Deacon Robert Meave
St. Anselm Parish
forwarded by Ms. Ratto to
Deacon Bernie O'Halloran
St. Anselm Parish
Deacon Ed Cunningham
St. Anselm Parish
Meredith Parnell
Leader - Marin Organizing CommitteeSuzanne Walker
Deputy Director St. Vincent de Paul Society District Council of Marin County
Pat Langley
REST Volunteer
St. Vincent de Paul Society
District Council of Marin County
May 18,2015
Christine Paquette
Executive Director
St. Vincent de Paul Society District Council of Marin County
St. Vincent de Paul Society District Council of Marin County
Dear
Christine,
REST (Rotating Emergency Shelter
Team), St. Anselm Church, St. Vincent de Paul and MOC (Marin Organizing
Committee) plan to operate an emergency shelter at the St. Anselm kindergarten
through fifth grade elementary school gymnasium located in an R1 residential
neighborhood in San Anselmo for eight weeks this summer. (These organizations
will be referred to as “REST” in this letter.)
It is a Violation of Law to
Maintain an Emergency Shelter in a Residential Neighborhood in San Anselmo
We are writing to inform you that we
believe that the pilot emergency shelter program as described and planned by
REST will be violating the law. Housing homeless men from 6 p.m. to 6 a.m. for eight
weeks falls within the definition of an emergency shelter, and opening an
emergency shelter in a residential neighborhood is forbidden by San Anselmo
Ordinance 1098, Municipal Code Title 10, Chapter 12 and Land Use Table 3A.
(Links to Ordinance 1098, Chapter 12 Emergency Shelters and Land Use Table 3A
are at the end of this letter.)
The definition of an emergency shelter
is stated in San Anselmo Municipal Code 12, Section 10-12.02. San Anselmo law
defines an emergency shelter as one that meets the definition stated in
California Health and Safety Code section 50801(e). Section 50801(e) states
that "’Emergency shelter’ means housing with minimal
supportive services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may be denied
emergency shelter because of an inability to pay.”
The shelter planned by REST for eight weeks
during the summer meets the definition of an emergency shelter because it will
house homeless men for less than six months.
San
Anselmo Ordinance 1098 modified the Land Use Table 3A to state that emergency
shelters are forbidden in residential zones and allowed only in Limited Commercial, General
Commercial, and Public Facilities zoning districts within ¼ mile of a transit
stop. (Links are provided at the end of this letter.)
Based
on the above information, since St. Anselm kindergarten through fifth grade
elementary school is in an R1 residential district, it would be unlawful to
place an emergency shelter there.
REST Will Be Violating the
Law and Risking the Health of Children and Adults by Allowing Smoking Breaks
Pat Langley sent a contradictory
letter stating both that there will be no smoking and that there will be
smoking breaks between 6 p.m. and 10 p.m. by homeless persons at St. Anselm
Elementary School this summer. According to the summary of California and
federal smoking laws linked at the end of this letter, it is not legal to
permit smoking anywhere or at any time in the vicinity of a school or
workplace. To permit smoking would be a violation of law and carry criminal and
civil penalties. Even if it were not against the law, Mayo Clinic literature
states that smoking attaches to physical materials and creates a toxic mix,
creating a serious health danger to children and others who will subsequently
use an area where people have been smoking---which in this case would be the
kindergarten through fifth graders gym and playground at St. Anselm School.
(Links to a Booklet called “Tobacco laws Affecting California” and to a Mayo
Clinic article are listed at the end of this letter.)
REST Plans Further Violations
of the Municipal Code Concerning Security, Lighting, and Numbers of Homeless
a.
REST Plans To Exceed Lawful Number of Homeless
San Anselmo Municipal Code Chapter 12
limits an emergency shelter in San Anselmo to 17 persons. The Municipal Code
states that an emergency shelter “shall
not exceed seventeen persons.” (Municipal Code, Chapter 12, 10-12.03 H.) REST plans to house 40
homeless in violation of the Code. This is more than double the number of
persons permitted in a San Anselmo emergency shelter at one time.
b.
The Law Requires On-Site Security, and REST Does Not Intend To Comply
San Anselmo Municipal Code
Chapter 12 requires that emergency shelters have on-site security and on-site
management. (Municipal
Code, Chapter 12, 10-12.03 B1). REST plans to violate the
law by not having on-site security for 40 men housed in close quarters in the
gym every night for eight weeks. Aside from the fact that the law requires
on-site security, there are numerous practical reasons to require it.
Among these are that the doors to the gym will not be locked. Because of fire codes, the homeless can freely exit through fire egress doors, but may not be able to return because these doors open only from the inside. The City of San Anselmo Housing Element states that 24% of the homeless are mentally ill, and these individuals may be difficult to control. News coverage of homeless shelters during one month in San Francisco described incidents of homeless involving drugs, threats and acts of violence toward staff, possession of a firearm, theft and curfew violations.
Our understanding is that there have been arrests of homeless in San Rafael. REST has not had any experience where homeless go to the same emergency shelter every night for eight weeks.
Among these are that the doors to the gym will not be locked. Because of fire codes, the homeless can freely exit through fire egress doors, but may not be able to return because these doors open only from the inside. The City of San Anselmo Housing Element states that 24% of the homeless are mentally ill, and these individuals may be difficult to control. News coverage of homeless shelters during one month in San Francisco described incidents of homeless involving drugs, threats and acts of violence toward staff, possession of a firearm, theft and curfew violations.
Our understanding is that there have been arrests of homeless in San Rafael. REST has not had any experience where homeless go to the same emergency shelter every night for eight weeks.
c.
The Law Requires Adequate Lighting, and the Lighting Is Inadequate
The law requires adequate external
lighting. (Municipal Code, Chapter 12, 10-12.03 B2.) Two sets of fire egress
doors are not externally lit creating a dangerous situation for residents,
especially at the home for the elderly across the street. This also creates a
danger for the homeless who may leave the building but discover that the doors
do not open from the outside.
d.
The Law Requires an Enclosed Space for Refuse
The law requires a closed area for
refuse with masonry walls. I cannot observe from this from the street.
(Municipal Code, Chapter 12, 10-12.03 D)
e.
The Law Requires a Written Plan
To the best of our knowledge, REST has
not provided a written management plan about staff training, neighborhood
outreach, security, screening of residents, etc. nor included planned assistance
for finding housing and employment. A written plan is required by law.
(Municipal Code, Chapter 12, 10-12.03 E3.)
The Town
Attorney wrote a letter acknowledging that St. Anselm Elementary School is in a
residential zone, but stated erroneously and without citing authority that
REST’s shelter can be an accessory use. This is error because the San Anselmo
Ordinance and Municipal Code defines an emergency shelter as one that falls
within the definition of California Health and Safety Code section 50801(e)
(any shelter housing homeless for less than six months), and the San Anselmo
Ordinance 1098 modified the Land Use Table 3A to state that emergency shelters
are forbidden in residential zones and only allowed in Limited Commercial,
General Commercial, and Public Facilities zoning districts within ¼ mile of a
transit stop.
It is possible that the Town Attorney
was not aware of the change in law. The law cited in this letter was passed by
the Town Council January 13, 2015 and appears to be connected to the Housing
Element.
We appreciate your hard work to help
the homeless, and would like to join your efforts in working towards a
solution, but that effort cannot supersede or violate laws in place to protect
the residents of San Anselmo. REST should continue to follow its own publicly
stated policy to keep homeless shelters out of residential communities.
Sincerely,
Marsha
Hallet
Robert
Hunter
Jeff
Isles
Jeanne
Sperry
Eloise
Morgan Murphy
Kenneth
Michael Murphy
Jolene Winston
Links
1. Ordinance 1098 – adopts Title 10,
Chapter 12 (Emergency Shelters) and can be found by going to the Town of San
Anselmo website, linking to “government,” linking to “Town Municipal Code,” and
entering Ordinance 1098 in the search bar.
2. San Anselmo Municipal Code, Chapter 12 -
The Municipal Code can be found by going to the Town of San Anselmo website,
linking to “government,” then linking to “Town Municipal Code,” then entering Chapter
12 Emergency Shelters in the search bar.
3. San Anselmo Land Use Table 3A - The link to the Land Use Table 3A can
be found by linking to “government”, then linking to “Town Municipal Code” then
entering Table 3A in the search bar.
4. Link to Smoking Laws in
California and Mayo Clinic Article on Third Hand Smoke - http://changelabsolutions.org/
5. Articles About Homeless Denied Access to
Emergency Shelters in San Francisco Because Of Criminal Behavior –http://www.huffingtonpost.
6. REST policy statement
about not having emergency shelters in residential areas - http://wearesanrafael.com/
No comments :
Post a Comment