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HomeMy WebLinkAboutCC Resolution 15454 ( Response to the Grand Jury Report on Housing)RESOLUTION NO. 15454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED “THE WORRISOME FUTURE OF MARIN HOUSING: NIMBY RESISTANCE TAKES A BACKSEAT TO ECONOMIC REALITY” WHEREAS, pursuant to Penal Code section 933(c), a public agency which receives a final grand jury report addressing aspects of the public agency’s operations must, within ninety (90) days, provide a written response to the presiding judge of the Superior Court, with a copy to the foreperson of the grand jury, responding to the report’s findings and recommendations pertaining to matters under the control of the governing body; and WHEREAS, Penal Code section 933(c) requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, Penal Code section 933.05 specifies the required contents of a city’s response to findings and recommendations of a civil grand jury; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the Marin County Grand Jury Report, dated June 24, 2025, entitled “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality;” and WHEREAS, at a regular City Council meeting held on September 2, 2025, the City Council discussed the report’s findings and recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby: 1.Approves and authorizes the Mayor to execute the City’s response to the Marin County Grand Jury’s June 24, 2025 report entitled “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality,” a copy of which response is attached hereto as Attachment 1 and incorporated herein by reference. 2.Directs the City Clerk to forward the City’s response forthwith to the presiding judge of the Marin County Superior Court, with a copy to the foreperson of the Marin County Grand Jury. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 2nd day of September 2025 by the following vote to wit: AYES: NOES: ABSENT: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate Councilmembers: None Councilmembers: None ______________________ LINDSAY LARA, City Clerk RESPONSE TO GRAND JURY REPORT FINDINGS AND RECOMMENDATIONS REPORT TITLE: The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality REPORT DATE: June 24, 2025 RESPONSE BY: San Rafael City Council GRAND JURY FINDINGS ▪ We agree with the finding(s) numbered: F4 ▪ We disagree wholly or partially with the finding(s) numbered: F1, F2, F3, F5, F6, F7, F8, F9 GRAND JURY RECOMMENDATIONS ▪ Recommendations numbered R1, R2 will not be implemented because they are not warranted or reasonable. ▪ Recommendations numbered R3, R4, R5, and R6 have been implemented. Date: _____________________ Signed: __________________________ Mayor Kate Colin ATTACHMENT 1 City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 2 of 7 RESPONSE TO GRAND JURY FINDINGS F1. Because the California Department of Housing and Community Development provided the County of Marin and the 11 Marin cities and towns with unrealistic housing goals for the 2023-2030 cycle, the County of Marin and the 11 Marin cities and towns will not achieve their current cycle Housing Element goals. Response: Disagree The City disagrees with this finding. Pursuant to California Government Code Section 65580, the purpose of a Housing Element is for local governments to plan for and facilitate the development of housing through appropriate land use policies and zoning. The Housing Element is a planning document, not a mandate to build housing. Furthermore, the City of San Rafael does not opine on whether the California Department of Housing and Community Development (HCD) provided unrealistic housing goals in the last Housing Element cycle. Rather, the City is focused on implementing its 6th Cycle 2023-2031 Housing Element and streamlining the processing of housing permit applications. F2. The ability of the County of Marin and the 11 Marin cities and towns to comply with the current cycle California Regional Housing Needs Allocation housing goals is significantly impacted by the lack of economic returns associated with that development and, therefore, inhibits the construction of new housing in Marin County. Response: Disagree The City disagrees with this finding. As noted in response to Finding One, the Regional Housing Needs Allocation (RHNA) is a planning requirement, not a production mandate. The state determines compliance not by the number of housing units built, but whether a local jurisdiction identifies housing needs, provides adequate zoning capacity, and implements policies and programs that facilitate housing development in alignment with California Government Code Sections 65580–65589.11. The Housing Element is intended to remove barriers and create opportunities for development through land use policy, not to guarantee economic returns or control market dynamics. What’s more, whether developers are “significantly impacted by the lack of economic returns” is a question best answered directly by developers. That said, City staff keep an open line of communication with developers to understand any barriers they face. For example, in addition to regular interactions with developers, the Community and Economic Development Department staff participated in the Infill Builders Association forum with Marin County in the spring of 2025. City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 3 of 7 F3. Under current state law, the failure of the County of Marin and the 11 Marin cities and towns to make adequate progress in achieving their California Regional Housing Needs Allocation goals could expose these jurisdictions to the potential of litigation, loss of permitting authority, financial penalties, court receivership, and streamlined ministerial approval processes which could substantially impact the ability of local housing jurisdictions to control the development of housing. Response: Partially Disagree The City partially disagrees with this finding. State law authorizes HCD to enforce various state housing requirements. The City, however, cannot speak to whether the County of Marin and 11 Marin cities and towns will fail to comply with state housing requirements. Furthermore, it is important to clarify that such enforcement actions are primarily triggered by failure to adopt and implement a compliant Housing Element, not by the pace of actual housing production, which is largely driven by private market forces beyond local government control. F4. The cost of housing in Marin County is unaffordable for most current and potential Marin County public-sector workers, which reduces the ability of the public-sector employers to attract and retain employees. Response: Agree The City agrees with this finding. The recent Rooted in Marin report includes a variety of data around the high cost of housing in Marin County, which has resulted in 64 percent of Marin County workers living outside of the county. Similarly, 67 percent of San Rafael’s regular full-time employees live outside of Marin County. The City of San Rafael notes that housing affordability challenges are not limited to public sector employees and employers, as housing affordability impacts the private sector as well. F5. The County of Marin and the 11 Marin cities and towns do not consistently inform the public on how applicable state law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects, and therefore, the public often does not understand the range of options available to local housing decision makers. Response: Partially Disagree The City partially disagrees with this finding, as the City cannot speak to whether the County of Marin and the 11 Marin cities and towns consistently inform the public on how applicable state City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 4 of 7 law is limiting or eliminating the discretion of the local decision makers to modify or decline housing projects. With respect to San Rafael, on March 17, 2025, the City Council held a Special Meeting on Recent Housing Legislation, and the City regularly updates its Major Planning Projects website with information on housing projects under review. Additionally, when development applications are presented at public meetings, City staff explain to the public how state laws apply to the project. F6. The County of Marin and the 11 Marin cities and towns are not consistently providing developers and the public with detailed reconciliation of project level public accounting of the planning fees, expenses, and time expectations, and therefore, housing developers are not clear if their housing applications are billed on a cost-neutral basis as required by state law. Response: Disagree The City disagrees with this finding because it cannot speak for developers as to whether they are clear on whether they are billed as required by state law. Likewise, the City is unable to verify whether the County of Marin and the 11 Marin cities and towns are consistently providing developers and the public with a detailed reconciliation of project-level public accounting of the planning fees, expenses, and time expectations. That said, San Rafael supports government transparency with the public and ensuring City fees comply with state and federal law. At its June 2, 2025, meeting, the San Rafael City Council approved the most recent update to the citywide Master Fee Schedule. F7. The County of Marin and the 11 Marin cities and towns are not consistently and proactively engaging the housing development community on the opportunities available in their communities to build new housing, and, therefore, housing developers may not be aware of the opportunities available to contribute to local housing development. Response: Partially Disagree The City partially disagrees with this finding, as the City cannot verify whether the County of Marin and the 11 Marin cities and towns are consistently and proactively engaging the housing development community on the opportunities available in their communities to build new housing. In terms of San Rafael, the City identified specific sites for housing development in its 6th Cycle 2023-2031 Housing Element. In accordance with the State’s Surplus Land Act, in 2023, the City released a Request for Proposals (RFP) to develop affordable housing on a City-owned property City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 5 of 7 at 519 4th Street, and the City provides site selection assistance on an ongoing basis to developers via the San Rafael GO program. F8. Accessory Dwelling Units are an element to the success of each jurisdiction's Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to Accessory Dwelling Unit construction. Response: Partially Disagree The City partially disagrees with this finding. The City agrees that ADUs are an element of the success of San Rafael’s 6th Cycle 2023-2031 Housing Element, which recognized ADUs as an essential part of the City’s housing stock and a sustainable housing option for older adults, students, multi-generational families, caregivers, and small households (Policy H-4.13: Efficiently Using the City’s Housing Stock). In 2024, in partnership with other Marin County jurisdictions, San Rafael supported expansion of the ADU Center to provide services to owners in Marin: https://www.cityofsanrafael.org/the-adu-center-expands-to-marin-county/ Moreover, San Rafael approves ADUs ministerially and provides the public with extensive information on its ADU website. However, San Rafael cannot speak to whether ADUs are an element of the success for all 11 Marin cities and towns’ Housing Elements, and whether some jurisdictions fail to provide a ministerial path to Accessory Dwelling Unit construction. F9. Multifamily housing is the most important element to fulfilling each jurisdiction’s Housing Element for the County of Marin and the 11 Marin cities and towns, yet some jurisdictions fail to provide a ministerial path to multifamily construction. Response: Partially Disagree The City partially disagrees with this finding. Multifamily housing is one of many elements needed to fulfill San Rafael’s Housing Element. San Rafael supports a range of housing product types, including multifamily housing, to reflect San Rafael’s diverse community needs. San Rafael provides a ministerial permitting process for multifamily projects in alignment with state laws. Whether a project is approved ministerially depends upon the type of application that is submitted. Finally, San Rafael cannot speak to whether multifamily housing is the most important element to fulfill all 11 Marin cities and towns’ Housing Elements. RESPONSE TO GRAND JURY RECOMMENDATIONS City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 6 of 7 R1. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to provide detailed quarterly updates to the community on the progress in executing their own specific Housing Element. Narrative: This recommendation will not be implemented because it is not warranted or reasonable. The City already provides the public with annual Housing Element progress reports and requiring City staff to provide the same information on a quarterly basis will not further the City’s housing goals. Rather, adding additional reporting requirements will divert the City’s limited staff resources away from implementing Housing programs that increase housing options for San Rafael residents. Furthermore, the City provides the public with information on housing projects on an ongoing basis via the City’s Major Planning Projects website. R2. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to engage with the public on a quarterly basis on how State housing laws constrain the jurisdiction's ability to approve or modify a housing project. Narrative: This recommendation will not be implemented because it is not warranted or reasonable. The City already provides the public with annual Housing Element progress reports and requiring City staff to provide the same information on a quarterly basis will not further the City’s housing goals. Additionally, when housing projects are presented at public meetings, staff describe how state laws apply to the projects. Finally, the State Housing and Community Development Department is in the best position to update the public on state housing laws. R3. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to proactively engage with potential developers to inform them of opportunities in their housing elements to support addressing the housing needs within Marin County. Narrative: This recommendation has been implemented. San Rafael is already implementing this recommendation. As noted earlier, the City publicly identified specific sites for housing development in its 6th Cycle 2023-2031 Housing Element and the City provides site selection assistance on an ongoing basis to developers via the San Rafael GO program. Additionally, Community and Economic Development Department staff participated in the Infill Builders Association forum with Marin County in the spring of 2025. R4. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to publish and regularly update a public accounting of the fees charged and expenses associated with each development project submitted to the jurisdiction’s planning and building activities. City of San Rafael Response to Grand Jury Report Findings and Recommendations “The Worrisome Future of Marin Housing: NIMBY Resistance Takes a Backseat to Economic Reality” September 2, 2025 City of San Rafael Response to Grand Jury Findings and Recommendations Page 7 of 7 Narrative: This recommendation has been implemented. San Rafael is already implementing this recommendation. Project accounting is publicly available in San Rafael’s online permitting platform, eTRAKIT. R5. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure their housing laws provide a ministerial path for the approval of Accessory Dwelling Units. Narrative: This recommendation has been implemented. San Rafael is already implementing this recommendation. More information regarding ADUs in San Rafael is available on its ADU website. R6. By January 1, 2026, the Marin County Board of Supervisors and the City and Town Councils for the 11 Marin cities and towns should direct their housing planning officials to ensure that local housing laws provide a ministerial path for the approval of multifamily housing in compliance with State housing law Narrative: This recommendation has been implemented. San Rafael provides an option for ministerial approval for all Housing Element sites in compliance with state housing law .