HomeMy WebLinkAboutMINUTES - 11141989 - T.6 T. 6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 14, 1989 by the following vote:
AYES: See votes below
NOES:
ABSENT:
ABSTAIN:
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SUBJECT: Hearing On Appeals of Volunteers of America, City of
Martinez, and Citizens For A Safe Martinez From Decision
On Development Plan 3014-89 In the Martinez Area
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeals of the Volunteers of America
Bay Area, Inc. , City of Martinez, and James F. Beiden representing
Citizens for a Safe Martinez from the decision of the Contra Costa
County Planning Commission on the application by Volunteers of America
Bay Area, Inc. (applicant) and Dennis and Lysbeth Rawski (owners) for
approval of Development Plan #3014-89 to modify an existing church
building and single family residence for use as a rehabilitative
shelter for homeless individuals; and on the Environmental
Determination issued for the application in the Martinez area.
Karl Wandry, Community Development Department, presented the
staff report on the requests before the Board of Supervisors for
consideration today. He commented on the original request by the
Volunteers of America Bay Area, Inc. , the hearing by the Planning
Commission of the appeal relative to the Environmental Determination
issued for the application, and he presented a brief description of
the site. Mr. Wandry commented on the recommendations of the Contra
Costa County Sheriff ' s Department and the Martinez Police Department.
He presented the Planning Commission recommendation to the Board,
commenting on the background of the appeals before the Board. Mr.
Wandry presented the various options before the Board for
consideration today as listed in the staff report. He presented the
staff recommendation to deny the appeals and sustain the decision of
the Planning Commission for thirty-five adult women at this site. He
requested the Board consider the appropriateness- of the Negative
Declaration for this project and the approval of the project itself.
The public hearing was opened and the following persons appeared
to speak:
Steve Bucknum, 3230 MacDonald Avenue, Richmond, representing
Volunteers of America, commented on issues including a brief history
of the proposal; the initial request for 54 residents, the various
hearing processes, the concern relative to the negative effect on
property values of neighboring properties, and the concern that the
residents of the shelter would have an adverse affect on the
community. He commented on various other projects run by the
Volunteers of America. He commented on various aspects of the project
before the Board and the appeal by the City of Martinez on the
environmental documentation and the appeal by the Citizens for a Safe
Martinez.
Supervisor Powers commended the Volunteers of America for their
efforts.
Supervisor Fanden commented on the room in all organizations for
improvement, the lack of approval by the neighborhood for this
proposal, the recommendation of the Martinez Police Department and the
Contra Costa County Sheriff ' s Department, and her recommendation to
• a
Perfecto Villarreal relative to having permanent, small, six to twelve
units in any of the existing Housing Authority lands because the lands
are there and zoned and she commented that an assessment of those
lands is necessary. Supervisor Fanden stressed the six unit permanent
shelters in more communities than here.
David Bortin, 117 Los Altos Avenue, Walnut Creek, spoke in favor
of the shelter.
Chief Robert Markwith, 525 Henrietta Street, Martinez, Chief of
Police of the City of Martinez, representing the City of Martinez,
commented on issues including the appeal by the City of Martinez of
the Negative Declaration, the possible increase of police services,
and the screening processes, expressing concerns relative to the
disposition of the people denied use of the shelter. He commented on
the City of Martinez request to deny the project.
Supervisor McPeak questioned whether any other sites in Martinez
had been identified for shelter locations, and requested Chief
Markwith' s observations of other Volunteers of America shelter
locations.
Chief Markwith responded to Supervisor McPeak' s questions.
Supervisor McPeak suggested that the Board might ask the Police
Chiefs ' Association to assist the Board in identifying some sites.
Jim Beiden, 1134 Alhambra Avenue, Martinez, representing Citizens
for a Safe Martinez, commented on material he had delivered to the
Supervisors' offices, and on issues including the environmental
issues, impacts on the neighborhood, impacts on other community
facilities, traffic, transportation, parking, and the need for an
environmental impact report if the Board were to consider approving
the project. He also commented on other issues including the reasons
the project should require a Land Use Permit, the restriction of
gender for persons using the shelter, the uses adjacent to this
location, and the report from the CHART Committee.
Supervisor McPeak clarified the reasons for opening a winter
shelter and the various programs operated out of the shelter.
Ray Ulmer, 1357 Peach Street, Martinez, representing Citizens for
a Safe Martinez, commented on issues including the shelter impacts on
property values, conditions in various other shelters, and responded
to a question from Supervisor Powers on the remarks concerning the
racial composition of other shelter neighborhoods.
Cheryll Grover, 916 Palm Avenue, Martinez, representing Citizens
for a Safe Martinez, spoke on issues including the level of absorption
of services, other communities providing their fair share of services,
and the County relocating services and employees out of the downtown
area.
Richard Glaeser, 1307 Potter Street, Martinez, spoke opposition
to the proposed shelter.
Clara Rae Genser, 555 Prem Street #443, Albany, spoke in favor of
housing for the homeless.
Raymond Gonzales, 1160 Shell Avenue, Martinez, spoke in
opposition to the shelter proposal.
Alice Alderette, 1425 Shell Avenue, Martinez, spoke in opposition
to the shelter proposal.
The Chair read comments from Bill Kay, 801 Main Street, Martinez,
against the shelter.
Charles Phillips, 920 Bella Vista, Martinez, spoke in opposition
to the shelter.
Fred Mewes, 1304 Shell Avenue, Martinez, spoke in opposition to
the shelter.
Doug Klink, 1320 Peach Street, Martinez, spoke in opposition to
the shelter.
Bette J. Howell, 3232 South Francisco Way, Antioch, spoke in
favor of the original shelter plan as proposed by the Volunteers of
America.
John Olmsted, 1117 Holly, Alameda, President of the Volunteers of
America, spoke in favor of the shelter.
Penny Harris, 205 Hiddencreek Court, Martinez, representing the
YMCA of Contra Costa County, spoke in favor of the shelter.
James C. Fickling, 405 Richardson Street, Martinez, commented on
the home for the mentally ill he and his wife operate in their
residence.
Kent Stromsmoe, 2215 Pine Street, Martinez, spoke recommending
that this project be denied and if there is another application, to go
through a land use permit procedure and have an environmental impact
review.
Lawrence Emerson Gault, 801 Main Street, Martinez, spoke on the
homeless.
Vicki Smith, 2820 Broadmoor, Concord, Executive Director of
Phoenix Programs, spoke in favor of the shelter proposal.
The Board discussed the number of people served by Phoenix
Programs each day and the number of staff on duty.
Ms. Smith responded to the various questions from Supervisors.
Perfecto Villarreal, 3133 Estudillo Street, Martinez, Director,
Contra Costa County Housing Authority, spoke in favor of the proposal.
The Chair read comments from Iris Suhl, 5717 Clinton, Richmond,
on the necessity of shelters.
The public hearing was closed. -
Supervisor Fanden indicated she would be recommending against the
County Planning Commission recommendation for the facility for women,
indicating support for the facility for women if it were done with an
environmental impact report. She commented on the FACSAC report
recommending against the facility being used for the homeless.
Supervisor Fanden also commented on the problem of the homeless and
suggested that the smaller six or twelve units in a given spot would
be more acceptable and could be done in more areas than just one, and
on pursuing this idea with Mr. Villarreal and the Housing Authority.
She spoke on the three appeals before the Board today and issues
including the extra calls to the Martinez Police Department, speeding
on Shell Avenue, the effects on the merchants in Martinez, the people
who live in the Mt. View area, the people who live in the Vine Hill
area, the people in the Blum Road Alert Group, and she advised that
she would not support the shelter as it was originally proposed and
would support it for women if there was an environmental impact
report. She recommended to the Board denial unless an environmental
impact review is done for the project.
Supervisor Powers commented on the shelters located in West
County and elsewhere in the County.
Supervisor Schroder expressed gratitude to Volunteers of America
for expanding their endeavors to Central and East County and
acknowledged their efforts in West County. He expressed that he had
no particular problems with this shelter location and referred to the
policy recently adopted by the Board of local community acceptance.
He commented that if he were to approve the application he would be
- r
voting against the policy the Board had adopted a short time ago, and
until consideration could be given to changing the policy the Board
had previously adopted, he would be in opposition to the application
before the Board today.
Supervisor Torlakson spoke in support of the Volunteers of
America appeal, adopting Option D, and establishing a communication
system with the neighborhoods, with the City, and with the Police
Department that involves a candid, close working relationship in terms
of complaints and problems that may arise. Supervisor Torlakson
commented on issues that must be addressed including the screening
process, the release or job search process, and he expressed support
for the larger, original application.
Supervisor McPeak recognized not only Volunteers of America but
also those in the audience who have served the homeless. Supervisor
McPeak also commented that she had not known the specific location of
the shelter earlier in the process, expressing disagreement on that
item in the chronology of the April 25, 1989 Board of Supervisors
Order. She commented on the staff report and the options outlined
therein, commenting on the appropriateness of the Negative
Declaration, the changes requested by Volunteers of America indicating
support for a portion of them, and speaking in favor of a staged in
implementation. She proposed as a concept to the Board granting a
land use permit for run for one year from the time that the shelter
becomes operative staging in an occupancy such as the first three
months 35 and up to 45 for the second three months and up to 54 the
nine month period being subject to the approval of the Community
Development Department monitoring with the input from the Advisory
Committee that there has been a successful operation.
Supervisor Fanden commented on the lack of feasibility with only
35 people and requested a response from Steve Bucknam on the
possibility.
Steve Bucknam responded to Supervisor Fanden' s request commenting
that at $12. 00 per day per person that Supervisor McPeak' s proposal
was not feasible.
Supervisor Fanden moved to approve the Planning Commission' s
recommendation.
There was no second to the motion. The motion died for lack of a
second.
Supervisor Powers requested a response from Mr. Rydingsword on
the staging and the- financial issue.
James Rydingsword commented that if it were the Board' s direction
they would look for sources of funding and commented on the tight
budget for the coming year.
Supervisor McPeak commented on the need to find funding to make a
program work.
Supervisor Fanden recommended that the feasibility of the issue
of supplemental funding during the phasing process be referred to the
Finance Committee for report back to the Board.
Supervisor Powers moved to adopt Option D with the modifications
suggested by Supervisor McPeak but with a 54 bed maximum to avoid the
financial problem and if the financial issue can be worked out, to
stage it in in such a fashion as has been indicated.
Supervisor Torlakson reiterated that the motion included
incorporating the concept to the extent staff can stage it or curve
the occupancy and he seconded the motion.
Supervisor Fanden commented on the criteria that had been
established by the Board.
Victor Westman suggested that if the Board were going to change
the policy as a part of the motion, that the Board make a finding that
the need changed the policy and consideration of it arose after the
agenda was posted last Friday and in order to take action, four votes
are required to take action on that part of the motion.
Karl Wandry requested that before it votes on the project itself,
the Board consider the question of the Negative Declaration
independently with a vote to determine the necessity and if the Board
finds that the Negative Declaration is appropriate, that the Board
make the finding that the Board considered all material presented to
them both in written form and verbally to come to that conclusion.
Supervisor McPeak moved to approve the CEQA recommendations as
per staff ' s outline.
Supervisor Powers seconded the motion. The vote on the motion
was as follows:
AYES: Supervisors Powers, McPeak and Torlakson
NOES: Supervisors Fanden and Schroder
ABSENT: None
ABSTAIN: None
Supervisor McPeak requested taking separately the issue of the
clarification of the intent of the policy.
Supervisor Powers expressed that it was a matter of clarifying
what the Board meant by having a policy of having neighborhood
consent.
Supervisor Schroder advised that since this was the first public
hearing with testimony relative to the siting of a center such as this
and it might be well to look at the total policy relative to siting in
the next two weeks.
Jim Rydingsword clarified that the criteria relative to siting
was as guideline.
Supervisor Powers commented that the intent was to clarify not to
change the policy.
Supervisor Torlakson commented that staff had clarified the
intent of the policy be a guideline.
Supervisor Fanden requested clarification on what was the main
motion.
Supervisor Torlakson clarified that the motion was to approve the
Volunteers of America appeal minus requested changess 2, 3 , and 4 and
to permit the 54 person occupancy giving staff some direction to try
to implement a phasing-in of that number and to have some status
report at 3 , b, and 9 months.
Supervisor McPeak commented that she had proposed a three-stage
phase in but she heard the motion proposed for a two-stage phase in.
She also commented on the importance of a review by the Community
Development Department, and suggested again granting this for one year
from the time of operation, to be reviewed by the Board at the end of
the year.
Supervisor Fanden requested further clarification on the issue of
phasing in and the motion before the Board.
The Board discussed the motion.
Supervisor Torlakson advised that the motion incorporated the
clarification of the staging/phasing.
The vote on the motion was as follows:
AYES: Supervisors Powers, McPeak and Torlakson
NOES: Supervisors Fanden and Schroder
ABSENT: None
ABSTAIN: None
Therefore, IT IS BY THE BOARD ORDERED that the CEQA documentation
is FOUND adequate; that the appeal of Volunteers of America is GRANTED
as amended by the Board of Supervisors; that the appeals of the City
of Martinez and Citizens for a Safe Martinez are DENIED; that the
Development Plan 3014-89 with modified conditions of approval (Exhibit
A attached) is APPROVED; and staff is DIRECTED to prepare a draft
Board findings resolution for Board review, consideration and possible
adoption on December 5, 1989.
Later in the meeting, Supervisor McPeak moved to formally request
the Police Chiefs ' Association and the Sheriff ' s Department to provide
their recommendations on potential shelter sites.
The vote on the motion was as follows:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
Therefore, IT IS FURTHER ORDERED BY THE BOARD that the Police
Chiefs ' Association and the Contra Costa County Sheriff ' s Department
are REQUESTED to provide to the Board of Supervisors their
recommendations on potential shelter sites.
1 hereby certify that this is a true and coned copy of
an action taken and entered on the mWddn of the
Board of Supervisors on hs date shown.
Orig. Dept. : Clerk of the Board
Development ATTESTPHIL
�--^-`n i r A
cc: Community De t. ILCHELOR.Clerk'of ty,h,e Board
_County Counsel of Supervi and Administrator
b
BY .DeDuty
a � _
Exhibit A
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3014-89 Volunteers of Americal PER
BOARD OF SUPERVISORS APPROVAL:
General
1. This application is approved for a rehabilitation shelter as generally de-
scribed in the May 22, 1989 letter, memorandum and site plans accompanying
the application. Occupancy shall initially be limited to a maximum of 35
individuals (male or female). After three months of operation, the Zoning
Administrator may approve an increased occupancy up to a maximum of 54 in-
dividuals in accord with Condition #9 below. The shelter shall follow the
described goal-oriented program of assisting individuals into self-suffi-
cient life styles.
In accord with the ordinance requirements, the approved shelter must com-
mence operation or material improvements within one year of the Board of
Supervisors approval action. This period may be extended one year by the
Zoning Administrator on prior written request by the applicant.
Operational Restrictions
2. Clientele (program residents) admitted to the shelter shall be by referral
only from the Department of Social Services who shall screen candidates at
a site outside the neighborhood. The screening procedure shall be in ac-
cord with the process described in the Cornerstone Program Description
dated July 5, 1989. The Department shall determine that a referral :
A. Has no need for psychiatric treatment;
B. Has not been convicted of any violent crimes within the past five
years;
C. Has no uncontrolled substance abuse problem or substance abuse con-
viction within last two years, nor any evidence of intoxication at
time of screening.
D. Is not known to carry illegal weapons or weapons requiring registra-
tion.
These findings shall be documented and shared with the applicants.
3. In the event that evidence is found that a program resident is under the
influence of alcohol or an illicit drug, that individual shall be immedi-
ately evicted from the shelter and transferred by motor vehicle to another
shelter facility or service provider.
4. The applicant shall diligently attempt to develop and maintain good and
respectful relations with nearby residents and businesses, and shall coun-
sel and restrict clientele accordingly.
5. All outdoor activities shall be subject to review and approval of the Zon-
ing Administrator.
2.
6. The operation shall comply with the terms of the contract to be executed
with the Social Service Department.
7. At least 30 days prior to occupancy, the applicant shall submit evidence
that he has diligently attempted to coordinate police-incident recording
methods with the Martinez Police Department and Sheriff's Department. Co-
ordination will address proper documentation of all shelter-related police
activities; and continuing education of the community regarding proper re-
porting techniques and other areas of common concern. Also, the applicant
shall diligently attempt to establish a 5-member board to advise on shelter
operations with the following composition:
Volunteers of America (2 members)
Neighborhood residents (2 members)
Department of Social Service (1 member)
8. Parking of client automobiles on the property of the shelter program shall
be limited to no more than two vehicles. Shelter residents shall agree to
the inspection and search of these vehicles for weapons and dangerous sub-
stances by shelter staff as a condition of their being parked on the prop-
erty.
Other than the foregoing, there shall be no parking by the project resi-
dents in the vicinity of the site. The applicant shall provide other ap-
propriate parking arrangements or other means of transportation for the
project residents which shall be submitted for review and approval by the
Zoning Administrator prior to occupancy.
Performance_Reports
9. After at least three (3) months operation of the shelter, the applicant may
request an expansion in the permitted occupancy from 35 clients to a maxi-
mum of 54 clients. The request shall be submitted to the Zoning Adminis-
trator and shall be accompanied by a report from the applicant.
The report shall address:
A. The applicant's degree of success in satisfying the conditions of this
permit.
B. The success of the program in satisfying its objectives.
C. Any comments from the Sheriff's Office, City of Martinez Police De-
partment, or local neighborhood liaison group (the applicant shall
provide evidence of having solicited comments of these organizations)
and Community Development Department, and the applicant's response to
those comments.
The request for expanded occupancy shall be subject to the review and ap-
proval of the Zoning Administrator. No expansion of occupancy shall be
J
3.
permitted unless the Zoning Administrator finds that the proposed expansion
will be compatible with the neighborhood.
10. One year following commencement of the shelter operation, the applicant
shall submit a report to the Community Development Department. The report
shall contain the same information as the report format described in Con-
dition #9. The report shall be submitted at least 12 months, and no later
than 15 months, after commencement of the shelter operation.
The report shall be reviewed by the Community Development Department. The
report shall be forwarded to the Board of Supervisors with a recommendation
from the Director of Community Development. The Board shall conduct a
public hearing on the operation of the shelter. The purpose of the review
will be to evaluate any compatibility problems with the neighborhood and
determine the appropriateness of its continued operation.
In reviewing the shelter, the Board may make modifications to the opera-
tional and improvement requirements of this permit.
11. Use of the residential structure (former parsonage) shall be limited to
residency of the families of salaried staff members and other accessory
functions. No habitation by program residents shall be permitted.
After the one year review described in Condition #10, the Board may elimi-
nate the prohibition on use of the residence for occupancy/habitation by
program clients.
12. Prior to occupancy, the applicant shall develop and submit a structural
24-hour a day program schedule to guide the activities of program residents
for the review and approval of the Zoning Administrator.
13. At least one salaried staff person shall be on duty at the shelter at all
times.
Physical Improvements
14. The property shall be inspected for safety code violations. If any viola-
tions are identified, the structure shall be brought into compliance prior
to occupancy.
15. At least 30 days prior to occupancy, the applicant shall submit a landscape
and outdoor lighting plan for review and approval of the Zoning Adminis-
trator. Proposed trees shall be a minimum 15 gallons in size; bushes shall
be a minimum 5 gallons. Low level lighting shall be provided at parking
areas and walkway, and shall be oriented so as not to shine on adjoining
properties. Approved landscaping and lighting shall be installed prior to
occupancy, and shall be maintained in good condition at all times.
16. At least 30 days prior to occupancy, the applicant shall submit an exterior
appearance improvement plan for the review and approval of the Zoning Ad-
ministrator:
And the Board adjourns to meet at 8 : 30 a.m. on
Tuesday November 28 , 1989 , for a press conference, Room 105 .
And then to meet in regular session at 9 : 00-a,m.
in the Board Chambers ,"Room *107 , Countv Administration Building ;,
Martinez , California,
TOM TORLAKSON, CHAIRMAN
ATTEST:
Phil Batchelor, County Administrator
and Clerk of the Board of Supervisors
By
Jeanne 0. Maglio, Deputy Clerk