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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, SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 1 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 2 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 2 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 3 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, SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 3 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 4 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 4 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 5 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 5 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 6 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 6 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 7 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 7 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 8 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 8 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 9 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 9 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 10 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 10 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 11 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 11 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 12 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 12 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 13 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 13 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 14 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 14 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 15 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 15 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 16 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 16 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 17 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 17 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 18 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, SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 18 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 19 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 19 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 20 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 20 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 21 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 21 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 22 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 22 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 23 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 23 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 24 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 24 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 25 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 25 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 26 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 26 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 27 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 27 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 28 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 28 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 29 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 29 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 30 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 30 SRCC/SRRA MINUTES (Spec. Jt.) 2/23/98 Page 31 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. SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 31 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 SRCC/SRRA MINUTES (Spec, Jt.) 2/23/98 Page 32 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