if it would be possible to add one, two, or three patrons of the dining
services themselves? He felt that otherwise it would look like we were
delivering services "to" rather than "with". He felt the consumer of the
service should be a participant in the solution, and suggested two or more
positions on the Committee should be assigned to the patrons, so they have a
greater representation than any other interested group. He stated he would
prefer that the representatives of the patrons of the Dining Room join the
Committee through a self-selection process from among the diners, rather than by
appointment from the City or by St. Vincent's.
Councilmember/Member Phillips stated he believed the proposal had considerable
merit, noting the site location of the Ritter House area had been identified and
defined, and asked for further information regarding the thinking behind the
selection of that location, the availability of adequate sites, whether we were
thinking about buying existing buildings and either converting them or levelling
them and constructing a new building, and what the timing and cost would be?
Mr. Gould stated he did not have all of those answers at this time, but believed
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the area the City had identified contained two or more under-utilized properties
that might be sufficient for this purpose. He stated he would like the
opportunity, if Council, the Agency, and St. Vincent's agreed, to do more
analysis to determine what precise sites might be viable, and how they might be
reconfigured for this use. Mr. Phillips asked if, in Mr. Gould's opinion, the
bottom line was that it could be done at that location? Mr. Gould stated that
was correct.
Mayor/Chairman Boro invited Sue Brown, Executive Director of St. Vincent de
Paul, to address the Council/Agency.
Sue Brown, Executive Director of St. Vincent de Paul, stated she appreciated the
support everyone had offered to St. Vincent's, noting she was very hopeful and
optimistic about where they were going to be with the community in the future.
Ms. Brown acknowledged there was a lot of good news contained in the staff
report, which she felt bespoke the greater flexibility in the City's approach,
which she appreciated; however, she noted it also rehashed old misconceptions
about the Dining Room, and failed to give St. Vincent's credit for all the good
they do. She stated the most important thing she wished to say on behalf of St.
Vincent's was that the St. Vincent de Paul Community Dining Room welcomed City
staff's recommendation of a 90 day moratorium on all redevelopment activity on
the "B" Street Redevelopment Project, which they understood to include the
pending Resolution for the Exclusive Right to Negotiate with Monahan/Parker,
Inc. She stated the St. Vincent de Paul Community Dining Room wholeheartedly
endorsed the call for an immediate formation of an Ad Hoc Dining Room Committee,
noting they were committed to a process of collaboration and communication with
the City and their neighbors, as part of which the Ad Hoc Dining Room Committee
proposed by the staff report could play a focal role in the next critical 90
days. She agreed the Committee should be composed, in addition to designates of
the City and St. Vincent's, of representatives of the San Rafael faith
community, service providers, businesses, and residents. She stated they were
prepared to take the lead in establishing and chairing this community-based
Committee, and were prepared to nominate several such representatives
immediately, who had indicated their willingness to serve.
Ms. Brown noted the staff report proposed that the Committee be given 90 days,
the duration of the moratorium, to investigate and select an appropriate
relocation site within the Ritter Street area, as defined in the staff report,
and to develop an operational program for the Dining Room. She stated St.
Vincent's was pleased to be in agreement with the recommendation to look for a
relocation site in the Downtown area, and hoped a suitable one could be found in
the Ritter Street area.
Ms. Brown stated the St. Vincent's de Paul Community Dining Room applauded the
staff report's acknowledgement of the overwhelming support expressed at the City
Council meeting of February 17, 1998 for retaining a Downtown location, and
staff's consequent conditional endorsement of locating the Dining Room at a site
within the Downtown area. She noted the staff report spoke only of the
relocation of the Dining Room, within the Downtown area; however, St. Vincent de
Paul considered it implicit in the City Council's action of February 17th, and
in the staff report's ensuing recommendation of a 90 day moratorium of
redevelopment activities at its current site, that it may properly, and in deed
must, simultaneously investigate both alternatives, relocating the site to the
Ritter Street area, and remaining at the current location, and perhaps
participating in its redevelopment.
Ms. Brown stated St. Vincent de Paul appreciated the legitimate health and
safety concerns underlying the proposed Conditions discussed in the staff
report's recommendation, agreeing the community was entitled to enforceable
assurances from St. Vincent de Paul concerning the manner in which the Dining
Room was operated. She noted that while many of the detailed Conditions
suggested in the staff report were clearly issues which would necessarily be
addressed in the Ad Hoc Committee, in fulfilling its charge to aid St. Vincent
de Paul in developing a new operational program for the Dining Room, St.
Vincent's welcomed and fully intended to accept the invitations to: 1) establish
and participate in an ongoing neighborhood committee after the Ad Hoc Committee
has completed its work; 2) look for avenues of continued cooperation with Ritter
House; and 3) pursue opportunities offered in the future for promoting or
cooperating with alternative satellite dining locations. Ms. Brown stated they
were committed to promulgating a comprehensive good neighbor policy that went
beyond the concerns expressed in the staff report.
Ms. Brown stated St. Vincent's was fully committed to an outreach program of
communication and education, noting that had been something that stood her in
good favor when she was working at the Human Concern Center, which was now
Ritter House, and something she fully believed in for the St. Vincent de Paul
Dining Room. Ms. Brown reported over 1,200 volunteers had signed up to work on
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the campaign for St. Vincent de Paul, noting the community expression of support
for St. Vincent's spoke to the community outreach program of communication and
education. However, she stated they had only begun to reach out to the
community for education and communication, noting she believed it was only right
to begin to set the record straight about the St. Vincent de Paul Society,
although she stated it was impossible to provide a complete response during this
meeting to some of the accusations concerning Police calls.
Ms. Brown noted the staff report provided bar graphs reflecting a growing number
of Police calls over the years, but she stated the City had not been willing to
provide any kind of break -down of those totals to help St. Vincent's understand
them, despite repeated requests. She felt it should be recognized that the
numbers may be more reflective of the increased Police attention and interest
than any increase in incidents, noting some people who have followed the story
of St. Vincent's conflict with the City may recall the apparent crackdown on
jaywalking in the immediate vicinity of the Dining Room in 1996. Ms. Brown
stated other interested parties had been able to obtain information beyond the
gross total mentioned in the staff report, noting they know two of the three
largest categories of Police contacts were for arrests on warrants, arising from
activities entirely unrelated to the Dining Room, as far as they could
determine, and calls in response to St. Vincent's calls for help in enforcing
Restraining Orders they obtained pursuant to their efforts to exclude
troublemakers as part of their good neighbor policy of cooperation. Ms. Brown
stated, by way of providing some needed context, that they knew far more Police
contact had been recorded on the next block, where Safeway and 7-11 are located,
during the time period covered by staff's graph. She noted that although there
was a long and complicated history of contact between the City and St. Vincent
de Paul's concerning relocation of the Dining Room, and some selectivity in the
choice of what to report was unavoidable, she felt some of the history recited
in the staff report seemed awfully contentious, and calculated to reinforce some
of the misconceptions St. Vincent's had to fight.
Ms. Brown pointed out the staff report stressed the need for an independent
audit of their patronage, apparently seeking to call into question some of the
information St. Vincent's had reported in the past concerning their number and
characteristics; yet in April, 1997, it was St. Vincent's who sought the City's
support for a study conducted by the Marin Community Foundation, and the City
who demurred. She stated that in another such minor but humiliating distortion,
the staff report related that Councilmember/Member Miller, to his credit,
traveled to Phoenix, Arizona to learn of a satellite dining program there, only
to return to find St. Vincent's was noncommittal about the notion. She noted
what was not reported was that three St. Vincent de Paul representatives,
including herself, had traveled to Phoenix earlier that same month to
investigate the program. Ms. Brown stated she expected some of these issues
would have to be pursued throughout the course of the 90 day period in which
they were supposed to develop and promulgate an operational program. However,
it was a bit confounding to think St. Vincent's was not implementing a zero
tolerance program. She reported the very first month she came to St. Vincent's
Dining Room from Ritter House, she and St. Vincent's staff met in the Police
Station, to work with the Police, engaging and involving them in making sure St.
Vincent's guests understood clearly that there would be zero tolerance of drugs
or alcohol; and in fact, she invited the Police Department to come in and make
that point perfectly clear to those people she suspected were involved or
engaged in that activity.
Ms. Brown stated she appreciated Chief Sanchez' report, noting they continued to
work with their guests to achieve buy -in to respect the zero tolerance, and she
would continue to work with the Police Department to provide consequences to
those who were sabotaging St. Vincent's efforts of providing consequences;
however, she did not believe it was loving or kind to allow people to stay in
their dysfunction, and believed strongly that by setting limits and allowing
them to understand that St. Vincent's would back-up those limits with
consequences and enforce them, that was how people restructured their lives and
got back on their feet. She pointed out she had provided the City not only St.
Vincent's policy on zero tolerance, but also copies of letters to the clients
they suspected of having behavior that was inconsistent with their policies, so
the City might understand the progression of how a person might be denied
services to their agency. She reported the Board of Directors had agreed that
the guests who come to the Dining Room
under the influence would be asked to leave, without being given food.
Ms. Brown noted when she referred earlier to providing a brown bag lunch to
patrons who were under the influence, so they could remove them from the Dining
Room so they would not create a disturbance, she was speaking metaphorically.
She pointed out they actually hand the patron a sandwich and an apple, not a
brown paper bag, and did not believe St. Vincent's contributed to the litter
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problem in San Rafael. She reported signs were posted in the Dining Room
informing patrons the Dining Room could no longer provide containers to be taken
outside the Dining Room, because of the littering problems. Ms. Brown stated
the point she was trying to make was that for every issue that has come up
regarding St. Vincent's guests, and every issue she has tried to address with
the Police Department, St. Vincent's has tried to quickly respond and provide
some type of remedy to the situation.
Referring to the Community Outreach Program, and the Communication and Education
chart, Ms. Brown stated St. Vincent's was fully committed to establishing and
implementing a Good Neighbor Program. She reported that not only would they
work very carefully with Chief Sanchez in the zero tolerance program and re -
enforce consequences, they would also work very carefully and thoroughly with
the Community Education Outreach Program, noting she believed that was where
their strength was going to occur. Ms. Brown stated St. Vincent's was going to
go beyond community outreach, noting the Board of Directors had greater things
in mind, stating St. Vincent's had expanded the Board of Directors to encompass
many more community members, representing neighborhoods, businesses, guests and
supporters, explaining what was once a Catholic response to hunger had now
become a community response to hunger, and the Board of Directors needed to
reflect that. Ms. Brown stated the people who had agreed to embrace St.
Vincent's mission, and accept the challenge, clearly saw the challenge and
vision before them was to continue the historic mission of St. Vincent de Paul
as a faith -based provider, in a manner consistent with, compatible with, and
respectful of its neighbors in San Rafael, and St. Vincent's truly believed it
could become a model for faith -based providers nationwide.
Ms. Brown stated tonight they were beginning a plan for the best faith -based
program in the Nation, noting there was a tremendous amount of public support
for this, and she was truly grateful for the outpouring of this support. She
stated St. Vincent's would create, in collaboration with the City, a model the
City, the merchants, and the residents would be proud of. She noted this effort
would be one of sincere collaboration, pointing out they had 90 days in which to
create this solution, and she was truly hopeful, and actually optimistic, we
would be able to achieve this. Ms. Brown thanked the City for the opportunity
to present some of their ideas for the Dining Room, noting that as St. Vincent's
moves into the millennium, they hoped to create something that would give them
great pride in the future.
Charlie Garfink, President of the Downtown Business Improvement District and
local business owner in Downtown San Rafael, stated everything Ms. Brown said
had been wonderful, with one exception, the issue of the Use Permit. Mr.
Garfink pointed out this was a very important issue for the City, stating he,
Mayor Boro, Councilmember Cohen, Bob Kunst, two members of the St. Vincent de
Paul Board of Directors, and Rob Simon of Ritter House had taken part in the 6
month mediation, which had been referred to tonight. He reported the
culmination of that mediation came in August, 1996, with an agreement that St.
Vincent's would move out of Downtown, and would accept a Conditional Use Permit,
noting the agreement had been signed by everyone in the room, and he was now
very disappointed to find the agreement had fallen by the wayside, as had many
other agreements. Mr. Garfink stated they were now back to square one, trying
to make a new kitchen, and trying to make a new deal with the City, the
merchants Downtown, and the citizens of San Rafael; therefore, he wished to
reiterate the position of the merchants in the Downtown. Mr. Garfink stated the
merchants were not afraid of the homeless, they were not afraid of the hungry,
and they were not frightened to leave their stores. He stated the merchants
were there every day, as are the staff and clients of St. Vincent's, and the
Police; however, Mr. Garfink stated he did not know how many other people really
see what goes on there, day in and day out.
Mr. Garfink stated his problem was not in personally dealing with the
troublemakers who go to St. Vincent's Dining Hall, acknowledging they were the
minority; however, what he was afraid of, and what really concerned him was the
"little old lady from Tiburon", who comes to San Rafael, or the mother with her
children who comes from Terra Linda to Downtown San Rafael to shop, noting just
that one time they could run into someone scary, and while the business owners
have no choice but to stay here, the "little old lady from Tiburon" is not going
to stay here if she did not want to, noting it was her choice to go wherever she
wants to, and she could go to Corte Madera or Northgate Mall. Mr. Garfink
stated he was terrified of people leaving the Downtown, as they were the people
who feed him and feed his family, and if enough of them leave, he was in a lot
of trouble; therefore, they were fighting to protect their customers and
neighborhoods.
As to solutions to the problem, Mr.
Downtown would be better, pointing
381 persons in East San Rafael were
Garfink believed a site slightly
out the census referred to earlier
on public assistance, compared to
out of
reported
87 in
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Downtown San Rafael, and noting he did not understand why those 381 people
should have to walk Downtown, whereas St. Vincent's was so afraid of the other
87 people having to go anywhere else.
Mr. Garfink stated he would feel better if the Dining Room were a little more on
the fringe of Downtown, although if everyone decided it needed to be in the
Downtown, so be it. However, he felt the only way St. Vincent's could coexist
peacefully in the Downtown with its neighbors, and the only way the Downtown
could really thrive, was if St. Vincent's management and Board agreed to the
Conditional Use Permit. Mr. Garfink noted two years ago, when they began the
mediation, that was one of the biggest issues, and he did not understand where
the fear was. He noted if St. Vincent's was going to do everything they said
they were going to do, the Good Neighbor Policy, the Oversight Committee, and
all the things that occur at Ritter House, then there should be no problem with
a Conditional Use Permit, because everything would run so smoothly the Use
Permit would never even come up. Mr. Garfink stated he would like to see the
specific hours of operation addressed in the Use Permit, and the number of
diners served every day, noting he believed it was high time there was an
independent audit, and we really saw who was fed, whether it was 300 or 125
people fed every day. Referring to an Oversight Committee, Mr. Garfink noted he
had not heard where an Oversight Committee would come from, and he hoped if it
were run by St. Vincent's they would reach out to people who may not agree with
everything they have been doing so far, and at least include the neighbors in
the immediate vicinity. Mr. Garfink believed if St. Vincent's were run like
Ritter House, or under Ritter House's control, the Downtown would not have any
problem with the Dining Hall. He stated he had a business right next to Ritter
House, and he was one of the people who would strongly state it was run very
well, and he has no complaints. He pointed out all the other service providers
in San Rafael operated with the oversight and blessings of the community,
through the City government, and he did not see why St. Vincent de Paul's
kitchen could not do the same.
Phillip "Casey" Fields, noted he was a member of the Board of Directors of the
Marin Interfaith Homeless Chaplaincy and a Sunday School teacher. Referring to
City Manager/Executive Director Gould's earlier statement that the Police were
called 208 times in 1997 concerning St. Vincent's, Mr. Fields asked why Mr.
Gould did not address the fact the Police were failing to do their job. As an
example, he stated 911 emergency calls from citizens needing Police protection
from criminals were ignored, and the Police were not sent, and people have near -
hit experiences with speeders and hit and run drivers. Mr. Fields also reported
Chaplain Assistant Liz Campos, who was doing her job giving free dinners to the
homeless, and later celebrated a bible study at the Dining Hall, was falsely
accused of stalking, and threatened with arrest. He stated on another day Ms.
Campos was falsely arrested and held without charges at the Police Department,
and later released, asking why Ms. Campos was being singled out?
Mr. Fields also believed the City had systematically excluded the disabled
diners at St. Vincent's, the business community, the neighborhood associations,
and the churches from the secretive negotiations, asking why the City kept
refusing to include them as equal partners in these negotiations? He stated
they demand the City invite their Class Action Attorney, Margaret Jacobson,
because she was the only one who truly represented their interests and rights,
and also invite all other interested parties.
Mr. Fields pointed out the customers of St. Vincent's had not signed any deals
with the City Council, nor anyone else; therefore, they had no contractual
obligations with anyone, and demanded St. Vincent's stay where it is. He stated
they did not trust any relocation deals, and they rejected, all together, the
relocation to Ritter Street, and absolutely rejected any merging with Ritter
House, because they saw it as mean spirited, and a malicious ploy to get rid of
them by banishing them. He stated the merging and relocation was no guarantee
the City would follow through, noting once Walgreen's comes into the Downtown,
the City may force both St. Vincent's and Ritter House out of the Downtown. He
stated the diners demanded the Dining Hall remain independent, and remain where
it is now.
Mr. Fields stated that Monahan/Parker, Inc. should be disqualified from the "B"
Street Redevelopment Project, and banned from bidding again on the project
because of a lack of honesty. Mr. Fields stated they demanded a new RFP
(Request for Proposals), open to all honest developers.
Mr. Fields asked whether a property owner should decide on what is to be done
with his own private property? He stated they demanded that on every "B" Street
Redevelopment Project that comes before Council, that St. Vincent de Paul be
kept an independent entity, and be invited as an equal Redevelopment Project
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partner.
Mr. Fields stated they were requesting the City and County assist them in
placing on the ballot an Initiative for a .5% sales tax, or similar measure, to
generate funds to redevelop their building. He pointed out the second floor of
the building could be a shelter or a job training or social hall, and would keep
people indoors and away from sidewalks, and they would be "invisible", and not
be a nuisance to anyone. He suggested the first floor be kept as a Dining Hall,
not just for lunch, but for dinners, too. Mr. Fields acknowledged there needed
to be some strict rules, noting it could be an ideal place, such as a youth
hostel or the YMCA. He stated the diners would also help in the fund raising.
Elissa Giambastiani, President of the San Rafael Chamber of Commerce, stated the
overwhelming majority of the Chamber's members whose businesses are located
Downtown felt St. Vincent's Dining Room should be relocated from its present
location. To verify the accuracy of their position, last week Chamber staff
called fifty of its members whose businesses are in the Downtown. Of the forty-
three businesses owners they were able to speak to, thirty-three supported the
relocation of St. Vincent's, and four stated they should stay only with strict
enforceable controls on their clients. Ms. Giambastiani stated that during the
ten years she has been CEO of the Chamber of Commerce she has received countless
calls from members asking for help in relocating the Dining Room, noting most of
these are small businesses who are most vulnerable to negative impacts. She
reported she had also received a lot of calls from San Rafael and Marin County
residents, stating they would never shop in Downtown San Rafael again because
they had been panhandled, threatened, or accosted in some way.
Ms. Giambastiani believed part of the problem was that people did not understand
there has been a real impact on the Downtown, and they refused to accept that.
She stated the issue was not about an unwillingness to feed the poor, the
homeless, or the disabled; this was about people, mainly men, whose behavior is
inappropriate and threatening, and also about St. Vincent's refusal, or
inability, to operate under the same rules as the rest of the businesses in the
Downtown. She stated, unfortunately, St. Vincent's has not been a good
neighbor, pointing out that no business can operate in the City if it does not
enforce rules of behavior for its customers. She noted any restaurant with
outside dining is just as responsible for the behavior of its customers who are
eating outside as they are for the customers who are inside the establishment.
Ms. Giambastiani reported the Downtown businesses have had to deal with the
impacts of the Dining Room for fifteen years, and the business owners are just
as compassionate as all of the people filling the Council Chamber tonight.
However, she noted that feeding people was just not enough, stating there were
serious problems in the Downtown that could not be solved just by moving the
Dining Room from one location to another. For example, she noted that although
Sue Brown stated they no longer gave bag lunches to people who are intoxicated
or on drugs, this policy was adopted by St. Vincent's in 1992, but it was not
until a couple of months ago that they abandoned the policy of feeding people
who were intoxicated or on drugs. Ms. Giambastiani stated business owners had
to play by the rules, and they felt St. Vincent's should, too. Ms. Giambastiani
reported supporters of St. Vincent's stated there was no impact to its presence
in the Downtown; however, she asked, if that were true, then why did 480
residents of the Bret Harte neighborhood say, "Not in our backyard?" She noted
they even stated the entire industrial area between Bret Harte and the Downtown
was their neighborhood.
Ms. Giambastiani believed what we needed to focus on from here out were two
issues; those people whose inappropriate behavior was at the heart of this
controversy, and whether or not St. Vincent's will abide by the conditions the
rest of the businesses must follow. She reported the Chamber of Commerce
proposed the Dining Room relocate from its current location; that St. Vincent de
Paul enforce a strict Code of Conduct inside and outside the Dining Room; and
that the Agency participate in an ongoing Neighborhood Committee to handle
neighborhood issues related to the Dining Room. They also believed an
independent, comprehensive audit must be conducted, illustrating the number of
people served and where they lived. Ms. Giambastiani stated this was not the
Downtown's problem, it was the community's problem, noting we need the community
to accept its share of the responsibility. She believed most of the people who
are disruptive are addicted to a substance, mentally ill, or both, and we need
the entire community, including everyone at this meeting, and everyone in Marin
County, to take responsibility for it. She suggested perhaps the members of the
faith congregation could make a stronger commitment to help just a few
individuals find their way back into society; then, perhaps together, we could
find a solution.
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Ed Walker, Assistant Director and Mental Health Director of the Marin County
Department of Health and Human Services, stated he was speaking on behalf of Tom
Peters and the Directors of the other divisions of the Department of Health
Services and Social Services. Mr. Walker commended those involved in these
discussions, noting any town in this County, and this Nation, would be proud of
the exchange tonight, and in earlier meetings. He acknowledged it was
difficult, and would not yield an easy solution. He also expressed his
gratitude to Chief Sanchez for his efforts in working with one specific group of
people in the community, the Americans with Disability Act Coalition. He
believed this was a similar problem, not directly related to the Dining Hall,
but an issue which had some similar features. He reported Chief Sanchez and his
staff had engaged a group of people in a series of discussions over many months,
and have been very productive and gotten good results. In addition, he noted
training would be conducted by the San Rafael Police Department, and they have
invited all the Police Departments throughout the County, and the Sheriff's
Department, which Mr. Walker felt was the kind of solution that has typified San
Rafael's Police Department, going back many years. He commended the City, and
also looked to St. Vincent de Paul's, Sue Brown, Bob Kunst, and the Board
members with great pride and gratitude for the work they have done.
Mr. Walker stated he was offering the services of the Marin County Department of
Health and Human Services, to be part of any process in which the City and St.
Vincent's might consider the Department to be helpful.
Mayor/Chairman Boro reported he had been given a list of approximately thirty
people who wished to speak, and asked those addressing the Council/Agency to
limit their comments to three minutes. In addition, he asked that as people
spoke, if they made a point that a subsequent speaker had been prepared to
address, he did not feel there was any point in being redundant, and he asked
those wishing to speak to monitor themselves on that point.
Steve Price, representing the Bret Harte Community Association, stated they
believed the issue of St. Vincent's location called for a creative and positive
solution, one the residents of San Rafael and all of Marin County could support.
Mr. Price reported his neighborhood had spent the past seven months
communicating with the City and St. Vincent's, noting they were strongly opposed
to sites for St. Vincent's within the Bret Harte area, or any residential area.
He stated the location of St. Vincent's should help solve the problems and
address the needs associated with the Dining Room, not create new ones. He
stated the criminal activity noted by the Police Department, by people around
"B" Street, and dozens of personal observations of Bret Harte residents passing
by "B" Street over the years, was not a match for their children, the family
oriented neighborhood, their park, school, or open hillsides. Mr. Price noted
such sites as 55 De Luca and others in the West Francisco Boulevard area,
although they were zoned for Industrial use, were the entrance to the Bret Harte
neighborhood, and were of concern to the residents. In addition, besides being
close to Davidson School, they were also close to Laurel Del, Gym Marin,
Montessori, and in-home day care centers.
Mr. Price reported that with the Dining Room on "B" Street they had seen the
hills of Gerstle Park inhabited and littered with garbage, and heard Gerstle
Park residents' stories of unpleasant confrontations with people living in the
open space, noting the residents equated the Gerstle Park Valley much like Bret
Harte Valley, and that was their concern. Mr. Price stated St. Vincent's
problems should not be shifted into or near Bret Harte, or any other residential
area. He noted Rita Porter, National Director of the Society of St. Vincent de
Paul, wrote to their Association several weeks ago, and quoted, "It is essential
for each of the local units of the Society to work in a manner that is
harmonious with the condition of their respective communities; only in that way
will total service of the Society be in harmony with the needs of the entire
Country".
Reverend John Auer, stated his plea was to let St. Vincent's be, noting we
should let Ritter House be Ritter House, and let St. Vincent's be St. Vincent's.
He noted he was one who eats regularly at the Dining Room and has friends
there, and his congregation has quietly and efficiently taken in for shelter,
during this particularly harsh winter, persons who would have otherwise been on
the street because they did not meet the requirement of being clean and sober.
He noted they had not had one single complaint or incident. Reverend Auer
stated St. Vincent's was one who, over the years, had served, and done so at the
initial request of the City of San Rafael, noting there was room at the "great
big table of Downtown San Rafael" for the heart and soul of St. Vincent's. He
pointed out that we need more places to drop our litter, and we should not blame
someone for that, rather we should provide those places, noting the churches
would do their part. He pointed out we also need more places for people to
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urinate in public, and again, we should not blame someone for that, we should do
our part, noting the churches would do their part by putting the porta-potties
on their parking lots.
In addition, Reverend Auer stated we need places for people to dry out from drug
and alcohol abuse, and noted we need to be able to provide at least one detox
facility for all of Marin County. He stated the churches were prepared to do
their part, and we were all in this together.
John Donovan, reported that from 1989 until three -and -a -half years ago he had
lived in the Canal area of San Rafael, a place he believed should never have
been licensed to build residential housing because it is a flood zone. Mr.
Donovan noted when he was a jazz singer in Costa Rica, Guatemala, and Mexico, he
always found there was sufficient housing, and that he could find a place to
live for $5.00 per night, with a private room, or if he could not afford that,
he could find a dormitory where he could stay for $3.00 per night. He noted
that was the way the Latins take care of their poor, but we put ours on the
street, because we cannot find a place to house them all. Mr. Donovan produced
a parking ticket he had recently received in San Rafael, and presented it along
with his fine, stating he would not return to the City of San Rafael.
Mayor/Chairman Boro again asked those who were going to speak to treat
themselves and all others fairly, urging that we not heckle one another, or
bring up issues that were not relevant. He pointed out we were not looking at
other neighborhoods on the list of relocation sites, so there was no need to
address the other neighborhoods at this time. He asked those who still wished
to speak to focus their attention on the issues in the staff report, and the
recommendations, which included a 90 -day moratorium on the "B" Street
relocation, to create the Ad Hoc Committee, to deal with relocating the Dining
Room to the Ritter Street area, to operate the Dining Room under a Use Permit,
to enforce a
strict Code of Conduct, and to coordinate operations with Ritter House and
create a Neighborhood Committee. Mayor/Chairman Boro asked the speakers to
address those issues, and not to personalize them to anyone in the audience or
on the Council.
Dr. Norman Herring, resident of the Bret Harte neighborhood and professional
Psychotherapist, prefaced his comments by pointing out they were not addressed
to the poor and elderly families in need of food, but to that problematic part
of St. Vincent's population that has been the lightening rod in many of these
discussions. He stated he specialized in addiction and dual diagnosis, with
practices in San Rafael and San Francisco, and he continued to be appalled that
the City of San Rafael would even consider relocating St. Vincent de Paul
anywhere near a residential neighborhood, especially in close proximity to a
grocery store with ample supplies of alcohol. He acknowledged Mayor/Chairman
Boro's comments to the speakers, explaining the reason he was bringing this up
was because even though the issue on the table at this moment was keeping St.
Vincent's Downtown with a Use Permit, there was no understanding that St.
Vincent's had agreed to that. Mayor/Chairman Boro stated that would be part of
the process over the next 90 days.
Dr. Herring noted it was well substantiated in both professional literature and
current periodicals that many homeless people are either alcohol or drug
dependent, and/or mentally ill, meaning they have a psychiatric, diagnosed
mental illness and are substance dependent. He stated that in his eleven years
of experience in working with this population, he had learned a great deal about
diagnosis and treatment of people with these disorders, and one thing that could
be depended upon was significant out of control behavior. He stated people with
mental illness who are not taking medications are a serious risk to anyone with
whom they come into contact, because of the nature of their disease. For
example, he stated it was not uncommon for the mentally ill patient suffering
from paranoid schizophrenia, bipolar affective disorder, or major depression
with psychotic features to experience hallucination, paranoia, and persecutory
delusions, and to act out aggressively toward anyone who may be nearby. He
pointed out if alcohol or drugs were used by such an already seriously impaired
individual, you would get quite unpredictable results, namely behavior lacking
any reasonable judgment, leading to very serious, and often violent,
consequences. Dr. Herring stated he did not want his six year old daughter, or
any child, to be exposed to that kind of behavior, and believed it was
completely irresponsible of the City of San Rafael to consider any sites near a
residential neighborhood. Dr. Herring stated he was not against helping the
homeless, but he was opposed to being forced into having his neighborhood
rendered unsafe by a City government that could apparently be bought by Downtown
business interests.
Rob Simon, Executive Director of Ritter House, applauded the City for its
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decision to reconsider keeping the Dining Room in the Downtown area, and also
St. Vincent de Paul's for considering the opportunity to go forward and enter
into the 90 day negotiation process. Mr. Simon stated he had worked in Downtown
San Rafael for over twelve years, noting he lives, works, and plays in San
Rafael, and is very proud of the City. He stated he wished to make himself, his
staff, and the Board of Directors of Ritter House available to the City, and to
St. Vincent's, to work together to try to find a solution, so we would not lose
the resource of the Dining Room, and the merchants, the diners, and the
community would all be happy with the result. Mr. Simon reported he also serves
as the President of the Marin Continuum of Housing and Services, and stated in
that capacity he wished to address Reverend Auer's earlier comments regarding a
detox facility. Mr. Simon reported when the agency operating the detox facility
let the contract go, the City of San Rafael was one of the first entities to
step forward to try to find a solution to having a detox facility, and to his
knowledge, San Rafael was the only city to actually put money on the table to
try to get a detox facility in place. Mr. Simon stated the problem was finding
a place to put a detox facility, pointing out it was the same situation in every
neighborhood, and noting they could not even site it at San Quentin. He did not
know whether they would be able to find a solution to that, but noted the City
of San Rafael could not be blamed for not having a detox center.
Mr. Luellan addressed the Council, stating he was surprised by the number of
complaints he has heard from the business people in San Rafael, and believed it
was time the business owners began working at St. Vincent's, noting any
businessman who has a complaint should go and investigate what is going on
there, and what the people are trying to do. Mr. Luellan stated, in his
opinion, Ritter House was the least suitable location, and he believed St.
Vincent's should remain where it is. He believed it could be made an isolated
and protected area, where people could gather instead of being in the street.
Mr. Luellan also noted the City suggested trying to plan something where the
number of people being fed would be limited. Mayor/Chairman Boro stated that
was not the intent; the intent was total capacity at one site, and looking at
other alternative sites. Mr. Luellan stated he believed it was possible for
people to eat and move on, for others to move in and eat, noting as a member of
Glide Memorial Church, he had seen this work. He also noted he would support
St. Vincent's in developing adequate supervision, stating he had always
cooperated with the Police. He believed it was important that St. Vincent's not
have people causing trouble, and suggested getting people in there who were
specifically trained to deal with people with those kinds of problems, stating
we could not ignore them anymore.
Mr. Luellan stated he would like to see St. Vincent's stay where it is, or be
given a place other than Ritter House, noting that while he believed everyone
had good intentions, Ritter House was the one place suggested by the City
Manager, yet it was the least attractive or appropriate location. Referring to
the crime issue, Mr. Luellan asked where those people now being fed at St.
Vincent de Paul were going to eat, and if the City really believed there was
going to be less litter and less panhandling? He felt St. Vincent's was
creating a tremendous service, and believed Sue Brown would be recognized in a
few years as the "she -hero" of Marin County.
Linda Bellatorre, Chairperson of the Steering Committee for the Federation of
San Rafael Neighborhoods, stated the Federation wished to make clear that just
because they were speaking -up did not mean they were speaking against St.
Vincent's. She reported the Steering Committee of the Federation had reached
consensus on the following issues, quoting, 111) We support St. Vincent's and the
work they do; 2) We strongly support the recommendation of a Use Permit as a way
to better manage the problem; 3) St. Vincent's needs to partner with churches
and community organizations to decentralize their service, not only in San
Rafael, but throughout the County. Any satellite locations should be held to
the same criteria as the Dining Room; 4) Regarding site/location, the Federation
took a very active part in the Vision, and supported the relocation of St.
Vincent's. The proposed site is a major compromise by the City.
"I believe the key to St. Vincent's success will be good management. Unless
they conduct a well run program, any location will be problematic. The Use
Permit would help, along with a realistic and enforceable Management Policy".
Ms. Bellatorre stated something she would like to suggest for the Use Permit, if
it should go forward, would be a review at the three month, six month and one
year point, and perhaps no new programs until the current program is up and
running, and has proven to be successful.
Continuing with the Steering Committee's recommendations, "St. Vincent's needs
to be proactive to its neighbors, and not wait until problems become overtly
obvious. They should hire or seek a volunteer to initiate a PR (public
relations) campaign to help them get off to a fresh start. Like any other
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successful business, they need to project a positive image". Ms. Bellatorre
noted, as Sue Brown mentioned earlier, they could become a model for the
community. "We agree with the independent count of diners, it seems to be a way
to address some of the impacts. If numbers become too large, perhaps
alternative solutions could be warranted.
"Regarding 'Next Steps', we need to be absolutely certain that this recommended
location and service works well for and with the Ritter House. Ritter House
maintains a very well-run program, and has great community support. We would
not want to see them suffer from any experience that would create negative
impacts on their program. Regarding the Ad Hoc Dining Room Committee, we have
had two previous site selection committees, we are all here yet again tonight.
It is imperative, from the very beginning, before the meetings ever begin, that
there be a pre-set weekly or monthly timeline, that there be a specific work
program, so we do not arrive at the end of 90 days and are yet back again at a
series of public hearings, and yet again, more site selections. The committee
needs to meet in open forum, it must receive input from interested parties,
there must be community dialogue. The Federation would like to extend itself in
any way it can to make the process work. It is time for the City to take
leadership. If, after 90 days, no agreement has been reached, the City should
initiate the next step. Everyone needs to be fair, to reach a balanced
solution. St. Vincent's, you need to respond to your neighbors and become a
more responsible and responsive provider, to be open to new ways of providing.
The City needs to take a leadership role, and uphold what it has committed to.
They need to respond to their constituency who have legitimate concerns. The
neighborhoods and businesses need to take the time to investigate how a
compromise solution just might work. Councilmembers/
Members, you will know when you have arrived at a balanced solution, if no one
is completely satisfied".
Mayor/Chairman Boro noted the speakers have talked time and again about the
issue of the Use Permit, and when Ms. Brown spoke earlier, she talked about the
moratorium, the Committee, and the rules. He asked if he was correct in
assuming the Use Permit was something St. Vincent's was willing to talk about,
as well?
Rollin Chippey, Attorney with Brobeck, Phleger & Harrison, stated St. Vincent's
recommended the Agency revise the staff recommendation that the Dining Room
operate pursuant to a Conditional Use Permit, and urged instead the Dining Room
operate under a Memorandum of Understanding. Mr. Chippey reiterated St.
Vincent's was willing to enter into a binding commitment to work with the City,
to ensure the Dining Room's operation is consistent with the Downtown
redevelopment; however, they believed a Memorandum of Understanding was a better
vehicle to achieve that goal, for both legal and pragmatic reasons. First,
unlike a Conditional Use Permit, they believed a Memorandum of Understanding
could establish a dispute resolution mechanism, and given the history of the
negotiations between the City and St. Vincent's, and some of the problems that
have been alluded to by staff and the Chief of Police, they believed it would be
beneficial and desirable that there be a quick, cost efficient means of
addressing disputes right away. Mr. Chippey stated a Memorandum of
Understanding could set forth the procedure, identify a mediator or arbitrator,
and provide for that individual to be available on an "as needed" basis. He
believed that rather than waiting months or weeks for a resolution, we could
find an effective remedy immediately. Mr. Chippey also believed a Memorandum of
Understanding would provide greater flexibility. He noted many of the
commitments the City has asked St. Vincent's to undertake were based on
cooperation and good faith, and it would be a dynamic set of conditions because
things were going to change. He stated a Memorandum of Understanding would be
more consistent with both sides' stated goals of working and moving forward in
collaboration.
In addition, Mr. Chippey stated they did not believe the City had a legal right
to require St. Vincent's to operate under a Conditional Use Permit, noting the
City Attorney long ago decided the Dining Room was a Permitted Use in its
current location, and it was St. Vincent's preference to remain in that
location. However, if St. Vincent's were required to relocate, they believed
it would be incumbent upon the City to ensure that the Dining Room could
continue to operate as a Permitted Use in a new location. Responding to Mr.
Garfink's earlier question of why St. Vincent's was afraid of a Use Permit, Mr.
Chippey noted there was a very simple answer to the question; a Conditional Use
Permit was an instrument of control. Mr. Chippey noted the one thing that has
been heard from Council, staff, and the Police Chief is that the parties needed
to go forward with cooperation and collaboration. He stated a Memorandum of
Understanding would allow us to accomplish that.
Mayor/Chairman Boro noted Mr. Chippey stated a Memorandum of Understanding would
basically do, if not better, the same thing as a Use Permit, and that the
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concern with a Use Permit was the issue of control. Mayor/Chairman Boro stated
control was the issue to this whole community, and asked how, then, was a
Memorandum of Understanding going to address the issue of control? Mr. Chippey
stated that would be done principally through the Dispute Resolution procedures.
He noted, to his understanding, St. Vincent's Use Permit would come up annually
or semi-annually for review, there would be hearings, and Council would decide
whether St. Vincent's had complied with the terms of the Use Permit. He stated
they believed a Memorandum of Understanding was more responsive than that,
noting that by setting up a Dispute Resolution procedure, we could identify a
problem within a week, provide an abbreviated hearing before an arbitrator, and
get a binding decision on what to do and how to go forward immediately, and
rather than waiting six months, we could cure a problem within one month. He
stated problems would be addressed immediately, and under that kind of device,
the City and St. Vincent's would have a lot more control than under a
Conditional Use Permit.
David Morales, merchant in the Downtown, thanked the City Council for the time
and effort being put into this issue. Mr. Morales stated he had been in the
Downtown area for eleven years, and had seen many changes and improvements.
However, he stated they have suffered many humiliations from people panhandling
in the street, and those who abuse alcohol and drugs. Mr. Morales noted he had
a serious problem with one of those people, and felt as though it did not matter
to anyone. He believed St. Vincent's had to pay more attention to the people
they are serving.
Mr. Morales stated this was a big issue, but believed that if we could work
together, and come up with a solution, then he did not know why St. Vincent's
was afraid to have a Use Permit like everyone else. He noted this problem had
hurt his business in the Downtown, pointing out some of his customers are afraid
to return to the Downtown because they fear something is going to happen. He
reported he had heard comments that his customers do not want to come to San
Rafael at night because many of the homeless are intimidating them. Mr. Morales
stated most of the problems involve people who are drunk or have drug problems,
noting they have broken into his store and stolen his inventory. In addition,
they use the alley behind his business as a restroom, and he stated the business
owners cannot tolerate that.
Mr. Morales stated this matter was really important, but if people acted on
their emotions, if they leave this meeting and act abusively, as he noted
tonight when they booed or laughed sarcastically at others expressing their
opinions, then they needed more information about themselves. He asked, if they
do not respect themselves, how can they respect the merchants? Mr. Morales
stated he just wanted everyone to be able to work this out, noting it had been a
long journey for the merchants. He noted some of the homeless are from other
places, and if they want to have a dining room, they can have it in their own
towns, not just in San Rafael, pointing out we have to share everything and work
together, and San Rafael has had enough.
Father Paul Rossi, St. Raphael's Church, stated that in reading the staff
report, he was concerned, given the history of the Dining Room since 1982, when
the City initiated the process whereby the Dining Room came into existence
because of the need to feed the hungry and those who were homeless in the
Downtown area. He stated what bothered him was not so much the factual data, or
the sequence and order, what bothered him most was the lack of a positive
influence, which the Dining Room has had in the City for a number of years.
Instead, in reading the report, it looked as though with any intelligent
rationalization, one would want to get rid of the Dining Room immediately,
because it looks as though nothing good has come from the Dining Room, when in
reality, it has been doing a very good job for a number of years. Therefore,
what disturbed Father Rossi was not so much the actual data of the report, but
the underlying spirit it seemed to speak of, or out of which it comes.
Father Rossi noted the remark was made that the faith communities had to step up
with regard to feeding the poor; however, Father Rossi believed they had stepped
up, noting if one were to go to St. Raphael's, or any of the other faith
communities, they give out food every day, and from 10:30 AM to 11:30 AM the
Parish Society gives out food vouchers each day to anyone who comes to them. He
stated it was not that they have not been doing it, and they will do more, but
he noted people should not talk as though they have done nothing. He stated
another aspect of this, when we talk about people urinating in the street,
defecating, and such things, he did not know that those things would necessarily
end with the Dining Room's move. He reported they have also had these
experiences at St. Raphael's, with people who use the property as a motel
overnight, in a variety of ways. However, he did not equate that with the fact
that by relocating the Dining Room, those things were going to stop.
Father Rossi asked how the numbers to be served could be limited, acknowledging
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he understood the satellite process, or configuration, but limiting diners to
St. Vincent's concerned him. He noted we do not necessarily limit diners to any
other restaurant Downtown, yet this was a food facility; therefore, why do we
limit the numbers, when everybody needs to be fed?
Referring to the comments that no one wants to come Downtown, Father Rossi
reported he lives Downtown, and when he walks there during the day, the
businesses seem fairly active, noting statistics showed business is up.
Responding to those who state people are afraid to come to Downtown San Rafael
at night, he reported that has not been his experience, noting people are dining
in the various good restaurants, and it does not show people are staying home
because of fear, or feeling a lack of security when they go Downtown. Father
Rossi stated he would like everyone to reconsider, not necessarily their
motives, but to go in a deeper way to the spirit that underlies the report, and
the spirit with which we come into negotiations within the next few weeks.
Referring to Father Rossi's comments, Mayor/Chairman Boro acknowledged
relocation itself was not going to correct a problem such as urinating in the
street. However, the whole idea was the outreach Ms. Brown spoke of, and having
volunteers go out into the community as those things happen, to talk with the
residents and merchants, and to try to find other ways to deal with those
issues.
Jean Taylor stated she was speaking on behalf of Concerned Citizens for St.
Vincent's, who, in two days over the weekend, collected another 1,500
signatures, which she presented to Council. Ms. Taylor next presented letters
from Kathryn Munson, and from the Dominican Black Canyon Neighborhood
Association.
Speaking on behalf of herself and Bob Bloomingfeld, Chairman of the San Rafael
Advisory Board on Homeless Issues, Ms. Taylor noted they have had the privilege
of working with Council on the expansion of services of Homeward Bound and
Ritter House over the years, and thanked Council for establishing the spirit of
collaboration, noting this community outreach was most welcome. She
acknowledged there was a need to address the needs of the merchants, and to
address the services and changes of St. Vincent's, stating the key words in the
discussion of these matters were "mutual respect" and "mutual security"; mutual
respect and security for the business owners, their staff, and their patrons,
and mutual respect and security for St. Vincent's staff, their volunteers, and
their guests. Knowing that no one speaks for everyone, she stated she and Mr.
Bloomingfeld would be pleased if a member of the San Rafael Advisory Committee
on Homeless Issues would be part of the Ad Hoc Advisory Committee, so that
Committee could reach a true community consensus regarding the future of St.
Vincent's. She stated their goal was to assist the City in attaining its Vision
of being a vibrant, economic, and cultural center, reflective of our diversity,
sustained by active and informed residents, and by an innovating local
government. Paraphrasing Councilmember/Member Miller's earlier remarks, she
stated, "Let's remember the three C's; Collaborate, Communicate, and be
Compassionate".
Annie Bowman, "B" Street merchant, noted she felt very sad and disappointed,
stating she had been a part of the business community, having chosen to open her
business in San Rafael twenty-one years ago when she was a waitress at night,
and worked her business during the day. She reported that over that time she
has seen her business grow, and has been active in the community, having been
President of the BID (Business Improvement District), cleaning up after car
rallies, and wearing a costume and handing out candy at Easter.
Ms. Bowman stated tonight she did not feel a welcome part of the community at
all, noting she had come to this meeting in the hope that a group of people
would be able to get together to discuss an issue that could very well be
resolved, but felt that somehow the dream she had when she was twenty-one years
old, to have a business, was no longer important, it no longer felt like her
sales tax was important, nor that her effort to be a part of this community was
valued at all. She stated she did not feel Christian tonight, even though she
had grown up in the Episcopalian Church, even though she prayed with her
children every night, and even though she reads the Day By Day her mother sends
her in the mail every week. Somehow, she did not feel as though she was heard
or understood, simply because she does not like to walk over hypodermic needs on
her way to work every morning, does not like cleaning up the vomit, does not
like having to walk past five people in her doorway, or having to call the
Police for an escort to safely get to her car, and she does not like to have her
children ask, "Mommy, why are you holding my hand so tightly?" Ms. Bowman
stated she was not easily frightened, and not unaccustomed to alcoholism, nor
was she judgmental about it, and she in no way thought people should not be fed,
pointing out she had not heard anyone state that hungry people should not be
fed. She stated she understood homelessness, noting her brother is homeless,
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she understands alcoholism, as her father is an alcoholic, and she understands
drug abuse, as she lost a brother to a drug overdose. However, she does not
choose to live that lifestyle, she chooses to work very hard every day, chooses
to live in San Rafael and have her business here, and will continue to have her
business here whether St. Vincent's is across the street or not.
Ms. Bowman stated she hoped the members of the Christian community who truly
lived by the Ten Commandments could understand that what she and the other
people who have spoken tonight are trying to say is that there are other ways,
whether it is a satellite feeding station, or churches that open their doors, or
St. Vincent's relocating, there are ways to feed hungry people and still have an
outstanding business community. She hoped everyone would leave the meeting with
an open mind, trying to consider other options.
Patricia Chambers, Director of the Montessori School of Central Marin, stated
she had a Masters Degree in Child Development, and was a child advocate. She
urged Council to remove the Jacoby site from the list of possible relocation
sites, and to remove any other site that is near a school or residential area.
Ms. Chambers noted the Site Criteria Guidelines state St. Vincent's Dining Hall
will not be near schools or residential neighborhoods, and not draw clients past
school sites. She stated there must be some kind of misunderstanding, because
Montessori School was, in fact, a school, and was only yards away from the
Jacoby site. Ms. Chambers reported the school serves nearly eighty children
between the ages of two years and six years old, noting the population of the
school is exemplary in its diversity. She stated the children come from every
neighborhood in San Rafael, and every economic strata in the community, and
their parents live, vote, and work in San Rafael, and some have been Downtown
merchants.
Ms. Chambers reported approximately two years ago the Family and Work Institute
conducted research about quality care and early childhood, and determined in
this Country, only approximately 9% of our child care centers are considered
good quality care, 56% are considered adequate, and all the rest are considered
dangerous. She believed, using that same criteria, Montessori School would be
considered of good quality, noting it was a beautiful, happy, loving and
supportive place, where a lot of learning goes on. Ms. Chambers stated San
Rafael needs good quality care for its children, reporting the parents at her
school have responded very strongly to the possibility of St. Vincent's
relocating at the Jacoby site, and presented Council with a petition.
Ms. Chambers noted St. Vincent's takes responsibility for feeding the needy, and
she championed that effort; however, she pointed out they cannot take
responsibility for the behavior of all their clients all of the time, noting
that was a burden of responsibility that falls on the adult community, not on
the children, and they must make responsible decisions that reflect the concerns
of the entire community, inclusive of its children. Ms. Chambers urged Council
to take a strong and protective position for the children of San Rafael. She
stated she had heard the opinion that the children might benefit in some way
from an awareness of different lifestyles, but believed people who had
relinquished their common sense to drugs and alcohol were dangerous, and should
not be anywhere near our children.
Ms. Chambers pointed out the staff report states one of the advantages of the
Jacoby site was that there could be outdoor smoking and lounging; however, she
noted that would be within yards of the school, and asked if that was really an
advantage of that site?
Mayor/Chairman Boro reiterated what he had stated earlier, that all other sites
had been put on hold, and we were looking only at the Ritter Street site, which
was being proposed this evening. Ms. Chambers noted the Jacoby Street site was
still on the list of possible sites. She reported it was enrollment time, and
parents had to make decisions this week as to whether or not they were going to
enroll their children in the school, and whether or not they would continue to
have their children in the schools near those possible sites. Ms. Chambers
asked, "If we do not want the soup kitchen next to our Downtown shops, why would
we want it next to our children?" She stated if one child was harmed, in one
small way, the whole relocation agenda was a failure. Ms. Chambers urged
Council to give the parents of San Rafael some peace of mind, to take a strong
stand for the children, and remove the Jacoby site, and any other site that is
near a school, from the list of possible sites.
Anne Moore, Planning Consultant and resident of San Rafael, and former Planning
Director for the City of San Rafael, felt there was some history that had been
lost, which she wished to review. Ms. Moore noted the idea of redevelopment in
the "B" Street area was not something new, stating it had been looked at
extensively in the 1970's and 19801s. She reported in the 1970's there was a
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City Council a bit tired with all of the property acquisition and Eminent Domain
battles to get some of the parking lots Downtown, and the economy was a problem
in the early 19801s. Therefore, it has only been in the last few years, with
the vigorous economy and important circulation improvements, such as Andersen
Drive, that the "B" Street redevelopment could really be viable.
Ms. Moore stated there was also a year that had been lost in the history of St.
Vincent's, and that year was 1981. Ms. Moore pointed out St. Vincent's did, at
one time, have a Use Permit. She reported that early in May, 1981, as the
Planning Director, she made a determination that the St. Vincent de Paul Dining
Room, when they were proposing to open, needed a Use Permit. She stated the
Planning Commission upheld that staff determination, and on May 19, 1981, St.
Vincent de Paul filed a Use Permit application. On May 26, 1981, there was a
public presentation given by St. Vincent's, which was attended by over 70
Downtown merchants. On June 9, 1981, the Planning Commission had a very
contentious public hearing, and the Commission approved St. Vincent de Paul's
Use Permit. However, an appeal was filed by opponents, and in July, 1981 the
City Council denied the appeal and upheld the approval of the Use Permit. Ms.
Moore reported that six months later, St. Vincent's filed for an extension of
the six-month Use Permit, and it was only at that time, six months after
everything had started, that the then City Attorney, who had been present at all
the previous Planning Commission and City Council meetings, determined a Use
Permit was not necessary.
Ms. Moore reported that in describing their use at the time St. Vincent's
applied for the Use Permit, they stated they would serve hot meals once a day,
between the hours of
11:00 AM and 2:00 PM, but their doors would open an hour earlier. The layout
was arranged so there would be room for 60 people to be seated and eating at
tables, and 60 others to be queuing and waiting, all contained inside the
building. She reported St. Vincent's estimated their capacity at that time
would be 120 persons. St. Vincent's description of the Use was that the serving
would be cafeteria style, except to families, seniors, single females, and
handicapped individuals; in other words, all but non -handicapped men, without
families would be served sitting down. Therefore, families, single women,
handicapped individuals, and seniors would be immediately seated and served by
staff, and all others would queue inside, and wait their turn.
Ms. Moore stated there were only four Conditions of Approval; one from the
Police Department, to install exterior lighting in the alley way; one from the
Fire Department, to have an exit corridor with emergency lighting; and two
conditions from the Planning Department, one stating the interior shall be
arranged as described in the staff report, and the second that the operation be
conducted so that no clients wait outside for service, and no loitering occurs
before or after meals are served. Ms. Moore reported the Use Permit had been
approved for six months, noting there had been interim reports from the Police
Department, and she was confident the Use Permit would have been re -issued by
the City.
Gimi Sessi, San Rafael business owner for over 60 years, stated he was in favor
of feeding those in need, reporting he was a Founding Board Member of the Marin
Food Bank, supported Ritter House, Canal Community Alliance, and the Salvation
Army, and had served on the Board of Directors at St. Vincent/Silveira School.
He noted all of these agencies were operated in a manner that allowed them to
serve those in need, while not hurting the business community. Mr. Sessi stated
he was one of the merchants originally in favor of St. Vincent's Dining Room,
but over the past ten years he has watched many Downtown businesses go out of
business, and watched many businesses, including his own, suffer because of the
high concentration of homeless, mentally disturbed, and often angry people who
are hanging out in San Rafael's Downtown business district. Mr. Sessi stated he
felt sad when he remembered a young man who just got off work, stopped at
Safeway and picked up a six-pack of beer, and was stabbed to death in front of
the San Rafael Recreation Center by homeless people who wanted his six-pack of
beer. Mr. Sessi stated he also felt frustration when he lost his tenant of 25
years, Marion's Maternity, because the owner reported young, expectant mothers
would not walk down Fourth Street to her shop because they were hassled by
homeless and mentally disturbed people. He reported he felt fear when a
homeless woman came into his daughter's beauty shop on Fourth Street, ran to the
bathroom and opened the door, and broke the toilet, causing water to flood the
shop. He noted the women in the shop kept banging on the door, asking the woman
to come out, and when she did, she came out waving a gun. He stated that
incident left everyone shaken, even after the Police carried the woman away, and
caused unnecessary expense for his daughter.
Mr. Sessi reported he felt angry when his new tenant had a crazy person come in
and grab her purse from behind the work counter three weeks ago. He stated he
currently had to lock the doors on his building on Fourth Street by 9:00 PM
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every night in order to keep homeless people from entering the building, using
the bathrooms and showers, stealing the toilet paper, and sleeping in the halls
and stairwells. He noted the homeless also slept on his fire escape before he
started locking the doors. Mr. Sessi reported his apartment renters are hassled
going in and out of the building, and they feel uncomfortable regardless of the
time of day or night. He stated many of the people with strong opinions for
wanting the Dining Room to remain indefinitely Downtown may think they do not
have anything to lose by supporting the current location, but they do, noting
that while they might not own businesses in San Rafael, and might not be losing
income, a City without business revenues cannot take care of any of its
citizens.
Mr. Sessi stated he could not remember any issue that had caused so much
frustration as the location of the St. Vincent's Dining Room. He stated as a
businessperson, a citizen, a taxpayer, and a Christian, he was asking the City
to relocate the Dining Room to an area that would not cause so much undue strain
for our business community and customers, and for the citizens who reside in San
Rafael.
Reverend Jan West, of the Canal Ministry, and representing the Marin Interfaith
Council, stated the Marin Interfaith Council continued to support every effort
to keep the St. Vincent Dining Room in Downtown San Rafael. She felt Council
should be commended for the consideration of a 90 -day moratorium, and the
formation of an Ad Hoc Committee that will work toward a just and compassionate
solution. Rev. West stated the community was also deeply indebted to Sue Brown,
whose integrity, management, and leadership had brought this issue to the
forefront of the City's vision. She noted the Interfaith Community had the
highest respect for her, and for all those who continue to work for the welfare
of the Dining Room guests. However, in the months ahead, the fundamental issue
being considered was not the location of a building, but rather how this
community responds to people who are poor and hungry. Rev. West believed that
to move the Dining Room to a location where it cannot be reached was
unconscionable, and to turn people away from the Dining Room was not an option.
She stated the Interfaith Council stands in solidarity with the homeless, the
poor, the elderly, and the disabled people who depend upon the Dining Room, and
also stands with the people of this community who value human life over bricks
and mortar.
Rev. West stated the Interfaith Council asked that Council keep the option open
for continuing the present location on "B" Street, as it explores the
possibility of a Ritter Street site. In addition, she stated the Interfaith
Council called upon the City Council, in the spirit of renewal and healing, of
which Father Rossi spoke last week, and with a commitment to justice, to stand
also together, in support of our brothers and sisters who are hungry, and to
allow St. Vincent's to continue to serve as, and be a model for, a local faith -
based, independent organization.
Referring to the Downtown Vision, Rev. West referred to Page 19, quoting,
"Downtown San Rafael is a role model for the rest of the County". She called
for it to be a model that reflects our moral responsibility to all of the people
of this community, especially to those in need.
Carol Durham, former "B" Street business owner, stated she used to have a studio
across the street from the Dining Room, and wished to describe some of the
things she had experienced and observed, including drug dealing in the alley
between the Dining Room and the antique store; drugs and drinking in front of
her studio, and in the private parking lot behind her studio; sleeping in her
backyard; sitting and/or sleeping in the doorways, and refusal to leave when
asked; following her or other people who were going into the studio or coming
out; throwing marijuana through the mail slot; being drunk and disorderly next
to the studio; leaving dogs tied to trees next to the studio, barking and
crying; jaywalking without regard to traffic; panhandling all the time;
urinating against the building in front, on the side, and on the tires of her
car; throwing empty liquor bottles and filthy clothes over the fence into her
yard; leaving leftover food and stashes in the bushes on the side of the
building and in the back, causing the possibility of problems with rats and
rodents; Fire Department, Paramedics, and Police became a common site, sometimes
two and three times a day; arguing and fighting; stakeouts, including, among
others, a stakeout by the California Department of Justice looking for a rapist
who had just jumped bail, all of which she stated were very nerve-wracking. Ms.
Durham stated her studio had been at the "B" Street location for three years,
but she was no longer there, noting she left in August after not renewing her
lease.
Rick Beeman, President of Kimber Commercial Brokerage Services, Inc., one of the
Developers who had looked at the "B" Street Redevelopment Project as one of the
projects they would liked to have undertaken, stated he was on unfamiliar
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ground, noting in the past he had spoken in front of Council as a member of the
First United Methodist Church of San Rafael when they stated they did not need a
Use Permit in order to house the homeless, when the Armory was shutting down
some years ago. He stated he had also appeared before Council as President of
the Board of Directors of Ritter House when they were asking to have a Day
Service Center approved, and he appeared as a member of the Marin County
Commission on Homelessness, trying to have that same Day Service Center permit
extended.
Mr. Beeman pointed out he was appearing before Council tonight because he was
concerned about what was happening, and because in all the controversy in which
he had been involved over the past years in San Rafael, this one struck him as
the most acute, and at the same time, it seemed like we were the closest to a
solution; however, he did not see it. Mr. Beeman stated he was comforted to
hear the Attorney from Broebeck suggest perhaps a Letter of Understanding might
be a possible solution for them. He felt there were two issues that were most
important, but most difficult to address: the first was control, and asked,
"What does a Letter of Understanding give the City of San Rafael in the way of
control if it goes to arbitration?" He stated the second was the issue of
trust, which was where he found the most difficult issue being addressed, noting
over the past number of years St. Vincent's has, from his perception, led the
City "down the path", toward a near solution in relocation, only at the last
minute to state, "Oh, I don't think so"; therefore, the City did not trust St.
Vincent's. He pointed out he has also seen that obviously, on the other side,
the City was not trusted. He applauded the idea of an Ad Hoc Committee, and
supported staff's recommendations virtually in toto; however, he noted he would
like to see where that trust could be rebuilt, who would be on the Ad Hoc
Committee who would actually be able to accomplish that, and where we would go
from there. He stated he had a feeling of dread that in 90 days we would be
right back here again.
Hugo Landecker, resident of San Rafael representing the Gerstle Park
Neighborhood Association Board of Directors, stated the Board was not against
the needy, or St. Vincent's, and felt their objective was very commendable, but,
unfortunately, they had caused a very negative impact upon their community,
noting their neighborhood was adjacent to the "B" Street area. He stated the
problems have been many, and they have not responded in a positive way to the
very real concerns of the community, noting they hoped this would improve.
Mr. Landecker reported representatives from Gerstle Park and St. Vincent's
recently met, and they came away with the impression St. Vincent's did not have
a definite plan for their future. He stated they needed to focus on a specific
site, with specific plans and a specific program, before we could react, noting
wherever they go, and how they conduct their business, most definitely should
result in a win/win situation. Mr. Landecker pointed out one of the ideas
discussed in the meeting was the use of satellite dining rooms; noting, such a
program would require the commitment of the St. Vincent's supporters to make it
work. However, we have not yet seen that these groups were willing to commit to
such an effort, although these support groups are very willing to commit the
Downtown to the cause of the needy.
Mr. Landecker noted the San Rafael Zoning Ordinance considered St. Vincent's to
be a high volume food service. He stated St. Vincent's was not a special case
apart from any other high volume food service, pointing out that when they
relocate, the Zoning Ordinance would require them to abide by a Use Permit. Mr.
Landecker stated the Board supported the Conditions of the proposed Use Permit,
shown as Attachment G of the staff report, but they also hoped that if St.
Vincent's remains at its present location, they will agree to abide by a Use
Permit. He stated the Board recommended staff include in the Use Permit a
provision for periodic review, noting they anticipated such a periodic review
would allow the Use Permit to be updated and amended as needed. He pointed out
this technique had been used successfully in other situations in the past.
Referring to the suggestion of a Memorandum of Understanding, Mr. Landecker
stated it was his opinion a Memorandum of Understanding was not a legally
binding document, although a Use Permit would be. He stated this was a
situation of trust, and also control, and the Board strongly encouraged Council
to go with a Use Permit. Mr. Landecker stated Downtown San Rafael had become a
mecca for the needy, noting we have many times more services available than any
other city in Marin, and he believed providing such services had created a
major, but hidden, industry in San Rafael. He stated we have done more than our
fair share, and have attracted more than our fair share of needy from outside
our borders. He noted the aged, the ill, the disabled, and those temporarily
down on their luck, were not the problem here; those who have problems with
drugs, alcohol, and behavior are the problem, and this was the group that
impacted most heavily on our community.
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Mr. Landecker reported that last year there was an unprovoked attack on him,
which resulted in a day at the hospital, and noted the Police knew where to go
to look for the assailant, St. Vincent's. He stated there are homeless people
living in Open Space above Gerstle Park, and these are the same people who use
the services of St. Vincent's. He reported these homeless people were not just
using the Open Space, they were destroying it, cutting down trees, and trashing
the area. He stated this had to stop, and noted St. Vincent's was playing a
part in this role. Mr. Landecker reported many women will not walk the 800
block of "B" Street due to panhandling, verbal insults, and the unsavory
environment St. Vincent's has created, and many parents will not let their
children walk this block on their way to and from school. He stated the impact
on the "B" Street business has been more than significant, noting he had been
very touched earlier when Annie Bowman addressed the Council.
Mr. Landecker stated this needed to change, as this was not our image of what a
Downtown should be like, noting we could not blame St. Vincent's entirely, but
they are part of the problem, and many times they are playing the part of the
enabler. He stated sixteen years of talks and no visible results had been bad
for our community, noting City Hall must take a leadership role and pull all
parties together, which would mean no more closed meetings. He believed we had
to talk about how to make St. Vincent's acceptable to all in the community.
Mr. Landecker stated the Board supported the outstanding staff report, and the
recommendations therein, noting this time the talk must lead to real action. He
believed it was time to move forward, and time to do what was right for the
entire community.
Mayor/Chairman Boro announced there would be a brief recess.
Mayor/Chairman Boro reconvened the public hearing.
Mariah Baird, resident of the Bret Harte area, asked for clarification regarding
the procedure, stating many Bret Harte residents had attended the meeting
expecting to be heard. She noted they had been promised for many months that
this public hearing would be their opportunity to be heard on the subject of the
St. Vincent's facility, and that was why they were in attendance. Considering
the lateness of the hour, and the need to conclude, she made a formal request
that the hearing be continued to a later date, so all Bret Harte residents, who
had been promised, and relied on the representations of the City that this
hearing was for the purpose of reviewing the sites in the Bret Harte area, would
have the opportunity to be heard.
Mayor/Chairman Boro stated the hearing was not going to be continued unless
Council wished to do that, and pointed out that normally, a spokesperson would
represent the community, which he noted Ms. Baird was certainly capable of
doing. He stated Council had already heard from the President of the Bret Harte
area Homeowners Association, noting generally, Council does not hear from every
person in the neighborhood, they look for a spokesperson. Ms. Baird stated she
appreciated that fact, but she would also like to speak on behalf of the rest of
the neighborhood, and the individuals in Bret Harte who would like to be heard.
She stated they had been foreclosed because of the City's closed door process,
which was why they were here now, and felt it was a reasonable request. She
thanked all of the Councilmembers/Members for consideration of her request that
this hearing be continued to allow that to occur, as they were promised.
Ms. Baird felt the scope of the hearing needed to include the sites in the Bret
Harte area, because the staff report specifically contains a site recommendation
which states one or more of these sites, including all of the Bret Harte sites,
would be a suitable relocation site for the Dining Room. That being the case,
she stated the issue for Bret Harte had not been foreclosed, and noted there
were many people who lived in Bret Harte who needed to know what was going to
happen, reporting people were already required to disclose the imminent location
of the Dining Room in any of these sites when wanting to sell their homes. She
stated they had the same situation as Patricia Chambers at the Montessori
School, and they needed to know what the situation was, which was why they were
asking for resolution.
Ms. Baird stated she had five points she wished to make. First, she asked
Council to include the residents as the City goes forward in this process,
stating they were Council's constituents, and they wanted to participate, noting
they had been trying to make that clear. She pointed out they were also the
shoppers, taxpayers, and people who generate the sales tax by coming Downtown.
Second, describing Bret Harte as her home, and the home of hundreds of other
families, she then referred to maps which showed the Bret Harte neighborhood,
the areas proposed as sites for St. Vincent's Dining Room, the areas of Open
Space, and the location of Bret Harte Park. She noted a proposed site on De
Luca, and pointed out a portion of Irwin Street leading to a very large Open
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Space, which she believed, given the experience in San Rafael, would become a
homeless encampment if, in fact, the Dining Room is moved to that location. She
stated there was also concern about the neighborhood park, which is used by many
families. As her third point, Ms. Baird stated Bret Harte was obviously not the
right place for St. Vincent's, noting St. Vincent's agreed with that. She
stated her concern was that the staff report discusses the sites in Bret Harte
as if siting a building; however, that was not the issue. She noted it was
obvious from the testimony being given that the concern was with siting the
population attending St. Vincent's. Ms. Baird believed the aged, the needy, and
the disabled needed to be served Downtown, where they live, and noted substance
abusers and those engaging in criminal activities did not belong in Bret Harte.
She stated Bret Harte was not equipped to respond to the needs of those people
at all, noting, as Chief Sanchez had reported, the crime statistics speak for
themselves.
Ms. Baird reported her fourth point was that moving St. Vincent's to any of the
sites in Bret Harte was not going to help the people who go to St. Vincent's,
and it was not going to resolve any problems; rather it was going to create more
problems, and more demands for City services. She stated part of the material
she was submitting included a review of the requirements of the City Charter,
the Municipal Code, and the General Plan, under which the City would have
substantial demands for its services once Bret Harte and the Open Space above
Irwin and below Bret Harte Road become areas of encampments. Ms. Baird's fifth
point was that the City definitely needed to supplement the analysis in the
staff report of these sites, particularly in view of Council's obligation to
ensure the public welfare, and the Mayor's obligation to strictly enforce the
Charter and the Municipal Code. She felt the descriptions of the sites in the
staff report were inadequate, and relied on a merely semantic distinction
between West Francisco and Bret Harte, pointing out that in looking at the map,
there was no actual distinction between those two areas. Further, she stated
the staff report suggests, with respect to many of these sites in the Bret Harte
area, that people's movements could be controlled or restricted and, therefore,
the impact on the neighborhood could be mitigated. She stated that was not the
case, noting she was concerned, because the City would be opened up to civil
rights lawsuits, defended at public expense.
Ms. Baird stated none of the sites were acceptable under the City's guidelines,
and siting in Bret Harte was contrary to all of the City laws, General Plan,
Charter, and Municipal
Code. She noted that for all of these reasons, and many of the reasons others
had previously spoken about, she would like Council to definitively remove the
Bret Harte sites from any further consideration.
Rabbi Michael Barenbaum, Congregation Rodef Sholom, stated members of his
congregation volunteer at St. Vincent's Dining Room, as they do with many other
agencies that serve the needs of the citizens of Marin County, and his
Congregation Rodef Sholom, like the First United Methodist Church, St. Paul's,
and St. Raphael's, also opens its doors to substance abusers and alcoholics when
it is cold and rainy outside, and when there is no place else for them to sleep.
Rabbi Barenbaum stated it made him sad when he heard people demonized because
they urinate outdoors, in public, noting it was important to realize that when
people move out of two-bedroom, two -bath apartments, they do not stop having
bodily functions, and they still need to do those things, and if there are not
facilities for them, they have to do that somewhere. He stated it also made him
sad to hear people demonized because they are drug users, alcoholics, or
mentally ill, because those are conditions that are not criminal in and of
themselves, noting it happens to be a condition that they have, and they need to
be cared for and fed. He stated, unlike some of the neighbors, he loved to have
the children in his congregation go to the Dining Room, to meet the guests who
eat lunch there, to serve them lunch, because they realize that part of their
spiritual quest is to participate in caring for their fellow human beings. He
noted he loves when the congregation opens its doors and the members see people
who do not have the kind of privilege and resources they do, and to see that
there is room for them in our community. Rabbi Barenbaum stated he hoped that
rather than banishing the good guests at St. Vincent's Dining Room, we find a
way to keep them in San Rafael, and among the people we serve. He stated he
admired the Councilmembers/Members for their patience and kindness.
Dave Guastavino, Downtown business owner, stated his main problem with the
entire situation concerned the Use Permit, stating it seemed as though a
perfectly reasonable set of standards was being proposed for a Use Permit, and
he did not see how it would be a problem for anyone to live under that. He
noted he was at a loss to understand why that would be such a big deal, pointing
out Rob Simon, Executive Director of Ritter House, operates under a Use Permit
issued by the City.
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Patty Burke reported she had volunteered at St. Vincent's for the past three
years, since the Day Service Center opened, and stated she was concerned with
the tone of the report, as it addressed St. Vincent's current management. She
noted that in the staff report, Ritter House was referred to five times as a
model agency; however, she pointed out that Sue Brown ran Ritter House for
eleven years, and reported that when Ms. Brown left Ritter House they honored
her, and stated she had created the "Ritter House magic". Ms. Burke stated
everyone knew Ritter House had been very successful with its rules and
consequences, which were, in fact, Ms. Brown's rules and consequences. She
reported Ms. Brown had been at St. Vincent's for approximately fourteen months,
and had the same rules at St. Vincent's as she had at Ritter House. Ms. Burke
stated the difference between today's St. Vincent's and Ritter House was not the
lack of enforced rules, the difference was the lack of an inner courtyard. She
asked why the City was not supporting Ms. Brown during this transition, getting
up to date on what is currently going on there, and helping her to let others
see the new St. Vincent's? Ms. Burke reported that when Ms. Brown arrived at
St. Vincent's she restructured the staff so it would be more effective, letting
60% of the people go, expanded the Board of Directors, moved the people in off
the street, and denies food to those who are intoxicated. Ms. Burke urged the
Council to support Sue Brown, who created the Ritter House magic, noting San
Rafael needs a St. Vincent's, supported by the City Council.
Dirk Brinckerhoff, commercial real estate broker in the Downtown, reported he
had spent a lot of time working on the Vision for Downtown San Rafael, noting
the Vision included a "B" Street which was a shopping/walking/browsing kind of
place for people to come, pointing out its architectural resources were
something that made it a "human scale" where people could walk up and down, and
spend the day going from shop to shop. However, that kind of thing had not
happened, although a lot of other things in the Vision have happened. He stated
he had found, through his work, that this had not happened because of the
effects of some of the guests of St. Vincent's, and noted perhaps it was a
courtyard that they need. He stated, as brokers, they were required to give
people information and be truthful about what happens in an area. He reported
they had done that with a couple who were moving to the area; however, within
two months this couple cancelled their lease, and threatened to sue his
brokerage, because although they had informed the couple conditions were bad,
they had not told them they were "that bad". He noted their conditions had been
quite like Carol Durham, who spoke earlier. Mr. Brinckerhoff believed that
until St. Vincent's finds a way to keep those people who are causing the
problems inside, and control them, "B" Street would remain the way it is, and
would not become what they stated in the Vision that they wanted it to become.
Bob King, addressed St. Vincent's and its special mission, stating St. Vincent's
was different from service sector industries, noting service sector industries
provide certain services, but do not build community. He reported when he
became homeless, St. Vincent's was a place where he could go and get a
nourishing meal, be unconditionally accepted, and without having to sign a list,
or certify whether he qualified, as with other service
industries, which he noted was very dehumanizing to someone who has fallen out.
He stated he found a home and acceptance at St. Vincent's, and while he found a
lot of people with problems, he felt we were really talking about the right of
human beings to get a meal. He stated there had also been mention of property
rights, and the rights of people who own property, because they felt threatened
somehow by those who have no property, and suddenly, people want to make them
into numbers and control them. Mr. King believed people wanted to make them
into pieces of property, that could be moved around at will. He stated these
people had a right to eat, noting they have hearts, and just as much light in
them as the people who own property.
Mr. King stated he had found, from his own experience, his life turned around
when he found the unconditional love at St. Vincent's, and also when he met Sue
Brown at the Human Concern Center, noting she was the only one who listened to
him, while everyone else wanted to know what he wanted, but then moved on. He
stated that when Sue Brown listened to him, a light was turned on, and because
that light was turned on, they were able to develop a grass roots organization,
Homeless in Action, that gave voice to the needs of the homeless community. He
reported they now have an office, and work well with the Human Concern Center,
noting they no longer have demonstrations because they believe there is a better
way to go about things. He stated they offer the only phone service for
homeless people, because no service sector industry will do that, although it is
a very simple need. Mr. King believed the religious community needed to grasp
onto renewing its commitment to serving the poor, and St. Vincent's, under the
leadership of Sue Brown, was the perfect vehicle to do that, and the only place
to do that was right where they are, and no place else.
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Geisela Greene, business owner on "B" Street, stated we all want to feed the
homeless in our community, noting she felt it was our moral obligation, as a
community, to share the burden of the less fortunate. However, she did not
believe that was the issue in this instance, noting what was at issue was where
that should occur. Ms. Greene pointed out that for the past twelve years the
Downtown merchants and the Downtown business community have carried the burden
of feeding the less fortunate in the middle of the commercial center. She
stated every small business owner she knows was trying very hard to keep their
business going, and to keep a positive attitude that the changes outlined for
the Vision project in Downtown San Rafael would create a new economic blossoming
for everyone, merchants and residents alike.
Ms. Greene reported when she opened her business four years ago she had no idea
how much her business was going to be affected by the Dining Hall, noting that
since the Dining Hall is feeding the homeless, the mentally unstable, and the
alcoholics, she is daily at the mercy of their behavior, which includes drunken
outbursts, urinating at her front door, leaving empty bottles of alcohol,
sitting on the ground in front of her windows, and most of all, accosting her
customers and scaring them away. Ms. Greene stated she puts up with this on a
daily basis, since she believed what she had been told at the beginning of her
tenancy, that there was already an agreement, and supposed willingness on the
part of St. Vincent de Paul's, to move the Dining Room to another location that
would be more appropriate for everyone concerned.
Dan Lytten, a Zen Buddhist Priest affiliated with Green Gulch Farms Zen Center,
reported he conducts a meditation group on Wednesday mornings at St. Paul's
Episcopal Church, and is also a member of the Marin Interfaith Chaplaincy Board
of Directors. He stated he wished to address the greatest of San Rafael, as a
City, noting he had been terribly inspired by the outpouring of people at this
meeting and the meeting held last week, and the caring about the homeless, about
not abandoning anyone, and about how we can take care of people in need. Rev.
Lytten stated he had also been moved by the testimony of the merchants who have
been affected by this, noting we should not abandon them either.
Rev. Lytten believed there had to be a good relationship between St. Vincent's
and its
neighbors, and there had to be consequences the Police Department can enforce,
but he felt we also had to take care of the people in our community who are in
need; therefore, he hoped the options would be kept open for the Ad Hoc
Committee, and they would not be limited to just considering the Ritter House
district, but would be able to hear from all sides.
Rev. Lytten noted that at the meeting last week Ron Kovic had mentioned a march
in San Rafael, and he understood there were other people who were interested in
doing this, and marching to talk about homeless issues. Rev. Lytten pointed out
that when this idea was first presented, Councilmember/Member Cohen had thought
it was meant to be a march "on" San Rafael; however, he noted that if we all
worked together, Councilmember/Member Cohen could be marching at the front
together with Ron Kovic, and we could all be working together to make San Rafael
a model for the whole Country, for a way to take care of the homeless, and the
needs of the people in the neighborhood near St. Vincent's.
Mayor/Chairman Boro closed the Public Hearing, and brought the discussion back
to the Agency/Council for comments.
Councilmember/Member Miller stated the issues before Council at this time were
very profound, striking at the heart and soul of our whole community, and are
likewise very complex. Referring to Rev. Lytten's statements, he agreed this
was actually a systemic problem that we really should be facing. He stated that
while everyone understood the issue of direct services to the few, it was really
systemic change for the many, noting that was where he would like to get on Rev.
Lytten's bandwagon and go with him, and if they wanted to march,
Councilmember/Member Miller stated he would be there with them. However, in
facing the issue now before the Agency/City Council, Mr. Miller stated he saw
this as a framework for solution and change, and as he looked at the framework
being offered now, he acknowledged there were a couple of principles involved.
He stated the redevelopment of "B" Street was the product of a five year, broad-
based, community involved process, bringing together social responsibility,
physical development, and sustainable growth. He stated the relocation of St.
Vincent's was a matter in which the City shared the values and purpose of St.
Vincent's, which were, namely, meals delivered to the needy, and the caring,
compassionate and, yes, loving atmosphere, in a place or places that allow for
both distributive and productive justice to flourish, and human dignity to be
protected, and the health and safety of neighborhoods to be enhanced.
Councilmember/Member Miller stated he saw this framework that had been brought
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forward as a way in which we can go forward together, to achieve the common
goal, to achieve the common purpose we all have. Therefore, he would vote for
this particular proposal, because it puts in place a total community
involvement, in which we can do this together.
Councilmember/Member Cohen stated he, too, would be happy to join such a march,
noting he believed it helped all of us keep in perspective that the problems we
have all been talking about last week and tonight, were symptoms of larger
problems in our society, which flow down to this level because the
Agency/Council is the lowest level of government, and is unable to pass them off
to anyone else. He noted they were the ones the public can come and talk to,
pointing out there were only a few people who knew how to go up to Sacramento
and talk in front of a Legislative Committee, and fewer still who have the
resources to go to Washington, D.C., talk to Congress, and have an impact.
Therefore, the federal government hands off its responsibility, and the State
hands off its responsibility, the County no longer has the ability to provide
services, even though they have the will, and so the City, which is not even in
the business of being a social services provider, is left charged by the
citizens to deal with the public safety issues and the land use issues that flow
out of some of Society's problems. He stated this was what Council was
challenged to do, and that was one of the reasons the City's stress in a lot of
this has been around the public safety and land use issues.
Councilmember/Member Cohen felt it was a shame that Mr. Donovan, when he
appeared earlier, stated he was going to pay his ticket, and he was never going
to shop in San Rafael again, because of the City's failure to support St.
Vincent's; so he is going to go shop in Larkspur, which has not one social
service provider to Mr. Cohen's knowledge, and no facilities for the homeless.
Mr. Cohen stated he missed the point Mr. Donovan was making, noting Mr. Donovan
was somehow going to punish the City, yet we were the ones who proudly proclaim
to the world that we are home to more social service agencies than any other
city in Marin County, and probably home to more social service providers than
all other cities in Marin County combined. Mr. Cohen stated he believed the
City would continue to proclaim that proudly, and he hoped that in that vein, we
could get past the issue of the Use Permit.
Councilmember/Member Cohen referred to what he believed were the critical issues
in the discussions between the City and the Society of St. Vincent de Paul for
the past six or seven years. Mr. Cohen recalled an article in the Marin
Independent Journal that included two quotes, which he felt got to the heart of
the matter. He explained there has been, and perhaps continues to be, a dispute
within the leadership of St. Vincent's, in this case, the difference in the
quotes between the Executive Director and the President of the Board of
Directors, about the issue of imposing a Code of Conduct, and consequences for
violation of that Code of Conduct. Mr. Cohen stated he had been particularly
struck by Mr. Kunst's comment, "The City wishes St. Vincent's to abuse their
diners, and we just want to love them". He noted he and Mr. Kunst had discussed
this issue a number of times over the years, pointing out everyone had read Mr.
Kunst's position, and Mr. Cohen now wanted to share his with everyone, noting he
felt he was much more in line with Sue Brown.
Mr. Cohen stated he had two wonderful daughters, noting he loved them more than
anything in the world, and was striving to raise them with a sense of respect
and concern for others, with the notion of their obligation to give back to
their community, and their obligation to assist others who, through fate or
fortune, find themselves in less fortunate circumstances. He stated he was also
working constantly to teach them that some behavior is more appropriate than
other behavior, and fundamentally, their action and their behavior has
consequences. He pointed out he loves them no less when he teaches them that
lesson, even when he is firm with them, or when he has to punish them to try to
get that lesson across to them, believing he equips them for life if he can
teach them that sometimes their actions have consequences, and they have
responsibilities beyond themselves. Mr. Cohen acknowledged this was a difficult
concept for those who deal with dual diagnosis, those who are drug and alcohol
dependent; however, he believed we do them a disservice if we do not try,
somehow, to get that across, or find ways to accommodate their behavior and,
particularly in the case of the social service providers, to take responsibility
to reduce the impacts of that behavior on the neighbors, and the community as a
whole.
Mr. Cohen stated that was the point he had been trying to get across to St.
Vincent's for the last six years, noting that sometimes it has resonated, and
there has been agreement, and then all of a sudden we have a reversed direction.
He acknowledged it was hard for him to know why, not being on the inside, so he
guessed at the fact that there was an internal debate on this philosophical
issue, inside St. Vincent's, as to whether it is most appropriate to
unconditionally accept everyone, regardless of how they behave, or if it is
appropriate to put controls and restrictions on behavior and impose a Code of
Conduct, and have consequences for the kind of behavior Chief Sanchez spoke
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about earlier. Mr. Cohen stated he hoped the latter point of view would
prevail, because he believed that would help to resolve this issue, and would
help the community believe St. Vincent's wants to be a good neighbor, and wants
to do its good works.
Councilmember/Member Cohen stated he believed we all had a real opportunity
during the next 90 days. Referring to the concerns of the neighbors in the Bret
Harte area, Mr. Cohen stated he was not prepared to take anything off the table,
although he was not prepared to spend a lot more time after the next 90 days to
talk about sites, noting he had done that for the past six years, and it had not
worked. He stated he had made a significant change in his position, noting he
had been very clear, all along, that he did not believe the Downtown was the
right place for St. Vincent's. However, he noted he had come to the notion that
perhaps, like a famous quote about democracy, "Downtown is the worst location
for St. Vincent de Paul's, except for every other location in San Rafael".
Councilmember/Member Cohen stated the Council had moved, and he would now ask
St. Vincent de Paul's to move, and the supporters of St. Vincent de Paul's to
move, particularly on one point, the issue of the Use Permit. He asked them to
recognize the City's legitimate authority to regulate Land Use issues. He noted
Sue Brown had asked that we set history aside, set the contentious relationship
between the City and St. Vincent's aside, and not base the discussion on what
happened in the past, and he supported that. However, at the same time, he
noted St. Vincent's attorney argued against working under a Use Permit, based on
the history of the relationship between the City and St. Vincent's. Mr. Cohen
stated they could not have it both ways, and asked, "If we are going to start
with a clean slate, why not start by at least considering the same formula that
works for every other service provider in the City of San Rafael?" He pointed
out every one of them operates under a Use Permit, and challenged anyone to find
a Use Permit that had been severely restricted or revoked by the City of San
Rafael when it came to those helping the less fortunate among us. He stated the
City had set appropriate conditions, noting for the most part they had been
complied with, and every one of the service providers had found ways to deal
with the problems their neighbors have with their operations, resolved them
successfully, and moved on with the business of providing the services they are
engaged in. Mr. Cohen stated he firmly believed St. Vincent's could do the same
thing, and he did not see the need for an alternate vehicle. He hoped they
could recognize the steps the City had taken in terms of the issue of location,
and meet the City half way on the issue of operation, specifically including a
Conditional Use Permit.
Councilmember/Member Cohen noted that in looking at the Use Permit the City has
proposed, it really got down to the issue he started out with, which is that the
City asks that St. Vincent's agree to have a Code of Conduct, and to enforce
consequences for failure to abide by that Code. Mr. Cohen stated he had no
problem in recognizing Sue (Brown) as a great leader, who brought a change to
the Dining Hall, noting he hoped she would be the one to help the City resolve
this issue, and get on to other things. Mr. Cohen stated he hoped we could all
move on to dealing with feeding the needy among us, and not argue about the
conditions of how that is going to be done, and where it is going to be done.
However, he stated there had to be more than "Sue's rules", asking what would
happen if Sue left, or if the Board decided they did not like the way Sue
happened to be doing it, and there was a change in position? He believed the
community deserved more, noting the community deserved assurance that this time
there would be enforceable conditions on the operation, stating the community
was entitled to that. He believed that if we could get there in the next 90
days, everything else would be easy to solve.
Councilmember/Member Cohen stated he was all for an open process, noting there
had been several suggestions concerning the Ad Hoc Committee. He stated he
liked Councilmember/Member Miller's suggestion that we include representatives
from among the diners, and also felt we should include representatives from the
faith community. He cautioned the Committee should not become too big, noting
it had to remain a workable size. Mr. Cohen reported he had made a suggestion
to Mayor/Chairman Boro about how the Committee would operate, noting he believed
it should be an extremely open process. He stated we have a Committee, and we
should allow the Committee to try to discuss and come up with a set of
recommendations that will resolve the issues. He recommended the Committee sit
in a circle at the front of the Council Chamber, that the meetings be noticed,
so anyone who is not on the Committee, but is interested, can fill the Chamber
and listen, and that there be a time during the Committee's process for public
comment, so
everyone can have input, but the Committee itself can work to try to "hash out"
some of the disagreements, and come to some resolution that can be presented to
all of us in 90 or 100 days.
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Councilmember/Member Heller stated she believed this meeting, and the one last
week, had been very illuminating, and was very heartened and happy with the
outpouring of support for the homeless, and St. Vincent's. She noted the faith
community had been very strong and verbal in their support for keeping the
facility in the Downtown, and she believed the City had made a very substantial
move on that behalf, by looking at the proposed site. Ms. Heller stated the
1,500 names of those who signed letters of support was simply overwhelming.
Councilmember/Member Heller noted the problem she had with St. Vincent's was not
the mission, but the management, stating she gets telephone calls and has
discussions with women who tell her they are afraid to go Downtown, noting that
began happening four years ago when she was elected, and she has heard it time
and time again. She recalled what the Police Department did at that time was to
put two more Policemen in the Downtown area, and pointed out that was a direct
cost to all of the City's residents, because they were paying that money through
their taxes, and it was costing us all to keep that behavior under control. She
stated she did not believe it was really a case of the clients that we see, it
was a case of the "missing clients" who were not here tonight, or in the
wonderful pictures the community has seen. She noted those were the people who
have trouble with their behavior, and believed we had to help them help
themselves. Ms. Heller stated she and her husband had taught their children
that they were responsible for their behavior, and she believed that was
something we all had to continue with some of the people who were not able to
control their behavior, stating we had to help them, as a community.
Councilmember/Member Heller stated she was somewhat confused by the fact that
St. Vincent's was not really accepting a Use Permit, as she had heard Ms. Brown
state in public that she accepted it, and really welcomed a Use Permit. Ms.
Heller stated she felt a Use Permit was really a guarantee that if Ms. Brown
were to decide to take a new job, or if the Board decided to hire a new Manager,
that the rules were understood, understood by the City, understood by St.
Vincent's, and understood by their clients. Ms. Heller stated she had been
really confused by the suggestion of a Memorandum of Understanding, or getting a
mediator or a moderator, noting she thought that was what the Neighborhood
Committee would be doing, resolving these issues as they came up, because they
would be involving those in the neighborhood, the business owners, and the
diners.
Councilmember/Member Phillips stated City Manager/Executive Director Gould
deserved a lot of credit for approaching this issue differently, noting it had
caught many people by surprise that there was yet another possibility or option
that had not been considered, one which Mr. Phillips believed had a lot of
merit, and would come close to satisfying a lot of the concerns. He stated this
new approach would allow the City, by redevelopment, to improve a segment of the
City that needed to be improved, noting it would be part of the Vision, and
would extend the Downtown business area, if we were to enhance, through Retail,
Parking, and Housing, the "B" Street area, which Mr. Phillips believed, in many
cases, sorely needed improvement. He stated the result of that would be the
relocation of St. Vincent's to another location within the City, and reiterated
some of the conditions expressed for accomplishing that. He noted one condition
was that the new location be within walking distance or a convenient location in
proximity to where St. Vincent's exists currently. He stated the City had
agreed to that, and noted he believed most people would agree it was reasonably
close. In addition, he believed Ritter House and St. Vincent's were two
complimentary services, and felt we were actually going to be able to better
serve the people we have been concerned about. He noted that if we thought
about the needs, such as the meals, and a lot of the services Ritter House is
now providing, such as the means of cleaning oneself, telephone connections,
counseling, and some of the other services, he felt it made sense to have them
at the same location.
Mr. Phillips stated the one concern he had was for the business person, noting
he deals with a lot of businesses, and it is not easy. He felt it was
appropriate for the City to support that community element, noting the people
Downtown were honorable people, and they needed support, as well. Mr. Phillips
stated the City needed to consider them, and he believed the Use Permit might
satisfy that, noting he did not feel it would be terribly onerous on St.
Vincent's, as far as he understood the operation. Mr. Phillips recalled he had
been on the Planning Commission when Rob Simon and Ritter House came before the
Commission proposing the Ritter House location and services, and there had been
concerns about Ritter House because of St. Vincent's experience. Although there
was a lot of opposition in the audience, the Planning Commission granted a six-
month Use Permit for Ritter House, and when Mr. Simon came back to the
Commission at the end of six months for renewal of the Use Permit, there was not
one person in opposition; on the contrary, there were a number of people,
including everyone on the Planning Commission, who complimented Mr. Simon for
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the work he had done. Mr. Phillips stated he was hopeful the Ritter House
experience was going to compliment St. Vincent's, particularly with Sue Brown's
experience at both Ritter House and St. Vincent's, and he believed it would end
up as a plus for everyone, particularly those in need of the services of both
institutions.
Sue Brown thanked the City for its willingness to work with St. Vincent's on
this issue, stating she appreciated the position the Councilmembers/Members were
in, and have been for many years. However, she noted she wished to clarify the
comment about the newspaper report, which she did not believe had been exhibited
in the context in which St. Vincent's had tried to deliver it. She stated she
wished to make clear that there had not been any contention, divisiveness, or
separation from the points of view of the President of the Board of Directors,
Bob Kunst, and herself, as Executive Director. She reported what she had been
trying to point out in the newspaper was that there were many people, not just
Mr. Kunst, but many people, who felt strongly that it was cruel to deprive
someone of food because they have a disease, although they may be in denial of
the disease. She stated the challenge before them was to be able to listen with
respect to the differences of opinion in how St. Vincent's takes care of the
poor, and those who are addicted. She stated St. Vincent's spirit, very much
like Mother Theresa and Christ himself, was about taking care of someone
regardless of their situation, and regardless of their nasty attitude. She
noted the patience that was required to bridge that difference in thinking, from
that kind of perception to that of a care providing, Use Permitting, good
neighbor policy, was something that had to be bridged. She acknowledged this
was not easy, noting it was much more complicated than one being right and one
being wrong. She stated one of the reasons she came to St. Vincent's in the
first place was her profound respect for Bob Kunst, noting when she was a care
provider at Ritter House, Bob Kunst was the only care provider who, when she had
a need for one of her clients, would never fail to respond to it. She stated he
was a gentleman who, morning, noon, and night, was quietly taking care of
people, in the most unbelievable situations in which he finds himself, including
going to other counties. She stated the issue was far more complicated than Sue
Brown and Bob Kunst disagreeing, noting they really did not disagree on the
basic issues, they merely worked on the degree at which they will be enabling a
person to self-sufficiency. Ms. Brown stated she wanted everyone to understand
that she had the deepest love for Mr. Kunst, noting he was her mentor, as well
as her model.
Mayor/Chairman Boro referred to Mr. Phillips' comments about the City and what
it does. He reported he had the privilege of serving on the Blue Ribbon
Homeless Commission, appointed a number of years ago, noting he had worked with
some of the people who were in attendance tonight. He stated one of the goals
of that Commission had been to have five day service centers in Marin County,
pointing out San Rafael was the only city in the County to have one, and there
was still a need for four others. Mayor/Chairman Boro stated it was important
that those attending this meeting understand that the City was being asked the
question, "Why are you doing so much, and no one else is doing anything?"
Mayor/Chairman Boro urged those in attendance, when this process was finished,
to take their enthusiasm, and not march down Fourth Street, but rather march
down the Avenue of the Flags at the Civic Center, and get the Supervisors and
other cities to come to bat. Mayor/Chairman Boro stated when he was on the
Commission he went to every Supervisorial District in the County, reporting
there were homeless people in every District, not just in San Rafael.
Mayor/Chairman Boro noted he supported a Use Permit, stating it had to happen,
and he felt it would happen with St. Vincent's, as he believed the City could
convince St. Vincent's that this was not going to be onerous; however, he noted
that at the same time, the City had a responsibility to the entire community.
Mayor/Chairman Boro felt the process needed to be open and noticed, with the
public being allowed to speak, so there are no surprises when the 90 days are
over.
Mayor/Chairman Boro noted Mr. Kunst had stated in a newspaper article that the
City Council wanted him to treat the homeless badly, and Mayor/Chairman Boro
stated that simply was not true, noting the Council has always wanted to treat
the homeless with respect. However, he pointed out the Council had to temper
that respect with respect for the rest of the community. Mayor/Chairman Boro
stated he wished to share some of his thoughts on this issue, and read a
prepared statement for the record, stating, "Over the past week, at two of these
meetings, for about seven hours, much has been said and alleged about this City
Council, St. Vincent de Paul's, and the community of San Rafael. Hopefully,
after these meetings we can learn from the past, and build on the future. I
think most of you know there is a homeless provider in town called New
Beginnings. I think these two words should be the theme of a dialogue between
the City of San Rafael, the St. Vincent de Paul Society, and the community of
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San Rafael as we move forward. If we can capture and sustain the support and
enthusiasm that has been displayed here by the community toward New Beginnings,
we can address the issues of homelessness in San Rafael that meet our needs, and
our community goals.
"I believe the San Rafael community wants to help, and serve those who are
homeless in our midst. I believe, also, that our community wants these needs
met with certain goals. First, those who need help are given the help with
dignity. Second, at the same time, those who provide help do so in a way as to
paraphrase a member of our community who has written to me on this subject, and
I quote, 'Rather than St. Vincent de Paul just concentrating on the material
aspects of their mission, that is, feeding, they must provide the spiritual
support to their clients that would manifest respect and responsible attitudes
and actions toward the community'. The Council received another letter from a
local minister who speaks contrary to this. That letter states, in essence,
that St. Vincent's is 'un -bossed' and 'un -bought', since all of its funds are
from private sources. He states that simply giving meals and the option of
table fellowship and communal support to all that ask, with no questions asked,
no conditions imposed, and no judgments, was what St. Vincent's was all about.
That position has also been stated to me over the years by past and present
members of the St. Vincent's Board of Directors. I do not, and I cannot,
support this position. All of us need to be accountable for our actions, and I
believe the community of San Rafael that wants the needs of the homeless met,
wants it to be done in a way that both the providers and the recipients are
accountable to the greater community. I believe that dealing with the needs of
the whole person is what moral leadership is all about, and I invite all of you
to work with St. Vincent de Paul and the City of San Rafael to achieve the
mission of feeding the poor, in a way that we are a model to the Nation, and not
just another soup kitchen that is constantly defending its operation.
"So, what can we do, the City of San Rafael, St. Vincent de Paul, and the San
Rafael community? I believe this Council can continue to demonstrate its
collective moral leadership, by working with all the stakeholders, the
residents, the merchants, the churches, St. Vincent's and their clients, to
ensure that a hot meal is made available each day to those who have the need,
and in turn, the conduct of this effort be done in a way that all stakeholders
benefit from this activity.
"To the community of San Rafael: first, the churches. You have shown great
leadership in getting your congregations behind this effort, but I challenge you
to 'walk the walk', not just 'talk the talk'. Let's open up the doors of our
churches, whether it be for satellite feeding, or some form of shelter, or
better yet, to seek, find, and work with a few homeless people or families in
each congregation, as you do at Christmastime, on a year-round basis.
"To those of you from the San Rafael community who put your time, your efforts,
and your hearts in this effort, those of you here tonight, and those who left,
who were here earlier, remember, tonight is, hopefully, a new beginning, not the
end. St. Vincent de Paul will need active volunteers to help with community
outreach. I challenge each of you to give four hours per month to the St.
Vincent de Paul Society, to work with the community, and ensure that St. Vincent
de Paul and its clients are good neighbors.
"Finally, to St. Vincent de Paul, I look for your management and Board, over the
next 90 to 100 days, to form a partnership with all the stakeholders, to
reinvent yourselves using the model that comes about from these open
discussions, so that we can have a new beginning in the delivery of your special
services here in San Rafael. Over the next 90 to 100 days, let's have frank,
open, and conclusive discussions on the issues before us, new Downtown
locations, Code of Conduct, Use Permit Conditions, and community outreach
practices, to name a few.
"A Code of Conduct and Use Permit requirements that meet the needs of St.
Vincent de Paul, its clients, and the community is achievable; in this case,
there are ample models available. Respecting the needs and goals of the entire
San Rafael community will lead us to this new beginning".
Councilmember/Member Miller stated he wished to proceed with the outline of the
process, in which this community comes together, in order to really fulfill that
great mission that is in all our hearts, namely, that we do take care of the
poor, and that the poor, who are the most vulnerable in our society, are the
ones to whom we are able to say, "This is the height of democracy".
Councilmember/Member Miller moved and Councilmember/Member Cohen seconded, to
accept the City Manager's recommendation to enact a 90 -day moratorium on
redevelopment activity on the "B" Street Redevelopment Project, call for the
immediate formation of an Ad Hoc Dining Room Committee to work with St.
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SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 32
Vincent's representatives to select a specific relocation site within the
"Ritter Street Area", and create a new operational program or approach during
the 90 -day moratorium; and endorse the relocation of the St. Vincent's Dining
Room to a Downtown location, under the following conditions: the Dining Room is
to be relocated to the "Ritter Street Area"; the Dining Room must operate under
a Use Permit, similar to that of the Ritter House; St. Vincent de Paul must
enforce a strict Code of Conduct in and around the Dining Room; St. Vincent de
Paul will be encouraged to cooperate with Ritter House for the provision of
services to the poor, including sharing of staff, facilities or resources, or
possibly even merging operations; St. Vincent de Paul must participate in an
ongoing neighborhood committee to avoid and/or resolve neighborhood issues
related to the Dining room; an independent audit must be conducted of the number
of patrons currently served by the Dining Room to help establish a maximum
number to be served at the new location. Additional diners would be served at
alternative satellite locations. In addition, the Ad Hoc Dining Room Committee
is to be constituted both with patrons, as well as membership from the faith
communities.
Mayor/Chairman Boro asked City Manager/Executive Director Gould to review the
recommendations for the proposed components of the Ad Hoc Committee. City
Manager/Executive Director Gould noted the suggestion was that the Ad Hoc
Committee be composed of representatives from the following groups: St. Vincent
de Paul Society, two representatives; City of San Rafael, two representatives;
local businesses, perhaps appointed by the Chamber of Commerce and the Business
Improvement District, two representatives; neighborhood representatives
appointed by the Federation of San Rafael Neighborhoods; social service
providers, in particular the Ritter House and Homeward Bound; and one
representative from the Human Rights Commission. Mr. Gould noted he had
suggested all meetings be open to the public, that all meetings be led by a
professional facilitator, and the results be reported to the City Council at a
meeting in June. Mayor/Chairman Boro referred to Councilmember/Member Miller's
earlier suggestion, and recommended two additional members from the homeless
community, whom they would nominate themselves, and also two members from the
faith community, which would bring the Ad Hoc Committee to fifteen members.
Councilmember/Member Cohen stated the motion was to proceed with the staff
recommendation to focus on the "Ritter Street Area". He noted a couple of
comments had been raised about remaining in the current location, and/or
incorporating St. Vincent's into the redevelopment project, as proposed. He
stated he was not going to close the doors to anything, because he had been
saying for six years that he did not think there was a Downtown location that
was viable, and here he was about to vote for a Downtown location. Mr. Cohen
noted one of his concerns about the "B" Street location has been about the
conflict between the pedestrian oriented retail area and this type of operation.
He believed one of the reasons Ritter House operated so successfully was, in
part, actually its location within the Downtown area, its physical location, and
the nature of the businesses immediately around it. Mr. Cohen pointed out
Fourth Street had become a very pedestrian oriented retail area, and the City
hoped "B" Street could join in that renaissance, although he did not know if it
could with this kind of facility in the middle of it, even with a courtyard.
Councilmember/Member Cohen also believed there were some fundamentally economic
issues. First, he reported he had heard from the proposed Developer of the
Redevelopment Project, who stated he did not see this project as being
financially feasible if it incorporated the Dining Room, explaining they needed
to have a certain amount of footage that generates rent in order to pay for the
project, and off -set the cost of the affordable housing the City was going to
require. He stated the Developer's position, restated today, was that the
project does not "pencil" for them with the Dining Room in the center of it.
Mr. Cohen stated that meant someone would have to come up with the money to
close that gap, noting it was not going to be the City, nor was it going to be
the Redevelopment Agency. He stated it was important to understand there was a
misconception that the City was proposing to subsidize this project, to the tune
of $1 million, for the purpose of getting rid of the Dining Room. Mr. Cohen
stated that was not true, noting the proposal before the Redevelopment Agency
was to use $1 million in Housing Funds to increase the housing stock in Downtown
San Rafael by twenty-four units, to rehab a significant number of existing
units, and to create and ensure long-term affordability of those units. He
explained that was the only legal purpose for which we could use those funds,
and that was what they were directed for. He stated we could not take those
funds, hand them to St. Vincent's, and tell them to rebuild their facility, or
buy the welding shop and build a courtyard, noting we did not have the legal
ability to use those funds for that purpose, nor did we have another source for
$1 million.
Councilmember/Member Cohen stated one of the original proposals was that the
City buy the building from St. Vincent's, which would give St. Vincent's its
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SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 33
money out of the building that it owns, and then that money could be used to buy
another location. He explained that would mean the Redevelopment Agency would
then have an obligation to pay relocation expenses. He noted we could legally
and legitimately use the money for those purposes; however, we did not have $1
million to subsidize rebuilding or expanding the current operation in its
present location.
Councilmember/Member Cohen stated he also believed in the potential benefits of
co -location, noting he felt we needed to focus on the Ritter Street area, and
also recognize the extreme financial difficulties associated with the proposals
to remain in the current location, and accomplish the kind of re -design that
would need to happen. Therefore, Mr. Cohen stated he supported
Councilmember/Member Miller's motion that Council ask the Ad Hoc Committee to
focus on the Ritter Street Area.
Councilmember/Member Cohen stated he had listened carefully to everyone who
spoke during the meeting, and had taken notes for review. He felt that
throughout these discussions there seemed to be two sets of voices, or two
themes, and he had tried to listen to both. One was the theme that St.
Vincent's represents the best in all of us, and the recognition of the moral
imperative to help those in need, and to be a complete community for doing that.
And then there was the theme that there are problems associated with carrying
out that mission. He stated some of those problems were directly associated
with the provider of food to the hungry, and some of those problems had an
impact on people, and people's lives. He stated it had an impact on people's
ability to conduct business Downtown, it had an impact on the residents of this
community having a willingness to come Downtown, and it had an impact on people
feeling safe and comfortable, noting whether in fact, or not, they were safe and
comfortable was almost beside the point, because they did not feel safe and
comfortable, and had repeatedly reasserted that to members of the Council.
Councilmember/Member Cohen asked each of those who had expressed some variation
of one or the other of those points of view to listen sincerely to the people
who expressed the other view, noting they were both valid, and he did not
necessarily believe they were in opposition to one another. He stated that only
by recognizing the validity of those two points of view could we come together
and find a solution to this.
Mayor/Chairman Boro asked City Manager/Executive Director Gould to begin working
with St. Vincent's and the other bodies on the formation of the Ad Hoc Dining
Room Committee, and present Council with a preliminary report at the regularly
scheduled Council meeting next week. On behalf of the City Council, and the
citizens of San Rafael, Mayor/Chairman Boro thanked City Manager/Executive
Director Gould for bringing this opportunity to them, noting they had made a big
turn in the road, and Mr. Gould's help in getting there was much appreciated.
Mayor/Chairman Boro asked for a roll call on Councilmember/Member Miller's
motion.
AYES: COUNCILMEMBERS/MEMBERS: Cohen, Heller, Miller, Phillips &
Mayor/Chairman Boro
NOES: COUNCILMEMBERS/MEMBERS: None
ABSENT: COUNCILMEMBERS/MEMBERS: None
There being no further business, the meeting was adjourned at 11:45 PM.
1998
JEANNE M. LEONCINI, CITY CLERK/AGENCY SECRETARY
APPROVED THIS
DAY OF
SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 33
SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 34
MAYOR OF THE CITY OF SAN RAFAEL/
REDEVELOPMENT AGENCY CHAIRMAN
SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 34