San Anselmo Homeless Shelter Correspondence with Jason Satterfield re Alternative Shelter Locations and Smoking San Anselmo Homeless Shelter San Anselmo R1 Homeless Shelter

San Anselmo R1 Homeless Shelter

REST plans to house 40 homeless men at the St. Anselm Elementary School gym this summer even though the area is zoned R1, and emergency shelters are not permitted in R1 residential zones. San Anselmo Municipal Code allows only 17 homeless in limited commercial, general commercial and public facilities zones within 1/4 miles of a transit stop, and requires on-site security. REST plans no security guards. Smoking is prohibited in schools and playgrounds, and REST plans to allow smoking.

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Town Code Correspondence No Smoking Law Neighborhood Response Solutions

Saturday, May 30, 2015

Correspondence with Jason Satterfield re Alternative Shelter Locations and Smoking

Marsha Hallet <marshahallet@gmail.com  5/30/15

 

Hi Jason -
We found the ramp located on the side of the gym near the sandbox.
And that brings up the final issue about the shelter at the school, the REST smoking policy that permits smoking during breaks from 6pm - 10pm.
California law prohibits smoking on school yards and specifically within 25 ft of a sandbox area.




We would appreciate learning what is being done to comply with this law.  We don't think providing personal air filters to smokers is compliance.
Thank you for your attention to this matter.
Marsha



Marsha Hallet <marshahallet@gmail.com




Hi Jason -
I sent you photographs of the gym showing the entrance and exit doors that I can see from the street.  Perhaps I am unaware of another door? Please let me know where there exists an entrance to the gym that is ADA compliant.
Thank you,
Marsha






On Thu, May 28, 2015 at 2:06 PM, Satterfield, Jason <JSatterfield@marincounty.org> wrote:
Hi Marsha:

Before agreeing to pay for services there, the County sent an ADA inspector to the site.  He requested some very small changes be made, and then determined that the site is ADA accessible. 

From: Marsha Hallet [mailto:marshahallet@gmail.com]
Sent: Thursday, May 28, 2015 12:57 PM
To: Satterfield, Jason
Cc: Spaeth, Sparkie
Subject: Re: Alternative Locations for Homeless Shelters

Hi Jason -
I appreciate your response and will post it on my blog.
REST has taken down the post on their website that they "will never locate a shelter in downtown San Rafael or a neighborhood" so I don't believe that the summer shelter will be a one-off.

I am not as familiar with ADA requirements as you are, but looking at the government checklist for emergency shelters I do see that access is an issue. Will REST be providing a ramp at the St. Anselm gym? There are steps to all entrances.  The fire egress doors are not lit. See photos below.
Making shelters accessible to people with disabilities is a requirement of the Americans with Disabilities Act.
Besides not being compliant with ADA regulations, the location of the shelter is not compliant with San Anselmo Ordinance 1098.
It seems to me that REST should keep looking.
Thank you for your consideration,
Marsha


​

​





On Thu, May 28, 2015 at 12:11 PM, Satterfield, Jason <JSatterfield@marincounty.org> wrote:
Hi Marsha:

The County and several nonprofit service providers helped REST congregations, represented by the Marin Organizing Committee, to do an exhaustive search of potential new locations for REST.  We evaluated sites using several criteria including ADA accessibility, cost, etc. We looked at almost every site on your list.  Each of them were either unavailable, too expensive, or not compliant with ADA regulations. 

I think it’s important to note that the REST summer pilot at St. Anselm school is not intended to be a permanent solution.  The search for a new site is ongoing.

Jason

From: Marsha Hallet [mailto:marshahallet@gmail.com]
Sent: Monday, May 25, 2015 4:57 PM
To: Satterfield, Jason
Subject: Alternative Locations for Homeless Shelters


Hi Jason -
I lead a neighborhood group opposed to the Town of San Anselmo allowing a REST homeless shelter for 40 men at St. Anselm kindergarten through fifth grade elementary school's gymnasium for eight weeks this summer.

We think that the town ordinance and state law are very clear that "emergency shelters" are defined as any shelter housing homeless for less than six months, and the town ordinance is equally clear that "emergency shelters" can never be placed in residential neighborhoods. (Ordinance 1098, Title 10, Chapter 12, Land Use Table 3A)

We learned through Change LabsSolutions: California Laws Affecting Smoking 2014 that state and federal laws do not allow smoking in any private or public school nor near any playground. In addition, the Mayo Clinic site describes that third-hand smoke is extremely toxic, especially to children, because it attaches to physical surroundings near the smoker and resists removal. REST plans to allow the homeless to smoke.

The town Ordinance limits emergency homeless shelters in San Anselmo commercial and public facilities areas to 17 homeless individuals, not 40. The Ordinance requires on-site security and on-site management, and REST does not plan to have any security. 

The town attorney has not addressed all of these issues, but instead wrote that St. Anselm is allowed an accessory use in an R1 zone. We believe that this is in error because the ordinance is not ambiguous and states explicitly that emergency shelters are not permitted in any R1 zone. The ordinance also modified San Anselmo's Land Use Table 3A to exclude emergency shelters in residential zones.  From our reading, there is no exception stated in the ordinance nor in state law for pilot or temporary shelters; the law applies to any shelter for the homeless where homeless are housed for less than six months, just like the one planned for the St. Anselm gym.

REST on its own website say says "REST is not considering a site in neighborhoods or in downtown San Rafael."

We think opportunities may exist for a homeless shelter in underutilized buildings owned by the County.  Additionally, there may be bank owned properties in commercial zones that can be re-purposed for two months this summer.

We put together a short list of sites we know about. Please advise us whether these sites can be used as homeless shelters this summer and if not, why not.

1. Patrick’s: This building is sold and an apartment complex may be constructed there, but not this summer. Maybe the owner would donate it for the summer.

2. San Rafael National Guard Armory:  We see some concerts scheduled on weekend nights but no conflicts during the week. Homeless that are not inebriated or mentally ill could be housed there as they were in the past.
​3. Marin County Fair and Exhibition buildings:  Many exhibit halls are empty or at least empty at night, except during the fair.
4.  Empty classroom buildings at Indian Valley College: There are thousands of sq. ft. of empty space which can be utilized with minor modifications or repairs.
5.  Other buildings at Hamilton Air Force Base: Is there space in other buildings on the base that are empty at night?  The proximity to New Beginnings would be a benefit.

Thank you for your consideration of these comments. They are offered to suggest legally zoned alternative sites for the REST project this summer that are "not ....in neighborhoods or in downtown San Rafael."

Best regards,
Marsha Hallet












x

x

Satterfield, Jason <JSatterfield@marincounty.org>





Hi Marsha:

The County and several nonprofit service providers helped REST congregations, represented by the Marin Organizing Committee, to do an exhaustive search of potential new locations for REST.  We evaluated sites using several criteria including ADA accessibility, cost, etc. We looked at almost every site on your list.  Each of them were either unavailable, too expensive, or not compliant with ADA regulations. 

I think it’s important to note that the REST summer pilot at St. Anselm school is not intended to be a permanent solution.  The search for a new site is ongoing.

Jason

From: Marsha Hallet [mailto:marshahallet@gmail.com]
Sent: Monday, May 25, 2015 4:57 PM
To: Satterfield, Jason
Subject: Alternative Locations for Homeless Shelters


Hi Jason -
I lead a neighborhood group opposed to the Town of San Anselmo allowing a REST homeless shelter for 40 men at St. Anselm kindergarten through fifth grade elementary school's gymnasium for eight weeks this summer.

We think that the town ordinance and state law are very clear that "emergency shelters" are defined as any shelter housing homeless for less than six months, and the town ordinance is equally clear that "emergency shelters" can never be placed in residential neighborhoods. (Ordinance 1098, Title 10, Chapter 12, Land Use Table 3A)

We learned through Change LabsSolutions: California Laws Affecting Smoking 2014 that state and federal laws do not allow smoking in any private or public school nor near any playground. In addition, the Mayo Clinic site describes that third-hand smoke is extremely toxic, especially to children, because it attaches to physical surroundings near the smoker and resists removal. REST plans to allow the homeless to smoke.

The town Ordinance limits emergency homeless shelters in San Anselmo commercial and public facilities areas to 17 homeless individuals, not 40. The Ordinance requires on-site security and on-site management, and REST does not plan to have any security. 

The town attorney has not addressed all of these issues, but instead wrote that St. Anselm is allowed an accessory use in an R1 zone. We believe that this is in error because the ordinance is not ambiguous and states explicitly that emergency shelters are not permitted in any R1 zone. The ordinance also modified San Anselmo's Land Use Table 3A to exclude emergency shelters in residential zones.  From our reading, there is no exception stated in the ordinance nor in state law for pilot or temporary shelters; the law applies to any shelter for the homeless where homeless are housed for less than six months, just like the one planned for the St. Anselm gym.

REST on its own website say says "REST is not considering a site in neighborhoods or in downtown San Rafael."

We think opportunities may exist for a homeless shelter in underutilized buildings owned by the County.  Additionally, there may be bank owned properties in commercial zones that can be re-purposed for two months this summer.

We put together a short list of sites we know about. Please advise us whether these sites can be used as homeless shelters this summer and if not, why not.

1. Patrick’s: This building is sold and an apartment complex may be constructed there, but not this summer. Maybe the owner would donate it for the summer.

2. San Rafael National Guard Armory:  We see some concerts scheduled on weekend nights but no conflicts during the week. Homeless that are not inebriated or mentally ill could be housed there as they were in the past.
​3. Marin County Fair and Exhibition buildings:  Many exhibit halls are empty or at least empty at night, except during the fair.
4.  Empty classroom buildings at Indian Valley College: There are thousands of sq. ft. of empty space which can be utilized with minor modifications or repairs.
5.  Other buildings at Hamilton Air Force Base: Is there space in other buildings on the base that are empty at night?  The proximity to New Beginnings would be a benefit.

Thank you for your consideration of these comments. They are offered to suggest legally zoned alternative sites for the REST project this summer that are "not ....in neighborhoods or in downtown San Rafael."

Best regards,
Marsha Hallet




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Posted by Marsha at 5:44 PM
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Labels: Alternative Locations for Homeless Shelters , No Smoking Law , San Anselmo Homeless Shelter , san anselmo homeless shelter in residential neighborhoods , Solutions

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