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HomeMy WebLinkAboutCC Minutes 2001-04-16SRCC Minutes (Regular) 04/16/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 16, 2001 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:30 PM: Mayor Boro announced the Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 7:30 PM: 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember Absent: None Case Name: MHC Financing, et al. v. City of San Rafael U.S. District Court, Northern Dist. of CA, No. C003785 VRW City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:10 PM MHC Financing, et al. v. City of San Rafael: - File 3-2-97 x 13-7-1 Tom Davis stated he wished to address the Council on the subject of the Rent Control Ordinance and the pending litigation with MHC, and noted there were two points which he urged the Council to bear in mind in deciding how to proceed. Mr. Davis recalled that Council passed this ordinance, substantially in its present form, in 1989 when Contempo Marin was owned by De Anza Assets, and the present owner, MHC Incorporated, purchased the property in 1995 with full knowledge of the ordinance. It was fair to assume, he noted, that the fair market price paid for the property, reflected, among other things, the ordinance and its restriction on rent increases upon transfer of individual mobile homes. For the Council to change those restrictions now to the park owner's benefit, would give MHC an unearned windfall of profit. Mr. Davis reported that not only did MHC pay a reduced price for the property because of the rent control ordinance, but it also had benefited since acquiring the property as a reseller of individual homes. Mr. Davis stated that MHC's carefree sales operation had acquired numerous homes in the park, either from the estates of deceased homeowners, deficient rent situations or by other means, and had also acted as a sales agent in the transfer of other properties. All of these actions resulted in a profit, part of which, according to the logic of MHC's claim in its litigation, comes from the fact that the price of homes was artificially inflated because of the existence of the rent control provisions. Mr. Davis stated that not only had MHC profited by the operation of the ordinance and paid what can be assumed to be a price adjusted by the existence of the ordinance, but also the people in the park who bought mobile homes since the ordinance was enacted in 1989, according to MHC, had paid a premium. All of this was with the permission and inclusion in the profitable operation by MHC itself. Mr. Davis urged the Council not to compromise the case and not give to MHC any part of what, in his opinion, they do not deserve. He stated they bought this with full knowledge, had taken advantage of the situation as it exists, and now are asking to change the rules in the middle of the game. If they are successful in getting the Council to agree, he stated, it would decrease a premium that homeowners who purchased since 1989 paid for. He requested that Council not transfer the equity they paid for to the park owner and not compromise the lawsuit. The League of California Cities, he stated, is fighting the principle involved in this case and there were good reasons not to compromise. This park owner was not the party effected by the original enactment of the ordinance, rather the present homeowners. SRCC Minutes (Regular) 04/16/2001 Page 1 SRCC Minutes (Regular) 04/16/2001 Page 2 CONSENT CALENDAR: Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: 2 11 5. 0 7 ITEM Approval of Minutes of Regular Meeting of Monday, March 19, 2001 (CC) Fair Political Practices Commission (FPPC) Report on Annual Filings (CC) — File 9-4-3 Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 Resolution of Appreciation to Michael Mahoney re Donation of an Endowment of $25,000 for Annual Richard P. O'Brien Award, Former Planning Commissioner (CM) — File 102 x 109 x 9-2-6 Resolution of Appreciation to Jim Coffey, Fire Captain, Employee of the Quarter for First Quarter Ending March 31, 2001 (CM) — File 102 x 7-4 x 9-3-31 Resolution Authorizing Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael; Lands of James and Anne Capon; 280 Highland Avenue; APN 016-021-61 (PW) — File 5-2-100 RECOMMENDED ACTION Minutes approved as submitted. Accepted report on Annual Filings — Fair Political Practices Commission Form 700, Statement of Economic Interests for designated employees, including Consultants, Geotechnical Review Board, Design Review Board and Cultural Affairs Commission. Approved staff recommendation: AB 1098, Planning and Zoning. Housing Senator Richard Alarcon — OPPOSE SB 27, Local Law Enforcement Funding. Senator Jim Brulte —SUPPORT NFPA Draft Regulation 1710 - OPPOSE RESOLUTION NO. 10808 - RESOLUTION OF APPRECIATION TO MICHAEL MAHONEY RE DONATION OF AN ENDOWMENT OF $25,000 FOR ANNUAL RICHARD P. O'BRIEN AWARD, FORMER PLANNING COMMISSIONER RESOLUTION NO. 10809 — RESOLUTION OF APPRECIATION TO JIM COFFEY, FIRE CAPTAIN, EMPLOYEE OF THE QUARTER FOR FIRST QUARTER ENDING MARCH 31, 2001 RESOLUTION NO. 10810 — RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND JAMES AND ANNE CAPON REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 280 HIGHLAND AVENUE, APN 016-021-61, TO THE CITY OF SAN RAFAEL AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS: 8. PRESENTATION OF RESOLUTION OF APPRECIATION TO MICHAEL MAHONEY RE DONATION OF AN ENDOWMENT OF $25,000 FOR ANNUAL RICHARD P. O'BRIEN AWARD, FORMER PLANNING COMMISSIONER (CM) — FILE 109 x 102 x 9-2-6 Mayor Boro invited Mr. Mahoney to the podium, together with Mary O'Brien, spouse of deceased Planning Commissioner, Richard O'Brien, and their two sons. For the benefit of the audience, Mayor Boro stated Mr. Mahoney had been very gracious and generous in that recently a long-standing member of the Planning Commission, Dick O'Brien, passed away and in his memory, Mr. Mahoney had contributed $25,000 to be placed in trust, so that each year the Planning Commission could honor someone who served in the spirit of Dick. Mayor Boro read part of the Resolution: SRCC Minutes (Regular) 04/16/2001 Page 2 SRCC Minutes (Regular) 04/16/2001 Page 3 "Richard P. O'Brien was a long time San Rafael Planning Commissioner in San Rafael and a very active Community leader; and Mr. Michael Mahoney has donated $25,000 towards the establishment of the Richard P. O'Brien Endowment; and Each year the San Rafael Planning Commission will present an award to a "Citizen of San Rafael who best exemplifies the traits of uncommon courage, compassion and integrity", as indicated and exemplified by Richard O'Brien; Therefore, the Council and the Mayor of the City of San Rafael express to Mr. Mahoney their great thanks and appreciation for this great service in memory of Dick O'Brien." Mary O'Brien stated she was truly grateful for Mr. Mahoney's unexpected gesture and thanked the City of San Rafael, which her husband thought of as his home town, although she reminded him constantly it was really Brockton, Massachusetts. She affirmed how much he enjoyed the Planning Commission and would not have missed a meeting even when advised by his doctors not to attend. She thanked the Council and especially Mike Mahoney. 9. PRESENTATION OF RESOLUTION OF APPRECIATION TO JIM COFFEY, FIRE CAPTAIN, EMPLOYEE OF THE QUARTER FOR FIRST QUARTER ENDING MARCH 31, 2001 (CM) — FILE 102 x 9-3-31 Mayor Boro stated that each quarter the Council, subsequent to recommendations from a group of employees, recognizes an Employee of the Quarter, and the winner for the first quarter of 2001 was Jim Coffey, Fire Captain. For the benefit of the audience, Mayor Boro stated that Jim Coffey had received a $100 check and a gold star and at the end of the fiscal year would be competing for Employee of the Year. He noted Mr. Coffey had been with the City of San Rafael for over 30 years, is a Captain in the Fire Department and does an outstanding job. Mayor Boro congratulated Fire Captain Coffey and stated that those who recommended him spoke very highly of his qualities, in particular his cooperation with other members of, not only the Fire Department, but the City as a whole. Responding, Fire Captain Coffey stated he was still somewhat overwhelmed at being chosen and conveyed that having been in the Fire Department for over three decades, he knew every employee there. He stated that from the management team to the new recruits there is a tremendous treasury of talented, educated and giving people, dedicated to what they do, and to be chosen as a representative of these people was overwhelming and humbling. He expressed gratitude to the City Council, City Manager and Fire Chief for the tribute and hoped in the future more firefighters would be in his position, as there were a lot of deserving people there. 10. INTRODUCTION OF FOUR (4) NEW FIREFIGHTERS: (FD) — FILE 9-3-31 Fire Chief Bob Marcucci stated the City was fortunate to be in a position to hire these four young men for the Fire Department, three of whom would begin functioning as paramedics; the fourth, also a paramedic for whom there is no slot presently available, would also be working as a paramedic shortly. Chief Marcucci introduced the newest firefighters in San Rafael: Firefighter/Paramedic, John Ettare - John drives Porsches and comes from Sacramento Metro Fire Department, a large organization north of the City of Sacramento with approximately 42 stations. He noted John wished to work in a smaller Fire Department and had been a Paramedic for a number of years. Firefighter/Paramedic, Bill Wasdyke — Bill started in San Diego where he was a volunteer and has been a Paramedic for four years, working in the private sector. Firefighter/Paramedic, Matthew Windrem — Matt worked with the Kelseyville Fire District for a number of years, volunteering his time as a Paramedic and Firefighter and has been a Paramedic for approximately one year. Firefighter, Richard Nettleman — Richard had the distinction of working with Skywalker Ranch and knows George Lucas. He was employed there for three and one half years and previously had worked for the Marin County Fire Department as a seasonal firefighter. It is hoped that Richard will fill the next opening for Paramedic. SRCC Minutes (Regular) 04/16/2001 Page 3 SRCC Minutes (Regular) 04/16/2001 Page 4 In welcoming the four Firefighters, Mayor Boro confirmed that they join a very proud Department and the best Fire Department in Marin County, with the best Fire Chief in the State, as voted by his peers; hence, making San Rafael the best Fire Department in the State also. (Councilmember Cohen left meeting.) Mayor Boro indicated they would take the following item out of order: 14. RESOLUTION WAIVING PLANNING DIVISION USE PERMIT APPLICATION FEE FOR MARIN GENERAL THRIFT SHOP; 1011 "C" STREET (CD) — FILE 9-10-2 x 10-2 x 10-5 Community Development Director Robert Brown, stated this fee waiver for the Marin General Thrift Shop was the first under the new Resolution. Essentially, the rationale was they are non-profit, their excess items tend to be donated to social services and the proceeds from the store benefit the hospital in its expansion and renovation efforts, all of which are of benefit to San Rafael residents. Mayor Boro stated that he had requested the City Manager put this item on the agenda for at least acknowledgement and discussion, as it was the first fee waiver since the implementation of the new set of criteria; therefore, he wanted to ensure that everyone was comfortable with it. Mayor Boro noted there were representatives present from the Thrift Shop and invited them to address the Council if they so desired. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10811 — RESOLUTION WAIVING PAYMENT OF FEES FOR THE USE PERMIT APPLICATION (UP01-05) FOR MARIN GENERAL THRIFT SHOP TO RELOCATE ITS USE TO 1011 C STREET; APN 011-205-16 AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen (Councilmember Cohen returned to meeting.) PUBLIC HEARINGS: 11. Public Hearing Re: CONSIDERATION OF ZONING ORDINANCE TEXT AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE SECTIONS 14.03.030, 14.05.020 AND 14.05.022 TO DELETE THE EXISTING DEFINITION OF "MASSAGE ESTABLISHMENT" AND PROVIDE DEFINITIONS FOR "MASSAGE AND/OR BODYWORK OFFICE OR ESTABLISHMENT," "MASSAGE AND/OR BODYWORK," AND "MASSAGE AND/OR BODYWORK PRACTITIONER," AND TO ALLOW MASSAGE AND/OR BODYWORK OFFICES OR ESTABLISHMENTS IN THE FOLLOWING ZONING DISTRICTS: FIFTH/MISSION RESIDENTIAL/OFFICE (5/M R/0), NEIGHBORHOOD COMMERCIAL (NC), OFFICE (0), AND RESIDENTIAL/OFFICE (R/0) (CD) — FILE 9-10-3 x 10-3 Mayor Boro declared the public hearing opened and invited Community Development Director Robert Brown to make the presentation. Mr. Brown stated this was a companion Ordinance to that adopted by the Council in February, 2001 which dealt with the licensing of Massage and Bodyworkers. He reported that the Massage Ordinance Advisory Committee who worked with Police Chief Cronin, identified a zoning concern, specifically to the effect that massage establishments were permitted in relatively few commercial districts, and since they obtain a majority of their referrals from medical offices and had similar impacts to those of medical and counseling offices, it was agreed that it would be logical to accede to their being in the same land use districts as medical offices. Mr. Brown stated that the proposal before Council this evening would expand the use to four commercial districts and would also adopt definitions consistent with the Ordinance adopted in February, 2001. Cathy Cheek, on behalf of Rhonda Kutter, Chair of the Massage Ordinance Advisory Committee, stated she wished to thank the City of San Rafael for making it a painless process to amend the Ordinance to recognize them as legitimate massage professionals, and also to thank Community Development Director Brown for his efforts in the zoning portion of the Ordinance. She urged the Council to pass the Ordinance. There being no further public comment, Mayor Boro closed the public hearing The title of the Ordinance was read: SRCC Minutes (Regular) 04/16/2001 Page 4 SRCC Minutes (Regular) 04/16/2001 Page 5 " AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (ZONING ORDINANCE) RELATED TO MASSAGE AND/OR BODYWORK OFFICES OR ESTABLISHMENTS (ZC 01-03)" Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1765 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 12. Public Hearing Re: Cohen, Heller, Miller, Phillips and Mayor Boro None None CONSIDERATION TO GRANT A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MARIN TAXICAB OWNERS/OPERATORS ASSOCIATION, LLC, DBA MARIN COOPERATIVE TAXI (PD) — FILE 9-9 x 9-3-30 Mayor Boro declared the public hearing opened. Lynne Ohlson, Police Department Administrative Analyst, stated she had prepared the staff report and reported that the last time a request for a Certificate of Public Convenience and Necessity was made to the Council was in 1994. This evening's request was from a new company, formed from that which was granted the certificate in 1994. Presently there are certificates for 23 Cabs operating out of the City of San Rafael; this new operation would add 8 additional cabs, making a total of 31. Ms. Ohlson stated that in the Police Department's view the standards set in the Ordinance for establishing public need and convenience are met by the application and she recommended granting the certificate to the new company. Steve Rhodes, San Rafael Attorney representing Marin Cab, stated he wanted to bring to Council's attention the fact that the application should be viewed with recognition that there is existing litigation between the applicants and Marin Cab. He stated that unfortunately, this is litigation which he felt would be escalating rapidly as there were many issues of proprietary ownership, such as names. Mr. Rhodes stated he had in his possession photographs which the Council might be interested in seeing, which illustrate that the applicants are essentially, in his view, trying to illegally take away customers from the existing company, which had been in business for many years in Marin. He thought it would be beneficial for Councilmembers to recognize the existence of this litigation as it might have some bearing on their decision. City Attorney Gary Ragghianti stated he did not believe that the fact that there was pending litigation, as described by Mr. Rhodes, would in any way effect the ability of the Council to grant the certificate as recommended by staff. There being no further public comment, Mayor Boro closed the public hearing. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10812 — RESOLUTION GRANTING A CERTIFICATE OF CONVENIENCE AND NECESSITY AND LICENSE TO OPERATE, TO MARIN TAXICAB OWNERS/OPERATORS ASSOCIATION, LLC, DBA MARIN COOPERATIVE TAXI AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 13. REPORT ON STATUS OF CODE ENFORCEMENT ACTIONS RE 16 - 20 MARIAN COURT AND 211 CANAL STREET (CD) — FILE 240 x 10-2 Lynda Ferris, Code Enforcement Officer, stated she was present to report on 16 and 20 Marian Court and 211 Canal and to answer questions regarding the conditions which were reported earlier this year at the property. Ms. Ferris stated that the report submitted to Council reflects the Code Enforcement action taken regarding these two properties. She noted some concerns were expressed by a tenant at the last City SRCC Minutes (Regular) 04/16/2001 Page 5 SRCC Minutes (Regular) 04/16/2001 Page 6 Council Meeting and a re -inspection was conducted at 16 and 20 Marian Court. At that time the two units which were vacant when the Notice and Order was closed, had been re -occupied; new windows had been installed, carpeting had been replaced and the walls had been freshly painted. The tenant who attended the previous Council Meeting had vacated that particular unit as there was a significant amount of mildew present at the time. Ms. Ferris reported that when she met with the property manager he indicated they would replace the windows and carpeting, and he was notified that it is essential to contact Code Enforcement prior to re -renting the unit, in order to verify everything had been corrected. Regarding 211 Canal, Ms. Ferris stated the compliance date was Thursday, April 12, 2001 and a re- inspection was conducted by Code Enforcement, Fire and Building staff; there are 12 remaining violations on the property and the owner requested an extension of ten days. Code Enforcement will return to the property on April 23 to verify complete compliance. Ms. Ferris stated she had been advised by the City Attorney not to comment unduly on 211 Canal as there is an ongoing investigation. Councilmember Cohen stated he was concerned with respect to 16 and 20 Marian Court in that it appeared from the nature of complaints, which had now been addressed, there was a threat of mildew. He stated that this is one case where a tenant, who was present for a public hearing on the rental issue, brought the conditions in her apartment to Council's attention, resulting in this one apartment being inspected. It appeared from the report that this apartment did, in fact, experience mildew, presumably because of the broken or malfunctioning windows. Councilmember Cohen noted the exterior had been corrected, which was the original citation, and which had led to, not surprisingly, mildew inside. This, therefore, was just one apartment which had been identified, and Councilmember Cohen inquired if the inspection was unique to this one apartment or whether inspections were being carried out at other apartments. Ms. Ferris reported that initially when the follow-up inspection was carried out in January, the windows had been replaced where there was a significant amount of damage and where they were beyond repair. She noted that Code Enforcement was limited to requesting owners to repair or replace and could not demand they replace all of the windows, and evidently, only one window had a latching problem in unit #5 of 20 Marian Court, which was repaired. Ms. Ferris noted the owners were aware it was more appropriate to replace the windows because of the surrounding weather stripping, which eliminates moisture from entering. She stated that in January, there was not so much rain or moisture and felt the problem had escalated since then; it was very evident there was mildew in unit #5 when it was visited this past week. Councilmember Cohen inquired if other units had been experiencing similar problems and if the reason this particular unit continued to have problems was because the repair was insufficient. Ms. Ferris stated they were assuming this was the reason because when she returned on April 6, the other units she visited had no evidence of mildew and these were the units which had completely new windows installed. Councilmember Cohen confirmed with Ms. Ferris that she had inspected some of the other units and had seen no indication of mildew. Councilmember Miller recollected that during the public hearing, in both of these structures there was a matter of retaliatory actions and inquired if this had been resolved. City Manager Gould stated that in working with the newly -formed San Rafael Property Owners' Association, all three cases reported during the public hearing had been investigated, and in one particular case, the property owner of 16 and 20 Marian Court had rescinded the 30 day notice and was working with the tenant to change some behavior which would allow him and his family to remain in the apartment. In the other case, the tenant had moved from the apartment complex and the issue has been fully investigated. Mr. Gould noted that in the case of the gentleman who spoke from 211 Canal, the Property Owners' Association had sought to speak to the property owner concerning the situation. They had been informed of circumstances which implied there may have been a violation of the lease agreement; discussions took place with the tenant in this regard and ways were suggested by which he could perhaps, seek to redress the matter with the property owner; however, as yet there is no confirmation that this had succeeded. Mayor Boro thanked Ms. Ferris for the report. SRCC Minutes (Regular) 04/16/2001 Page 6 SRCC Minutes (Regular) 04/16/2001 Page 7 CITY MANAGER'S REPORT: 15. City Manager's Report: (CM) Fair Housing Rental Standards: - File 13-16 x 13-7-1 City Manager Rod Gould reported that staff was recommending Mediation Services as the third -party provider for monitoring the Fair Rental Standards promulgated at the hearing, and at a meeting today Mediation Services expressed keen interest. It is hoped that a contract will be executed soon. They will then work very closely with Code Enforcement, the Police Department and other Social Service providers, together with the property owners. Pickleweed Park: - File 4-10-164 x 2-1-55 Pursuant to a not fully successful meeting last week with the Canal Community Alliance regarding the Memorandum of Understanding on the use of Pickleweed Park, Mr. Gould reported he had a conversation with Mr. Tom Wilson today and a meeting was scheduled for Friday to work further on that issue. Jake Ours, former Economic Development Director: - File 140 Mr. Gould reported he had a good conversation today with Jake Ours, former Economic Development Director, who indicated he would need to undergo some serious surgery in the coming weeks. The post- surgery prognosis is very good and he wished to convey his regards to the Council. COUNCILMEMBER REPORTS: 16. League of California Cities: - File 9-11-1 Councilmember Heller reported that the North Bay Division of the League of California Cities, which meets approximately every two — three months, this year is putting a lot of effort and interest into legislation. Representatives will be going to Sacramento in May to lobby for legislation. Sister City Chiangmai, Thailand: - File 128 Mayor Boro reported that on Monday, April 23, 2001, a party of 20 students and 15 adults, plus the Consul General and Mayor of Sister City, Chiangmai, Thailand, would be visiting San Rafael. They would meet in the Council Chambers at 3:00 p.m., tour the Library, Police and Fire Departments, culminating with a reception at approximately 4:00 p.m. at Falkirk. Mayor Boro extended an invitation to Mary O'Brien to join the party, as she was such a proponent of Sister Cities. U.S. Fish & Wildlife Service: - File 257 Mayor Boro reported that the U.S. Fish & Wildlife Service would be hosting Open Houses on May 1st at the Embassy Suites Hotel, San Rafael and another (in Novato) on May 2nd; May 1St being the one of interest to San Rafael, to further discuss the proposed mapping. Mayor Boro stated he was a little disappointed with the format as open houses tend to defuse and separate people rather than focus on issues. Unless anyone objected, Mayor Boro stated he would restate Council's concern, primarily regarding the proposed mapping re Silveira/St. Vincent's property, west of the railroad tracks, which should not be included in any mapping. There being no further business, Mayor Boro adjourned the City Council Meeting at 8:45 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/16/2001 Page 7