HomeMy WebLinkAboutCC Minutes 1990-12-17SRCC MINUTES (Regular) 12/17/90 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 17, 1990, AT
7:00 P.M.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 90-24(a) & 90-24(b) - #2. No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 17, 1990, AT
8:00 P.M.
Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor
San Rafael City Council Albert J. Boro, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Suzanne Golt, Assistant City Manager; Tessie Belue, Assistant City
Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
RECOMMENDED ACTION
2. Resolution Authorizing Funding for RESOLUTION NO. 8307 - AUTHORIZING
Sun Valley Trail (PW) - File 13-14-1 THE FUNDING OF THE SUN VALLEY TRAIL
x 9-3-40 x 9-3-65 FROM BEDROOM TAX FUNDS
3. Dedication of Spinnaker Lagoon RESOLUTION NO. 8308 - ACCEPTING CONVEYANCE
(Baypoint Lagoon) (PW) - File 2-5-31 OF REAL PROPERTY (Spinnaker Lagoon [Baypoint
Lagoon])
4. Resolution with Findings Denying
Appeal of Planning Commission's
Denial of Five Foot Fence, 506 "C"
Street; Venkateswara/Parameswari
Lakireddy, Owners; Perry Litchfield,
Rep.; AP 12-155-02 (P1) - File 10-4
x 10-1
RESOLUTION NO. 8309 - DENYING APPEAL
AND UPHOLDING PLANNING COMMISSION'S
DENIAL OF FIVE FOOT FENCE IN FRONT YARD
SETBACK, 506 "C" STREET, SAN RAFAEL
5. Authorization to Contract with Marin RESOLUTION NO. 8310 - AUTHORIZING THE
Poetry Center for Use of Falkirk SIGNING OF A CONTRACT, LEASE OR AGREEMENT
Cultural Center (Cult. Affs.) - (Between City of San Rafael & Marin
File 4-10-205 x 9-3-84 Poetry Center for Use of Falkirk Cu Lural
Center January 1, 1991 - December 31, 1991)
6. Authorize Application to State
Department of Education for Con-
tinued Latchkey Funding for 1991
Through 1992 (Rec) - File 4-10-238
8. Acceptance of Annual Report and
Audit from the San Rafael
Redevelopment Agency (RA) - File 140
x (SRRA) R-62 x 8-3
10. Resolution of Appreciation for
McNear Family for Donation of Play-
ground to San Pedro School (CM) -
File 102
RESOLUTION NO. 8311 - AUTHORIZING APPLICAiTON
TO STATE DEPARTMENT OF EDUCATION FOR
CONTINUED LATCHKEY FUNDING FRO14 1991 THROU,H
1992
Accepted Annual Report and Audit ,
from the San Rafael Redevelopment Agency;
to be forwarded to the State Controller.
RESOLUTION NO. 8312 - RESOLUTION OF
APPRECIATION (To the McNear Family for
San Pedro School Playground Donation)
SRCC MINUTES (Regular) 12/17/90 Page 1
11. Claims for Damages:
a. Beverly J. Dobbas (PW)
Claim No. 3-1-1528
b. Harry Rodrigues (PW & RA)
Claim No. 3-1-1532
c. Phillip Cotton (PD)
Claim No. 3-1-1533
d. Vivian Rain (FD)
Claim No. 3-1-1537
AYES: COUNCILMEMBERS: Boro, Shippey,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 12/17/90 Page 2
Approved City Attorney's recommendation
for denial of Claims a, b, c & d.
Thayer & Vice -Mayor Breiner
The following items were removed from the Consent Calendar for discussion:
7. AMENDMENT TO THE PRIORITY PROJECTS PROCEDURE (P1) - File 115 x 10-2
Councilmember Thayer stated she realized the reason for removing Freitas Interchange
from the Priority Projects Procedure (PPP), since Broderbund is planning on
occupying the former Fairchild site and Costco is no longer in the picture.
She stated, however, that the 322 Specialty Retail Trip reserve is a concern,
and asked how accurate are the figures which would allow the releasing of these
trips after the Merrydale Overcrossing is completed.
Planning Director Pendoley responded the completion of the Merrydale Overcrossing
would release those trips, and more. Ms. Thayer stated she would like a progress
report on the Merrydale Overcrossing, and Public Works Director Bernardi responded
that the appraisals for the right-of-way are completed and are being reviewed
by CalTrans and the County of Marin. He stated they should be awarding the
contract about the middle of March.
Councilmember Shippey inquired about the cost of keeping the PPP going, and
Mr. Pendoley responded that there is no direct financial cost to the City; it
is another step in the development review process. He added it would be a disadvantage
in this case, since we are not going to have a Costco. Mr. Shippey inquired,
if Costco came into the picture again would they be locked out, and Mr. Pendoley
responded that they would, until Merrydale is completed.
Vice -Mayor Breiner explained that the PPP makes the situation more cumbersome
since it is not needed for the Broderbund project.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
amending the PPP as recommended by staff, to remove the Freitas Parkway/101
Interchange from the PPP Program.
RESOLUTION NO. 8313 - AMENDING RESOLUTIONS NOS. 7853 AND 8071 ESTABLISHING PRIORITY
PROJECTS PROCEDURE IMPLEMENTING SAN RAFAEL GENERAL PLAN
2000 (To Remove the Freitas Parkway/101 Interchange from
the PPP Program)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
9. ACCEPTANCE OF THE CITY'S 1989/90 FISCAL AUDIT BY DELOITTE & TOUCHE (Fin) - File 8-1
Councilmember Boro expressed concern regarding the Category 2 Investments as
listed on page 9 of the report. He stated the Council should review the uninsured
investments, and would like to have the expiration dates included.
Finance Director Coleman stated he will have a report at the second Council
meeting in January involving investment policies.
Councilmember Boro moved and Councilmember Shippey seconded, to accept the report.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 12/17/90 Page 2
SRCC MINUTES (Regular) 12/17/90 Page 3
12. PUBLIC HEARING - UP90-50 - APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
A USE PERMIT FOR TEMPORARY HOMELESS SHELTERS AND CONSIDER A RE2UEST FOR A WAIVER
OF THE 75.00 APPEAL FEE; 1510 FIFTH AVENUE., AP 11-201-10; 9 OSS VALLEY DRIVE,
AP 12-0 4-30; FIRST PRESBYTERIAN CHURCH AND FIRST UNITED METHODIST CHURCH, APPLICANTS;
WEST END NEIGHBORHOOD ASSOC., APPELLANT (P1) - File 10-5
Vice -Mayor Breiner declared the Public Hearing opened.
Planning Director Pendoley briefed the Council on the background, stating that
staff had put in a great deal of time on this report, to make it as complete
as possible, and feels it would be a well-run homeless shelter program. He
noted that the Task Force for the homeless recommended rotating homeless shelters
operated by churches, and stated that each Use Permit would be evaluated on
a case-by-case basis. He stated that the Blue Ribbon Homeless Committee felt
that this was a viable solution while a permanent shelter program is being formed.
Associate Planner Tuikka then outlined the program for the Council, and covered
the review and notification processes which were followed. He stated this project
is consistent with the General Plan. Also, the appellants, the West End Neighborhood
Association, are asking for a waiver of the $75.00 appeal fee, on the basis
that the churches were not charged for the Use Permit fee. He stated it is
up to the Council to make a determination regarding the waiver of fees. He
stated that staff is recommending approval of the shelter program, noting the
program is consistent with the General Plan and would provide a valuable contribution
to the area.
Councilmember Thayer noted that one point made by the West End Neighborhood
Association (WENA) was that these churches do not comply with the California
Code regarding sleeping and eating space. Mr. Pendoley responded that they
researched Title 25 of the State Code very carefully. He stated the regulations
WENA refers to are for the grant program and apply for a permanent facility
covered by a grant. They do not apply in this type of case.
Vice -Mayor Breiner then opened the hearing for public input, stating that the
Council has received and read all of the correspondence the public has sent,
as well as the Planning Commission minutes, and asked for as little repetition
as possible when making presentations.
Victoria DeWitt, WENA president, stated that the use of the United Methodist
Church is not appropriate in an R-1 District, and she feels staff is incorrect
in its interpretation of the California Code. She noted the number of social
service agencies in their area, and stated her group feels this will not be
just temporary but will become permanent. She stated the County of Marin should
find an appropriate place. She stated that other cities put their shelters
in high-density residential areas or light industrial areas.
Cg Miller of 129 Greenfield Avenue, a member of the Board of Directors of WENA,
stated this should not be permitted in an R-1 District. He mentioned other
possible sites, such as Hamilton Air Force Base. He stated this is a County
problem and the County is not doing its job. He also questioned the method
used to admit the homeless to the shelters, stating that a voucher could be
passed from one person to another. Also, screening procedures for drugs and
alcohol are discriminatory.
Harry Winters, Vice -President of WENA stated that their appeal was based on
separation of the two sites in question, noting there was no objection to the
First Presbyterian Church being used, and that two Planning Commissioners had
asked about having the two sites considered separately but they were not. He
stated there is no comparison between the Armory area and the area around the
Methodist Church. With regard to waiver of the fee, he noted it was waived
for affordable housing and should be considered for this appeal.
Janice Anton of WENA called attention to the number of local residents who signed
their petition against the shelter, and stated that many of the people who signed
for the shelter do not even live in San Rafael.
Michael Farrell of 2202 Fourth Street stated he has a restaurant and while many
homeless sit on the benches outside his restaurant, they never are troublesome.
He stated that the churches should be open to all.
Rick Melbostad of 205 Greenfield Avenue stated that the shelter is an invasion
of his property rights, and he is concerned that when the shelter is full and
people are denied admittance they will not leave the area. He stated this is
not appropriate for a residential neighborhood.
SRCC MINUTES (Regular) 12/17/90 Page 3
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Brad Beard of Marquard Avenue stated that there were burglaries in his area
after the job training center came there. He added that there is now a drug
treatment center in the area, and he is against this shelter.
Nick Penoyard of Greenfield Avenue recommended Marin Headlands for the use of
their dormatories, stating that the housing people could buy a propane bus and
allow the Headlands to use it in exchange for use of their facility.
Angela Donovan stated she would like to see a permanent solution, and recommended
that everyone get together with the Board of Supervisors and make it happen.
Steve Patterson of the Gerstle Park Neighborhood Association spoke about the
same neighborhoods being encumbered with social programs, and asked the Council
to consider who their constituents are and to think about neighborhood character
and integrity.
Barbara Stearns stated she did not understand why the City is listening to the
proponents of this program, and not to the neighbors.
Vice -Mayor Breiner called for comments from the advocates of the homeless shelter.
Reverend Norm Pott, Pastor of the First Presbyterian Church, stated they are
not applying for permanent shelters, nor are they asking for building permits,
but only for 19 nights between now and the end of April, with the possibility
of three additional weekends when the Armory is closed. He stated that churches
have made this effort historically. He noted that in 1982 chuches sheltered
people rendered homeless by the flood, and have since then on a rotating basis
for up to 30 days in this community. He stated that last year the Methodist
Church housed the homeless, and it has been a special sensitivity in the churches
for a long time. He stated there is no good alternative to what they are proposing,
and cited the various reasons why other sites will not work. He stated that
Marin Housing has spent many hours on this program, and it is well run. He
noted that many of the objections are to things which have not happened, and
that there were no neighborhood problems in the vicinity of the Armory. He
stated that what is being considered tonight is only a modest step in the direction
of solving the problem, and he urged the Council to continue working with the
Blue Ribbon Homeless Committee. He asked the Council to deny the appeal and
support the Planning Commission.
Jackie Gorman, an attorney and a member of the First United Methodist Church,
stated that in this appeal it should be noted that the same conditions apply
to both churches, and yet the appeal states they are inappropriate for one.
She stated that the Zoning Ordinance allows group care with a Use Permit in
an R-1 area, and that is what they are applying for. She stated that WENA has
not come up with a reasonable alternative site. She stated that all of the
matters brought up by WENA were carefully considered by the Planning Commission,
and she has heard nothing at this meeting which should change the decision.
Ron Pasquarelli, Executive Director of the Marin Housing Center, stated that
most of the objections have been provoked by fears. He stated that property
values have not gone down as a result of shelters in the area. He noted a shelter
was run by the First United Methodist Church and there were not incidents of
trouble. He stated his staff is well-trained and well-qualified, and their
voucher system works very well.
Elizabeth Hanson, Co -Chair of the Winter Shelter Advisory Committee (WSAC) with
Doris Law Bagley, stated that the Armory program has been extremely successful
and she has worked there many hours and found the homeless to be no problem.
The Sheriff's Department said there were no incidents and the San Rafael Chief
of Police said there were no incidents at the Fourth and Hetherton drop-off
point. She said she has invited residents of the West End to serve on their
committee, since the fears they have expressed are the ones the Santa Venetia
residents expressed four years ago. These fears proved to be groundless. She
stated that isolating the homeless is doing them and the community a real disservice.
She urged the Council to support the Commission and deny the appeal.
Vice -Mayor Breiner closed the public hearing.
Vice -Mayor Breiner read a statement from Mayor Mulryan, which he had asked her
to read at the meeting, in which he stated he understands the concerns of some
people in the neighborhood about safety, the overall appropriateness of a temporary
shelter near a residential area, and the fact that so far San Rafael is being
SRCC MINUTES (Regular) 12/17/90 Page 4
SRCC MINUTES (Regular) 12/17/90 Page 5
asked to take a disproportionate share of the burden of caring for the homeless
and hungry. He then stated he supports the temporary shelters for the homeless,
noting that they are only temporary and only for a few weekends when the Armory
is not available, the City will monitor the programs very carefully, and the
proponents are including numerous safeguards and complying with the City's General
Plan. Mayor Mulryan also noted that the proposal complies with the safety standards
established by the Fire Department. Also, since this is a temporary use, the
State restrictions are not applicable since they are for permanent housing.
Mayor Mulryan concluded by stating that an additional safeguard has been built
into the proposal by scheduling a review by the Planning Commission on February
26th. He stated that we should do what we can to help those less fortunate,
and also we should urge the County to find a more permanent and appropriate
solution to this troubling social problem.
Councilmember Thayer stated she had attended the Planning Commission hearing
on this issue. She stated that West End is a good neighborhood. She stated
this is a moral issue and it is up to the Council to deal with that. She stated
both shelters should be approved. She stated that she would not want to be
responsible for a person dying on the street, and anyone's election should not
be considered. She said dogs and cats fare better than our homeless. She stated
that every community should do something about it, and the churches have come
forward. The problem is not going away, and each and every community should
do its best. She stated there should be a revolving program, and that San Rafael
has taken the lead, but not any one neighborhood should have this problem more
than another. She stated that next time she would like to see pastors in other
communities come forward, since San Rafael will not have a disproportionate
share and should not have to have this program at these churches next winter
season. She stated the proponents have done an excellent job and she would
like to have the police who are on duty on the nights when the shelters are
used to pass by during their run and check on them. Ms. Thayer then inquired
about the few people picked up in other communities, and whether they also would
be dropped at Fourth and Netherton. Mr. Pasquarelli responded that everyone
is dropped at Fourth and Netherton.
Ms. Thayer stated she would like an added condition regarding the police protection
being added on the nights the shelters are in use.
Councilmember Shippey noted that the City did not choose these sites, or set
up the program, but it was done because the County has not done it yet. He
stated that a few years ago, churches were interested in this type of program,
and he feels that if San Rafael starts it they will follow suit. He stated
he does not want to downgrade neighborhoods or lower the prices of the homes,
but the homeless are here and we cannot turn our backs on the problem. He stated
if we could find a way to return the homeless to the areas they came from it
would help.
Councilmember Boro inquired of Mr. Pasquarelli about what he does if a homeless
person turns up at a shelter without a voucher, having walked to the neighborhood.
Mr. Pasquarelli responded that this did not happen last year, but if it did
the counsellor in charge would take the person to the end of the property and
see that they leave the neighborhood.
Mr. Boro asked what would be involved in taking the person from the neighborhood,
and Mr. Pasquarelli replied that he would not have the right to do that.
Mr. Boro inquired about alcohol and drugs, and Mr. Pasquarelli stated the screening
is done the night before, but if they are visibly under the influence they will
not be allowed on the bus.
Mr. Boro inquired about disruptive people, and Mr. Pasquarelli stated that does
not normally occur, because the people in the shelter want it and they will
be quiet. However, if it is necessary they call the Crisis Center.
Mr. Boro stated he supports Ms. Thayer's comments. He stated he has served
on the committee looking for long-term shelters. He stated San Rafael can
not carry this load indefinitely and the Council of Churches should work with
all of the other cities. He stated San Rafael is setting a precedent tonight,
but does not intend to be a dumping ground nor to impose on their neighborhoods.
He stated there is plenty of staff at the shelters who should be able to handle
situations, and the City must be sensitive to the fears expressed.
SRCC MINUTES (Regular) 12/17/90 Page 5
SRCC MINUTES (Regular) 12/17/90 Page 6
Vice -Mayor Breiner stated that the points important to her have been addressed.
She stated the shelters have to be rotated so no one church would be involved
more than one season unless there was complete accord. She said that fact might
result in other churches becoming involved. She noted that almost every neighborhood
in San Rafael has its share of homeless, since they are all over our community.
She added that what the Council does here tonight may not solve the total problem,
but it is a community trying to do what it can.
Ms. Breiner recommended that the two issues be separated; one being the homeless
shelters appeal, and the other the issue of the waiver of the $75.00 appeal
fee.
Councilmember Boro moved and Councilmember Thayer seconded,to deny the appeal
and uphold the Planning Commision's decision to approve the Use Permit for the
temporary homeless sheltersat the First Presbyterian Church and the First United
Methodist Church, by adoption of the Resolution.
RESOLUTION NO. 8314 - DENYING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL
APPROVAL OF UP90-50, TEMPORARY HOMELESS SHELTERS LOCATED
AT 1510 FIFTH AVE. AND 9 ROSS VALLEY DRIVE.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Council also directed the Police Department to increase patrols in the area
while the homeless shelters are in operation at the churches.
Vice -Mayor Breiner asked for the Council's opinion on waiver of the appeal fee.
Councilmember Shippey stated he would not like to start a precedent regarding
waiver of appeal fees. There was no support for the request.
There being no further business the meeting adjourned at 10:30 p.m.
APPROVED THIS
JEA'ANVE�M. LEONC�City
DAY OF
1991.
VICE -MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 12/17/90 Page 6