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HomeMy WebLinkAboutCC Minutes 2001-09-04SRCC Minutes (Regular) 09/04/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 4, 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 CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember Absent: None Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case No. C003785 City Attorney Gary Ragghianti announced that no reportable action was taken. Mayor Boro announced the City Council would go back into Closed Session at the end of the City Council Meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM Re: MHC -Contempo Marin: - File 3-2-97 x 13-7-1 Mayor Boro announced that four people wished to speak regarding Contempo Marin and in light of the agenda this evening and the fact that the Council Meeting of September 17th would primarily be dedicated to this subject, he requested that comments be limited to a combined fifteen minutes. Tom Davis, 22 Yosemite Road, Contempo Marin stated that several residents of Contempo Marin met with Mayor Boro, Councilmember Cohen and City Attorney Ragghianti this afternoon in an effort to persuade the City Council to defend the Mobilehome Rent Stabilization Ordinance. Betty Mattea, President of the Homeowners Association and he had an understanding that should they receive the needed assurance, she would speak this evening to express their appreciation; however, if they were unsuccessful, he would convey their disappointment and express determination to press on with the cause; therefore, while he was sorry to be addressing the Council this evening, he was also hopeful. He explained that their attorneys presented several powerful and persuasive arguments, which he felt confident the Mayor, Councilmember Cohen and City Attorney Ragghiantii will convey to the Council. He stated they also offered a suggestion which he hoped would be considered seriously over the ensuing two weeks and in his allotted two minutes, he would merely touch on the idea. Mr. Davis explained that it combines two concepts with which Council is already familiar: ♦ When affordable housing is built as part of a larger development, the low cost units are sold with a deed restriction, limiting the permissible resale price so those homes remain affordable to subsequent buyers; ♦ Conservation groups often purchase development rights to specific parcels of land in order to preserve them in a natural state. Mr. Davis indicated their suggestion is that an organization interested in preserving the owner occupied low cost homes at Contempo, or elsewhere, could offer to purchase appreciation rights from present homeowners on a voluntary basis, thereby preserving those specific homes into the future as affordable. This would be discussed further at the meeting of September 17, 2001. Mr. Davis stated that while watching a recent biography of Senator Robert Kennedy, he was reminded of his favorite Kennedy quote "some people see what is and ask why; I imagine what could be and ask why not." He noted that at this evening's meeting, the related but separate question of rent control would be discussed. He requested that when considering the difficult issue of providing residents with decent rental housing at a fair price, and in weighing the risks and benefits of defending Contempo Marin SRCC Minutes (Regular) 09/04/2001 Page 1 SRCC Minutes (Regular) 09/04/2001 Page 2 homeowners and the City's land use and homeowner policy against a threat posed by a wealthy corporation, Council remember Senator Kennedy's challenge. He urged Councilmembers to have the courage to imagine what "can be" and the determination, wisdom and compassion to overcome all the "why nots". William Luft, 154 Shenandoah Road, Contempo Marin, thanked the City Council for affording him the opportunity to speak and he would be brief. He indicated that Council had the option of acting fairly and justly on this issue and there had been sufficient accounting of greed and fear. Jessica Fergus, Contempo Marin resident, stated that as she would not be in a position to attend the Council Meeting on September 17t", she wished to pose a question to each Councilmember, to be answered individually at that meeting. 1. Would they find it attractive to purchase a home in Contempo Marin with the knowledge that not only would it be necessary to make mortgage and insurance payments each month, but also $1,500 per month rent, without any form of rent control? 2. Were they truly taking into full consideration that these people were homeowners first and foremost, with equity, not mere tenants? 3. Were they willing in their hearts and souls to take the necessary steps to work with constituents in Contempo Marin, and not allow their equity go to a large corporation in Chicago? Malcolm Hall, R.V. Park of San Rafael, unable to attend this afternoon's meeting, stated he presumed it was a thumbs down on the agreement and clarified with Mayor Boro that public input on the Ordinance would be heard at the meeting of September 17, 2001. He stated that should MHC prevail, they could sit on their empty lots until their requested price was realized, resulting in the demise of control. As most residents were not so young, attrition would take place; it would be selfish to disregard those coming later; therefore, he would like to see the Ordinance continue. Mr. Hall noted that the battle for those in mobile home parks in this country is that should San Rafael cave in and allow MHC to have decontrol, rents will immediately increase. The R.V. Park of San Rafael is a mobile home park; however, the owner changed the name to R.V. Park of San Rafael in the hope that he could get out of the Ordinance and the California Mobilehome Residency law. Mr. Hall reported that so far this has not been achieved and with the approach of a rent hearing appeal in October, he would avail himself of the opportunity to present his part to Council. Mr. Hall stated that the City Council, Contempo Marin and R.V. Park of San Rafael caving in now to this huge corporation would set a precedent, with other cities assuming that should Marin County, one of the richest counties in the country, be afraid to stand up against these people, they were in a similar position. He realized there could be some losses and presumed this was the rationale of City Government. On the other hand, he questioned the extent of the losses to be incurred by residents and homeowners of Contempo Marin and R.V. Park of San Rafael. To vote the new Ordinance in would result in the disappearance of a lot of property. Mr. Hall did not know what the options were; however, state laws exist pertaining to decontrol which deserve some research with a view to a defense and something not discussed was clarification regarding the Appeal of Rent Arbitration to City Council, Code 20.12.090. At this stage, Mayor Boro suggested that Mr. Hall save this testimony for the September 17 meeting. Mr. Hall stated that everyone he had spoken with wanted to support rather than attack their City and he, personally, did not wish to be a part of a suit against those who had been running the government and had written the following findings in the Ordinance: The City Council finds as follows: a) There is presently in the City and the surrounding areas a shortage of lots for the placement of mobile homes; b) Mobile homes presently constitute an important source of housing for persons of low and moderate income; c) A large number of persons living in Mobile homes are elderly, some of whom live on small fixed incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City; and d) Yee v. Escondido effectively overruled Hall v. City of Santa Barbara and the Yee opinion found that vacancy control of rents on in-place transfers of mobile homes does not constitute a physical taking of property without just consideration. For the record, Mayor Boro stated that he, Councilmember Cohen, City Attorney Ragghianti and Assistant City Attorney Guinan had a meeting today with representatives of the mobilehome park and SRCC Minutes (Regular) 09/04/2001 Page 2 SRCC Minutes (Regular) 09/04/2001 Page 3 their attorneys. They were present at the meeting to listen and not to make decisions; they had heard the requests, all of which were being considered. Councilmember Cohen stated that from his remarks, clearly, Mr. Davis' expectations for the meeting were different from what had been communicated to him, and Mr. Hall had taken something from Mr. Davis' comments which he did not believe was intended at the meeting whatsoever. Councilmember Cohen believed it was important to clear the record on this issue. He stated he was invited to attend the meeting by Mayor Boro and also by one of the tenant representatives present at that meeting. He rearranged his schedule to attend what he understood to be a discussion concerning the City's view of the lawsuit and settlement, and to receive information which the owners and their attorneys wished to share. This information he had considered, discussing it with the City Attorneys, which he would continue to do. He emphasized he did not attend the meeting in the belief that he was in any way empowered to make a decision for the remainder of the Council or to express any commitment of any kind to the owners' representatives and their attorneys. To the extent that those attending the meeting on behalf of the owners thought this would be the case and drew conclusions accordingly, was a similar mistake to his using the word tenant instead of owner. He reiterated he attended to listen and is considering the information received. Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, August 6, 2001 (CC) 3. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 4. Resolution of Appreciation to Katie Korzun, Senior Development Specialist, Employee of the Quarter for Second Quarter Ending June 30, 2001 (CM) — File 102 x 140 x 7-4 5. Monthly Investment Report for Month Ending July 2001 (MS) — File 8-18 x 8-9 6. Resolution Authorizing an Agreement with Hilton, Farnkopf and Hobson, LLC to Perform a Review of Marin Sanitary Service's 2002 Rate Application (MS) — File 4-3-306 x 4-3-32 x 13-2 7. Resolution Amending Resolution No. 10462 Pertaining to the Compensation and Working Conditions for Employees Represented by the San Rafael Firefighters' Association (MS) — File 7-8-? 8. Resolution Amending a Health Services Agreement with Marin County, Eliminating Responsibility for Housing and Hotel Inspections (CD) — File 4-13-25 x 9-3-19 x 10-2 x 240 Minutes approved as submitted. ADDroved staff recommendation: AB 196 Blood Borne Diseases. Assembly Members Correa and Matthews - OPPOSE S 997 and HR 2144 Sudden Oak Death Control Act of 2001 - Senator Boxer and Representative Woolsey — SUPPORT RESOLUTION NO. 10913 — RESOLUTION OF APPRECIATION TO KATIE KORZUN, EMPLOYEE OF THE QUARTER FOR THE SECOND QUARTER ENDING JUNE 30, 2001 Accepted Monthly Investment Report for the Month Ending July 2001, as presented. RESOLUTION NO. 10914 — RESOLUTION AUTHORIZING AN AGREEMENT WITH HILTON, FARNKOPF & HOBSON, LLC TO PERFORM A REVIEW OF MARIN SANITARY SERVICE'S 2002 RATE APPLICATION RESOLUTION NO. 10915— RESOLUTION AMENDING RESOLUTION NO. 10462 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (1 year agreement from July 1, 2001 through June 30, 2002) RESOLUTION NO. 10916— RESOLUTION ADOPTING A REVISED AGREEMENT FOR HEALTH SERVICES WITH MARIN COUNTY, ELIMINATING THE COUNTY'S RESPONSIBILITY FOR HOUSING AND HOTEL INSPECTIONS SRCC Minutes (Regular) 09/04/2001 Page 3 9. Resolution to Commend the Marin Literacy Program and the Marin County School Volunteers and Declare Marin Literacy Week (Lib) — File 102 x 9-3-61 10. Resolution Authorizing Execution of Agreement with Consultant, Steven Greenberg, to Evaluate the "Literacy in Corrections Coalition Project" (Lib) — File 4-10-327 x 9-3-61 11. Resolution Accepting the Proposal for Intranet GIS Application Services From California CAD Solutions, Inc. Not to Exceed $27,000 and Authorizing the Director of Public Works to Execute the Agreement (PW) — File 4-3-395 x 9-3-40 12. Resolution Authorizing Execution of a Joint Exercise of Powers Agreement Related to the MarinMap Project, and Approving an Expenditure of $10,000 as the Annual Fee for Fiscal Year 2001-2002 (PW) — File 4-13-109 x 9-3-40 SRCC Minutes (Regular) 09/04/2001 Page 4 RESOLUTION NO. 10917 — RESOLUTION OF APPRECIATION TO THE MARIN LITERACY PROGRAM AND THE MARIN COUNTY SCHOOL VOLUNTEERS AND PROCLAIMING SEPTEMBER 9TH TO SEPTEMBER 15TH AS MARIN LITERACY WEEK RESOLUTION NO. 10918 — RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $50,000 WITH CONSULTANT, STEVEN GREENBERG, TO EVALUATE THE LITERACY IN CORRECTIONS COALITION PROJECT RESOLUTION NO. 10919 — RESOLUTION ACCEPTING THE PROPOSAL FOR INTRANET GIS APPLICATION SERVICES FROM CALIFORNIA CAD SOLUTIONS, INC. NOT TO EXCEED $27,000 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT RESOLUTION NO. 10920 — RESOLUTION AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATED TO THE MARINMAP PROJECT, AND APPROVING AN EXPENDITURE OF $10,000 AS THE ANNUAL FEE FOR FISCAL YEAR 2001-2002 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen (from item #2 only, due to absence from meeting.) SPECIAL PRESENTATIONS: 13. PRESENTATION OF RESOLUTION OF APPRECIATION TO KATIE KORZUN, SENIOR DEVELOPMENT SPECIALIST, EMPLOYEE OF THE QUARTER FOR SECOND QUARTER ENDING JUNE 30, 2001 (CM) — FILE 102 x 140 x 7-4 For the benefit of the audience, Mayor Boro explained that each quarter San Rafael employees select an Employee of the Quarter, who is acknowledged by Council, receives a $100 check for achieving this distinction and is eligible to compete for the Employee of the Year. Each year at the annual State of the City Dinner, one individual is chosen and receives a $500 award from the City. This evening, he was pleased to introduce Katie Korzun, Employee of the Quarter, for the second quarter ending June 30, 2001. Mayor Boro stated that Katie has been a member of the San Rafael Redevelopment Agency since 1989 and the planner for a lot of the Redevelopment efforts in the City. He noted she was a very integral part of the Downtown Vision process initiated in 1989, ensuring that all of the visions were translated into ordinances. Katie is proud of the San Rafael Film Center, San Rafael Town Center, Court Street Plaza, Mahon Path and was known until recently as a "czarina of parking" in that she actually checked the vacant parking spaces in town to ascertain how the City was doing in this respect. Through her efforts and leadership, along with that of her boss, and working with the Council and the Redevelopment Agency, a new parking garage in downtown San Rafael is being planned. Mayor Boro complimented Katie on the many wonderful achievements she can be proud of, stating everyone is very proud of her and congratulating her on behalf of the San Rafael City Council. SRCC Minutes (Regular) 09/04/2001 Page 4 SRCC Minutes (Regular) 09/04/2001 Page 5 Katie Korzun, Senior Economic Development Planner, thanked the Council for giving her such good projects to work on. She stated it was an honor, and expressed appreciation for all the support received from both Council and those in the Blue House (Redevelopment Agency). Elissa Giambastiani, President, San Rafael Chamber of Commerce, stated that on behalf of the Board of Directors of the Chamber of Commerce, she was presenting Katie Korzun with a commendation congratulating her on being selected as Employee of the Quarter and thanking her for the continuing and capable assistance offered to the Chamber on all the Economic Development issues, and for her outstanding contribution to the Downtown Vision. 14. PRESENTATION OF RESOLUTION TO COMMEND THE MARIN LITERACY PROGRAM AND THE MARIN COUNTY SCHOOL VOLUNTEERS AND DECLARE MARIN LITERACY WEEK (LIB) — FILE 102 x 9-3-61 Mayor Boro stated that the Marin Literacy Program is a very important one in the community and the City is proud to be a major contributor and sponsor, noting both organizations had done well for the community and that September 9 through September 15, 2001 has been proclaimed Marin Literacy Week in the City of San Rafael. Through this proclamation, the importance of the work being carried out is acknowledged and on behalf of the entire City, Mayor Boro thanked Barbara Barwood, Marin Literacy Program and Joan Flood, Marin County School Volunteers, for their great efforts and the efforts of their organizations. Barbara Barwood, Marin Literacy Program, thanked the Council for the honor and for declaring Marin Literacy Week, stating this program over the past year served over 900 adult students with over 300 volunteers. Joan Flood, Marin County School Volunteers, thanked Council for the proclamation and explained that currently, they have 200 volunteers working in almost all of the San Rafael schools, together with schools from Sausalito to Novato. These volunteers have contributed over 10,000 hours to Marin school children and she believed one of the most exciting results of people volunteering is their desire to work in the school with the greatest need. She noted that parents on moving into an area wish to ascertain the best school for their children; conversely, volunteers request to be deployed to the school with the greatest need. This, she stated, is a unique way for people to cross geographic and generational boundaries to find ways to integrate the community. Ms. Flood stated this is growing and they appreciated the City's support. PUBLIC HEARING: 15. Public Hearing - TO CONSIDER ADOPTION OF A RESOLUTION APPROVING AMENDMENT AND RESTATEMENT OF COLLECTION AGREEMENT BETWEEN MARIN SANITARY SERVICE AND CITY OF SAN RAFAEL FOR REFUSE COLLECTION AND RECYCLING SERVICES (CM) — FILE 4-3-32VI x 13-2 City Manager Gould stated that on June 20, 1966 the City of San Rafael entered into its first Solid Waste Collection Agreement with Marin Sanitary Service. Since then, that Agreement had been amended thirty-three (33) times. Given the changes in the law, technology, regulation and community needs, he stated it is time to restate that Agreement. Mr. Gould reported that for the entire period of that Agreement, the City has received outstanding customer service from Marin Sanitary Service; there have been few complaints and the citizen surveys conducted over the past few years have indicated very high levels of satisfaction, both with garbage service as well as recycling. Moreover, Marin Sanitary Service and Marin Recycling are pioneers in recycling and waste diversion, and as Council is aware, cities and counties in California are now under a state mandate to divert 50% of the waste from landfills; however, very few of these cities are in compliance with this mandate. As a result of Marin Sanitary's excellence in recycling and diversion, San Rafael's waste diversion rate for last year stood at almost 66%, well in excess of the state standard. The same applies for the other cities and towns in the Solid Waste Joint Powers Authority. Moreover, stated Mr. Gould, the Fire Department works closely with Marin Sanitary Service and Marin Recycling to offer advanced household hazardous waste recycling services at the same location, recently including computer components. The rates charged for these services are competitive in the region and Marin Sanitary's owners have been exemplary corporate citizens, working tirelessly on a wide range of civic interests and needs. SRCC Minutes (Regular) 09/04/2001 Page 5 SRCC Minutes (Regular) 09/04/2001 Page 6 Mr. Gould stated that for the past several years conversations have taken place, on and off, with the owners concerning a new modern and enforceable franchise agreement; the company would like to see an extended term for that agreement and a self -renewing clause. Negotiations concluded this summer and the Agreement accomplishes the following for the City and public: a) Strengthens and clarifies both the indemnification provisions and modern insurance coverage language; b) Is very clear about what constitutes an "Assignment" if the company should sell or transfer ownership and how the City would consider approving or denying such an assignment; c) The term of the contract would revert to ten (10) years in the event an assignment occurs and is approved by the City; d) Clarifies the services to be provided; e) Sets a rate schedule as an attachment to the Agreement, dispensing with the need to amend it each time the rates are changed; f) Calls on the company and the City at least every five years to consider changing the Agreement to keep up with changes in law, regulation, technology and local needs; g) Sets forth what records the company must keep; h) Provision for the company to pick up, remove and recycle all solid waste recyclable materials and green waste resulting from City operations; therefore, all cans in the streets and parks would be collected by Marin Sanitary Service; i) Allows the City to dump materials at the Resource Recovery Center without charge to the City; these costs would be included in the rate structure; j) Clarifies litter control, complaint resolution and equipment maintenance provisions of the past Agreement. In return, City Manager Gould stated Marin Sanitary Service would like to see an extension of the contract, currently expiring in the year 2014, to the year 2021, for a twenty (20) year agreement. The Garbarino family, who own Marin Sanitary Service, has expressed a definite intention to retain the ownership in control of the company for the foreseeable future; nonetheless, staff felt it was wise to include language should the franchise sell. Marin Sanitary Service has also proposed an "evergreen" clause which would automatically renew the contract at the end of each year for an additional year, leaving a consistent twenty (20) years remaining on the Agreement. This has been accepted by its other franchising agencies, including the County of Marin, Las Gallinas Valley Sanitary District, Sanitary District #1 and the Town of Ross. Belvedere, Mill Valley and Sausalito are believed to have "evergreen" clauses in their contracts and San Francisco, Palo Alto, Mountain View, Cotati, Mendocino, Huntington Beach and Fountain Valley are also assumed to have "evergreen" provisions in their waste agreements. Mr. Gould reported that the company indicates the primary benefit is to allow them obtain the best bank interest rates for capital equipment requirements, which is also a benefit to the ratepayer. However, an "evergreen" clause on a long contract is fairly unusual in public administration and considered by some to be poor business practice; therefore, staff has offered two provisions from which to choose for inclusion in the new franchise agreement: 1) Extend the term of the agreement for a period of five years at the end of each five-year period; therefore, the twenty-year Agreement on reaching fifteen years would automatically extend back to twenty years, unless the Council gave notice to the contrary. This would give the City a little more prerogative over the ultimate term of that agreement; 2) This second alternative is that which is preferred by Marin Sanitary Service. It provides for the automatic extension of the franchise agreement by one year at the end of each calendar year, commencing in 2001, unless either party gives sixty (60) days notice. This is the language it has received from the other franchising agencies, with the exception of the City of Larkspur. City Attorney Ragghianti had provided advice and review of this proposed agreement and City Manager Gould stated it should be borne in mind that it only applies south of the hill; north of the hill is the Las Gallinas Valley Sanitary District. SRCC Minutes (Regular) 09/04/2001 Page 6 SRCC Minutes (Regular) 09/04/2001 Page 7 Mr. Gould reported the City is working, with others, to develop a new rate -setting methodology to be presented at a subsequent meeting, and is the reason for the blank attachment. Should Council concur, Mr. Gould requested clarification as to which of the extension provisions should be contained in the final contract. Mayor Boro declared the public hearing opened, and invited representatives from Marin Sanitary Service to address Council. Patricia Garbarino, San Rafael resident and President of Marin Sanitary Service, began by thanking City Manager Gould for his compliments to the company she represents and for the service it provides. She introduced Marin Sanitary Service attorney, Hadden Roth, cousin Dave Garbarino, Vice -President in charge of operations, Joe Garbarino, Sr. and Joseph Garbarino, Jr., Chairman of the Board. Ms. Garbarino requested that Council consider the twenty-year (20) renewable term. This, she stated, would allow them to provide evidence to their lenders that this company continues to be a good investment. The renewable term provision provides them with long-term stability which will allow Marin Sanitary Service to negotiate much more attractive financing, translating into lower rates for customers. She stated they believe they provide the best comprehensive garbage service in Marin, and possibly the state; the investments to make the recycling rate of 70% happen, result in them owing $16 -million to the bank, with their homes as personal guarantees. This change in the contract does not have to mean forever, in that the City has the right to cancel and allow the contract to expire at the end of the term. Furthermore, should the company fail to perform its obligations fully, the City has the right, as it has now, to cancel the contract. She indicated that this change does not preclude the Council from renegotiating any aspect of the service provided; the power and control over the service remains in the hands of the City of San Rafael. Rates are reviewed and negotiated annually and should the contract be assigned, which Ms. Garbarino did not anticipate ever happening, it would revert back to a ten-year (10) term and the renewable term would be withdrawn. Ms. Garbarino stated the four family members present this evening represent 160 years of proud hauling services and are grateful to be in San Rafael and before Council this evening. Following on the recycling services mentioned by City Manager Gould, Ms. Garbarino stated she has been with Marin Sanitary Service for fourteen years. In attending her first conference on recycling, at which the lawyer who wrote AB 939 spoke, her father inquired as to how he could write a law without any end markets, as it would completely stifle all of their recycling efforts. Ms. Garbarino commented that her father was endeavoring to convince the attorney his law was flawed. However, the very calm, poised lawyer responded "Mr. Garbarino, I based that whole law on your operation". Ms. Garbarino indicated that the present state law is based on the model her father, Joe and their partners at the time, provided. Councilmember Cohen requested that Ms. Garbarino, President, Marin Sanitary Service, comment further on the difference, in her view, between the two proposals for the automatic extension, and the impact. Ms. Garbarino stated that as they see it, in legal terms, the twenty-five year agreement as proposed by staff equated to a five-year agreement, as opposed to the agreement her company is requesting, which is a twenty-year agreement. Their concern is that at the end of five years the contract could potentially go out to bid, whereby they would be competing against the large conglomerates which presently own the landfill, placing Marin Sanitary Service at an unfair disadvantage. These companies can capitalize their equipment operations and purchasing in other towns and cities, or sell stock, unlike Marin Sanitary Service. There being no further comment from the audience, Mayor Boro closed the public hearing. Councilmember Cohen requested City Attorney Ragghianti to comment on the difference in these two sections concerning the renewal. City Attorney Ragghianti stated that Ms. Garbarino had explained their impact to the company. As far as the City of San Rafael is concerned, he believed the staff report sets forth the two alternatives. In terms of assessing the legal effect of one or the other, he had remarked to the City Manager on several occasions in the draft process, that from a strictly legal standpoint, there was no significant impact. Mr. Ragghianti stated he was very familiar with the negotiations which took place at the County of Marin with regard to this particular "evergreen" clause, and believed the fact that they have been adopted elsewhere is indicative of the lack of any significant legal problem. Alluding to City Manager Gould's remarks that these are fairly unusual in public administration, Mr. SRCC Minutes (Regular) 09/04/2001 Page 7 SRCC Minutes (Regular) 09/04/2001 Page 8 Ragghianti stated this may well be honored in the breach here in Marin County as they seem to have been adopted by many other jurisdictions. He added he had no legal problems with either the twenty or twenty-five year agreement. Councilmember Cohen stated he did not interpret the five-year proposal to be a five-year re - opener, yet clearly, the company is concerned that there is a legal issue which might allow it to become a five-year re -opener, and he could understand and appreciate their concern in this respect. He was, therefore, seeking clarification, as it was not clear why the impact of the language is interpreted differently, and perhaps it would be appropriate to invite Mr. Roth, Attorney for Marin Sanitary Service, to comment. Hadden Roth, Attorney, clarified that should the five-year extension not be allowed, fifteen years remains, repeating the process should the next five years not be allowed, resulting in ten years remaining, and so on. Councilmember Cohen stated the other proposal has a similar effect; however, occurring every year rather than five. Therefore, at twenty years, should some future Council give sixty days notice, rather than an automatic succession, nineteen years would remain, repeating this process yearly. He stated that should a future Council, for some unforeseen reason, decide to eliminate the automatic extension, it was his understanding that one would step down in one-year increments over a period of twenty years, with the other stepping down in five-year increments over a period of twenty years. Provided no Council takes an action to cancel the automatic extension, the company has a twenty-year contract. He confirmed with Mr. Roth, Attorney for Marin Sanitary Service, that at the end of 2006, it is automatically extended, unless the Council takes action; therefore, there was little difference between the two. City Manager Gould stated it was good organizational and contractual practice to revisit such a major contract every five years, and this is what is called for in the agreement. Mr. Roth, interjecting, stated that in their contract, this could be done yearly. City Manager Gould stated he was unsure if Marin Sanitary Service would wish to renegotiate the contract on a yearly basis and Mr. Roth clarified that it makes provision for this. Mr. Gould suggested that every five years the agreement be evaluated to ensure it is working to all parties' satisfaction and should this be so and Council does not give notice, it automatically extends back to the twenty years which Marin Sanitary Service seeks. Mr. Roth reiterated that under their plan, this would take place yearly, with the provision for review every five years built into the contract. Mayor Boro stated it was his understanding that both approaches accomplish basically the same, except from Marin Sanitary Service's point of view, a plan which would be reviewed annually, with potentially a twenty-year renewal, is more favorable to them in the operation of their business and in their ability to borrow money, resulting in lower rates. In theory, should it be subject to a review every five years rather than yearly, questions may arise. To be assured at the beginning of the year they have nineteen or twenty years remaining, as opposed to after five years realizing they have fifteen, or twenty, seemed to be their preference. Mr. Roth confirmed San Rafael has the right to review each year should they so choose. Councilmember Cohen reiterated that he did not see much difference between the two and understood the company's concern to have a rolling twenty-year agreement. It did not appear, however, that with a five-year review there would be the opportunity to revisit the agreement, there would, however, be the possibility every five years to reject the extension. Mr. Gould stated there is a separate provision which calls upon the City and the company to meet and consider appropriate revisions to the franchise agreement at least every five years. Councilmember Cohen confirmed that this applies regardless of which alternative paragraph is selected. Mr. Gould indicated it gives the City a little more leverage if simultaneously, the extension back to twenty years is being considered. Councilmember Cohen confirmed this is a four-year difference; there could be a five-year review and not come to agreement on some change the City felt was necessary and the company was unwilling to consider. Mr. Gould confirmed there would be fifteen years to go on the contract, and Councilmember Cohen stated or nineteen years would still remain on the contract. Councilmember Heller indicated her first impression was that the advantage was in the first alternative; however, she understood the company's concerns. She alluded to an error on page 9, Sections (2) and (3) of the Agreement, which should read: "Joseph John and Sally Garbarino" and not "Joseph, John and Sally Garbarino". Mr. Roth, Attorney, concurred. Commenting on the Agreement, Councilmember Miller recalled it containing approximately seventy pages at the outset and to be reduced to a concise thirteen -page document is a feat and a sign of good government. He was impressed with the results of the agreement, which he believed to be very favorable to the City, and with the alternative section 2 c, is also very favorable to the SRCC Minutes (Regular) 09/04/2001 Page 8 SRCC Minutes (Regular) 09/04/2001 Page 9 company. He favored alternative 2 c., the Evergreen Clause, which he saw in terms of a reward to the company, and being a small company, would provide an advantage. Mr. Garbarino confirmed for Councilmember Miller that 70% of refuse collected is recycled, with 30% going to landfill and he was not aware of anyone in this state who could make a similar claim. Councilmember Phillips favored the Evergreen Clause, primarily as there was benefit to be seen, not only to the company, rather also to the citizens of San Rafael. To the extent that the company can better operate efficiently and economically, the citizens through the rate process also benefit. He noted Marin Sanitary Service supported the City and the City should in turn support their exemplary efforts. Referring to page 2, section h. in the staff report, Councilmember Phillips stated he was assuming there was no implication that the records are inadequate for rate -setting purposes, rather this is a further enhancement. City Manager Gould stated the current agreement is virtually silent on what records need to be kept; therefore, this is a clarification of what the company will provide regularly for audit or inspection, which is good practice. Mayor Boro commented that this company is a good example of a good corporate citizen in the community; not only are the owners and operators of this company involved in the community, rather they also provide tremendous services, namely recycling; however, he was most impressed with the fact that they continue to identify new endeavors. San Rafael is one of the few locations in the country where it is possible to dispose of hazardous waste, and recently computer recycling has been initiated. Mayor Boro stated that Marin Sanitary Service continues to enhance the whole concept of waste disposal in a positive manner, which benefits the community as well as the company. He saw their request as reasonable and would support it. Councilmember Cohen echoed the comments made and noted from the staff report that not only does the City receive a service for constituents which is cutting edge, but they deliver consistently outstanding customer service in every aspect of what they provide, as evidenced by the study commissioned, not by the company, but by the City, which confirms achieving an 89% satisfaction rate on garbage collection and 88% on recycling services, outstanding marks which everyone should aspire to. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution, to include the annual extension, the alternate paragraph c. under Section 2. RESOLUTION NO. 10921 — RESOLUTION APPROVING AN AMENDMENT AND RESTATEMENT OF A SOLID WASTE COLLECTION AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE (TO INCLUDE THE "EVERGREEN" CLAUSE) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. OLD BUSINESS: REPORT AND RECOMMENDATION REGARDING RISING RESIDENTIAL RENTS AND THE VOLUNTARY FAIR RENTAL PRACTICES INITIATIVE (RA) — FILE 13-16 x 13-7-1 Economic Development Director Nancy Mackle stated that several months ago the issue of Rising Rents was discussed before the City Council and a course of action was laid out which staff and other members of the community could take to address this issue. Staff this evening would report on progress, discuss what had been done and what needs to take place to address the issue. Rather than expand on the details in the report, in the interest of time, Ms. Mackle stated she would highlight them. Reporting on progress, Ms. Mackle stated the Redevelopment Agency is purchasing apartments with BRIDGE Housing and have secured 26 units on Belvedere Street, 40 units on Fairfax Street and in addition, Canal Community Alliance purchased 8 units, making a total of 74 additional affordable units. Code Enforcement has been improved as laid out in the staff report of several months ago and there is an agreement with the County, approved this evening, for revised health services. Interviews are taking place for two new Code Enforcement Officers and onsite management will be enforced. SRCC Minutes (Regular) 09/04/2001 Page 9 SRCC Minutes (Regular) 09/04/2001 Page 10 Ms. Mackle reported on supporting Legal Aid's application for a tenant organizer, which position has been funded. She indicated that on the last occasion, staff addressed a rental standards ordinance and subsequent to a lengthy discussion and analysis, it was recommended, and approved by Council, not to proceed, rather instead to give the property owners an opportunity to move forward with their voluntary proposal of Fair Rental Practices. To date, as part of the Fair Rental Practices, the City has a contract with Mediation Services, who have set up a phone line to take calls and complaints, following up on these complaints. This evening, Barbara Kobb and Sandra Shartzer were present to present a short discussion of their process and how they are handling the calls. Legal Aid has set up their office for the tenant organizer, Jessuina Perez Teran, who is present this evening and would make a presentation, along with some tenants. Al Aramburu, representing the property owners, is also present; an additional 45 units had signed on to the voluntary agreement and the property owners are working on having the agreements posted. They were present to discuss what additional steps will be taken over the ensuing month or so. Ms. Mackle stated that it took some time to get the contract with Mediation Services; however, once it was up and running, they began tracking the calls and reported having received 54 calls since July 3, 2001, mostly on rent increases and evictions. She indicated that with more outreach and the posting of the voluntary agreements, there may be some more calls received over time. She reported hearing of rent increases and observing some softening in the market due to the change in the economy. A rental survey will be conducted which will provide a better sense of where those rents are in all types of housing. Ms. Mackle stated staff's recommendation is to allow this process further time and return in December to report on additional steps and progress from the property owners, together with information from Mediation Services on the types of calls being received and how they are resolved. She indicated that three groups wished to make presentations, together with additional property owners and tenants. In advance of members of the public speaking, Mayor Boro invited representatives from Mediation Services, the Tenants Organization and the Property Owners to address the Council, to be followed by Mr. Coleman Persily and Mr. Sam DiGiacomo. Barbara Kobb, Mediation Services, thanked Council for the continued support of their service and involvement in the collaborative effort to assist the tenants of San Rafael. She reported having had a fairly longstanding supportive relationship with the City. Mediation Services receives approximately 18,000 intakes per year, the majority of which pertain to housing issues for people across the county, with San Rafael representing a large amount of tenants and landlords. She deferred to Sandy Shartzer who is administering the San Rafael Fair Rental Practices. Sandy Shartzer reported she was hired utilizing the money generously given by the City to Mediation Services, to track and assist tenants and landlords with the new Fair Rental Practices program and she distributed copies of their Intake Form, albeit a work in progress. She indicated that the staff report includes a summary of calls received through August 7, 2001 and of those, 35 were for advice only, 6 were mediated, 4 requested mediation and 7 are pending; however, in the ensuing week 2 of those pending have become requests for mediation. In the past week, an additional 12 calls were received. Ms. Shartzer stated that the number of calls is on an upward swing, with more calls being received from Spanish speaking tenants, and they ensure a bilingual person is available. She indicated her agency has received substantial I.J. and Newspointer publicity; however, they do need more to ensure a wider awareness of the telephone number (507-2834). She confirmed however, that Mediation Services has been conducting landlord/tenant advising for twenty-one years. Councilmember Miller inquired how many of the complaints received were referred to the San Rafael Tenants Association. Ms. Shartzer did not have a breakdown with her. She pointed out that when they began answering calls, the Tenants Association did not have a telephone number and, in fact, the only number they had was Jessuina Lopez Teran's home telephone number, to which they did not wish to refer tenants. Now that Ms. Lopez has an office telephone number, they are in a position to refer more. She explained they endeavor to give this option to everyone; however, it is only counted as a referral if the caller expresses an interest and plans to call. SRCC Minutes (Regular) 09/04/2001 Page 10 SRCC Minutes (Regular) 09/04/2001 Page 11 Councilmember Miller sought clarification as to how many actual referrals there were and as Jessuina submitted her home telephone number, he did not understand why it was not used for referrals. Ms. Shartzer stated she did not have the actual number of referrals with her, rather the types of complaints received. Barbara Kobb, Mediation Services, stated everyone who calls is apprised of all their options. Understanding this, Councilmember Miller reiterated his inquiry as to how many calls had been referred to the Tenants Association, and as Jessuina had given her telephone number to Mediation Services, he questioned why this had not been honored and referrals made to her. Ms. Shartzer stated this was honored; however, Councilmember Miller sought clarification as to why referrals had not been made to Jessuina at her home. Ms. Shartzer stated it was difficult getting in touch with Jessuina at first and when finally they did, the pros and cons of whether she should have telephone calls at her home were discussed. Of the six cases which went to mediation, Councilmember Phillips inquired as to the outcome. Ms. Shartzer stated they have a database and should there be additional information required for the next meeting, they can break this down. She believed they had received written agreement in all six of those cases, meaning they were resolved amicably between the landlord and tenant. Councilmember Phillips stated that to the extent this information could be shared, he would be interested in receiving it. Ms. Shartzer stated they could share the fact that there was an agreement; however, the details remain confidential. Councilmember Phillips stated he would appreciate receiving some sense of the outcome of mediation. Ms. Shartzer stated this could be done in the interim if necessary; however, Councilmember Phillips agreed next time would be sufficient. With six cases presently, Mayor Boro suggested it would be helpful to know what percentage is working. Ms. Shartzer stated this is what went to mediation; however, it was a little more problematic deciding what works, as sometimes information is all that is required. Mayor Boro stated he would be interested in knowing whether someone having approached mediation had reached an agreement which both parties could support and whether this was done via mediation or clarification was not important. Barbara Kobb stated her agency had been conducting mediation with landlords and tenants in the City of San Rafael for a long time. The difference now was that they are tracking and referring people out and apprising them of the existence of this collaborative program; however, they take their lead from what the caller chooses to do. Mediation Services conveys all the options available and should they choose to opt merely for advice and attempt a resolution themselves, this is respected. Should they choose to mediate, a Request for Service form is sent and mediation is pursued. Should they choose to contact Code Enforcement or Jessuina, this information is imparted. Ms. Kobb stated that the only difference now is the collaborative effort which has a definitive referral source. Ms. Shartzer stated that one of the reasons for the difficulty in answering the question is that people are not referred in the sense that they are sent anywhere, rather they are given the information regarding their options and they proceed from there. This applies to the owners also. For purposes of clarification, Councilmember Cohen inquired if Mediation Services tracks situations where a tenant believes mediation would be of assistance but the landlord is unwilling. Ms. Shartzer stated this could be done, adding that since the initiation of this particular segment for San Rafael, they had not had such a case. Noting that when taking calls from tenants Mediation Services take their lead from the request, Councilmember Cohen inquired if they are encouraged to consider mediation as an option. Responding, Ms. Shartzer stated they begin with the caller's perception of the situation and should information be the sole requirement, mediation is not offered and is not recommended in all cases. However, if it appears there is a dispute which could be resolved with mediation, they do try to sell the service. Councilmember Cohen stated he would like to see more emphasis placed on the availability of this avenue, tracking the success, or otherwise over time, as this is one means of ascertaining whether this approach to the problem will have any impact. Ms. Shartzer stated she understood the Council and City have need of certain information, as have the Owners Group and the new Tenant Advocacy Group; however, this was an added element for Mediation Services, and meeting all of these needs simultaneously was difficult each time a telephone call is received. She indicated they were improving and learning in the process. Al Aramburu, Governmental Affairs Director, Marin Association of REALTORS, having worked with the Council, City Attorney and Staff over the past seven — eight months, thanked all concerned. He recognized that a great deal had been accomplished and from his standpoint, the report is fair and SRCC Minutes (Regular) 09/04/2001 Page 11 SRCC Minutes (Regular) 09/04/2001 Page 12 accurate. Subsequent to his remarks, Mr. Michael Burke, Frank Howard Allen Realtors, would discuss some figures and he believed Council would be encouraged by Mr. Burke's comments. Mr. Burke is a Rental Property Specialist and had been working over the past week to present some good figures. Mr. Aramburu stated that over the past few months the form had been redesigned to include Mediation Services telephone number and a phrase required by law which refers to maintaining buildings in a safe condition, and presently they are in the process of having a Spanish translation. These new forms should be available for use within the next thirty — sixty days. He reported his group had been working with Mediation Services for the past several months, assisting with the development of a database of landlords, and the figures are derived from this automated process. They also had been working to procure a significant number of new landlords to sign the Volunteer Agreements, which Mr. Burke would discuss. Mr. Aramburu reported that some discussion took place at the Board of Realtors' Board of Directors Meeting regarding supporting this specific ordinance and subsequent to legal opinion, the concern was that the 10% could be construed as price fixing. The Board on August 28, 2001, unanimously passed the motion with two main points: 1. Opposing rent control as is generally understood in terms of a real rent control; 2. Very supportive of a voluntary effort such as this. Mr. Aramburu indicated that new people had been signed on to work with the association and Vince DiMartini, Landlord Law Specialist had assisted. Commenting on the staff report, Mr. Aramburu stated that he had received a faxed copy of new housing construction and year-to-date comparisons by county which depict Marin almost dropping below the horizontal axis. This, he stated, is a supply problem and he applauded San Rafael's efforts; Novato is the only other partner providing housing, with Larkspur possibly having some opportunities shortly. Mr. Aramburu stated that Mr. Burke would address the fact that rents have stabilized because of market conditions. He complimented the City Council on allowing a voluntary program to work with the market forces to achieve an equitable market rental rate. He pointed out that of all the complaints received in two months, only one pertained to a landlord who had signed a Fair Rental Practices Form and this was not for a rent increase. Mr. Aramburu stated this program has worked and he expected continued acceleration of efforts. Michael Burke, Real Estate Agent, Frank Howard Allen, stated he had specialized in the sale of Marin and Sonoma County apartment buildings for the past twenty-eight years. He was part of the original group, which included Al Aramburu and many other real estate professionals and San Rafael apartment owners, who initiated the volunteer Fair Rental Practices Owner concept. Since the presentation of the owners' signatures to the City in March, he had not been part of signing up additional owners; the task was taken up by a new volunteer San Rafael Property Owners Group. He indicated that last week, Al Aramburu approached him to ascertain through his client contacts, if he could assist in signing up additional owners and work with him and the City to ensure that the Fair Rental Practices Owner concept works. Mr. Burke reported there are 425 buildings in San Rafael which contain four or more apartments and going into last week seventy-nine different buildings had signed on to the program, approximately 19% of the total market. Over the past week he succeeded in adding more names to the list and sought Council's permission to read the list. Address Units Address Units 214 Bayview 10 202 Laurel Place 5 200 Mission 4 430 First Street 14 241 Union Street 12 407 First Street 9 9 Warner Court 4 15 Warner Court 4 190 Park Street 8 633 Mission 7 204 Marin Street 5 155 Nova Albion 30 1012 Mission 14 55 Fairfax St 40 2017 51" Avenue 4 41-47 Harbor St 4 42 Los Ranchitos 37 3 Treanor Street 4 1722 Lincoln 13 1470 Lincoln 6 12 Laurel 5 1356 Lincoln 6 411 C Street 5 15 Charlotte 5 SRCC Minutes (Regular) 09/04/2001 Page 12 Address Units SRCC Minutes (Regular) 09/04/2001 Page 13 Address 1563 Lincoln 23 280 Merrydale 61 Canal Street 20 65 Canal Street 275 Canal Street 17 38 Warner Court 45 Louise Street 4 195 Nova Albion 175 Nova Albion 31 55 Canal Street 65 Fairfax 20 37 Woodland 7 Merrydale 8 1358 Lincoln Avenue 1553 Lincoln Avenue 18 1710 Lincoln Avenue 1713 Lincoln Avenue 28 3550 Redwood Hwy. 16 San Pablo Ave. 18 2 San Pablo 515 D Street 36 1400 Lincoln Ave. These, he reported, are in addition to those in the staff report. Units 28 20 4 41 20 4 11 9 34 8 9 Mr. Burke stated that with these additional properties, the total now stands at 133 out of the 425 total. To date, almost one-third of all San Rafael apartment buildings containing four units and above, have had their owners sign on to be a volunteer Fair Rental Practices Owner. For the benefit of the audience, Mayor Boro invited Mr. Burke to give a short recap on what was provided to Council with respect to the number of advertisements in the Marin Independent Journal and the adjustments in the rents taking place. Mr. Burke stated he had been conducting a rent survey for his clients for Marin and Sonoma counties since 1992 and prepared from that data the Marin County and San Rafael averages from 1995 on, to illustrate the status of rents, and more importantly, to correlate to vacancies, the number of Apartment for Rent Advertisements which appear in the newspaper. The basis of this rent survey is the Marin Independent Journal Sunday "For Rent" advertisements and is a very simple average of those rents; however, over time, it depicts a definite accurate trend. Mr. Burke stated that in 1995, rents were rising both in the County and San Rafael at 1 — 3%. There were at that time an average of 161 advertisements in any given Sunday newspaper. From 1995 to 1998- 9, those numbers of "Apartment For Rent" advertisements diminished dramatically and as the supply depleted, rents rose significantly, peaking in 1998 with increases close to 20% per year, on average. This peak has fallen off substantially, although rapid increases remain. Mr. Burke stated he had broken down the last four quarters, and last two months individually, to illustrate the changes which took place in the past three months. He explained that in the third quarter of 2000, the given advertisements in the Sunday Newspaper was at a low of 40 for all of Marin County. This past Sunday, this figure was 169, above 1995, and confirms that the market has changed dramatically. He stated there is supply back in the market place and while not inferring that rates are falling, they have stabilized in the past few quarters, and the advertised rents have taken a dip. Elissa Giambastiani, President, San Rafael Chamber of Commerce, agreed with staff's analysis and recommendations and believed the voluntary agreement should be given more time. She was impressed with Mr. Burke's endeavors over the past week in enlisting additional properties to sign on. The Board of Directors is scheduled to meet next Friday to discuss the Chamber of Commerce actively joining the efforts of the Marin Association of Realtors, to increase the number of units covered by the voluntary agreement; therefore, she was anticipating having additional staff to work on this effort. Ms. Giambastiani stated the solution is to build more affordable housing and the City of San Rafael is the leader in the county in creating affordable housing. She reported the Chamber of Commerce will report on efforts to create a trust fund for affordable housing and hoped the major employer groups would be in a position to achieve some progress shortly. In October, a Housing Action Caucus will be convened. They have identified 28 groups which have the creation of affordable housing somewhere in their Action Plan, and the Chamber of Commerce will convene representatives from these groups to ascertain whether a shared strategy for affordable housing can be developed, thereby, all will be working together towards a mutual goal. She expressed a wish that some of those in attendance this evening could be in the audience when the Chamber is supporting the City Council and endeavoring to create additional affordable housing. She encouraged residents to attend Council Meetings in support of these efforts and urged more time be given to this voluntary effort. Jessuina Perez Teran stated it was a pleasure to be present to address the voluntary agreement issue and to express her dissatisfaction with the report, which she did not believe to be fair. The City of San Rafael is not merely composed of property owners with deep pockets, rather it includes SRCC Minutes (Regular) 09/04/2001 Page 13 SRCC Minutes (Regular) 09/04/2001 Page 14 renters, those who work and have to pay the rent and the increases. She indicated it is the duty of government to consider everyone, not just one group. She reiterated Al Aramburu's words to the Marin Independent Journal, "the power of persuasion certainly does more than the power of legislation" and stated the power of persuasion had not done much for him, as 45 units in five months is a shame. She stated it would take approximately 81 years for the property owners to be in a position to include every unit at this pace. Mr. Burke's rush to obtain additional voluntary agreement signatures was similar to what was done in February and April to avoid having to deal with the issue of rent control or housing crisis. She believed this issue would not disappear, rather it was one which each Councilmember had to deal with to find a solution, instead of passing it to mediation. She explained there are situations which cannot be mediated, as should a tenant receive a $300 rent increase, they do not have the power to mediate this issue. Ms. Perez Teran indicated she did not believe the voluntary agreement was ever negotiated in good faith. By the time it came to the tenants' table, it was a done deal. Not one suggestion from the tenants was ever included or considered and no response to the proposal given to the property owners was received. This confirms for her that there was no intention to allow input from tenants, rather it was a step to indicate negotiations were taking place with tenants, which meant nothing. She requested that if nothing was taken into consideration as a result of meeting with the property owners and the City, her time not be wasted as she had sufficient work to do in organizing tenants. Ms. Perez Teran stated she would like to believe that the voluntary agreement could work; however, in her opinion, it was a non starter. There is a flat line from day 1 when 1,346 units were reported to be included in the voluntary agreement; her personal audit, however, revealed 1,188. She stated that it should be borne in mind that commercial property was included in the initial audit, together with one building from Novato. She also believed there were some houses which were owner occupied; however, this she could not prove. She suggested the City Council investigate this and was leaving a copy for distribution. Regarding the issue of her telephone number, Ms. Perez Teran stated she did not understand why Mediation Services did not use her home telephone number. It was raised in the meeting with City staff, property owners and Mediation Services, when she indicated she had no problem with people calling her at home, as this had been done for quite some time, yet Ms. Shartzer stated they would not release her home telephone number. She stated it was difficult for her to understand or believe that the wishes of the tenants calling would be honored, when her request was not taken seriously. She stated Mr. Aramburu indicated it would take 30 — 60 days to translate the simple form from English to Spanish; she offered her services at 20¢ per word and she could have it on his desk tomorrow. With regard to notifying tenants of the voluntary agreement, she recalled the suggestion of a renter at their July 26 meeting, to the effect that rather than waiting for the fancy posters to be placed on each building, the property owners should make a copy of the signed paper and send it to each tenant, similar to what is done when the rent is to be increased. She reported that note and concern were taken, however, no action ensued and this is indicative of a lack of good faith. She believed deals were taking place behind closed doors, with those concerned not being considered. Ms. Perez Teran stated she did not expect the signs to be posted before November. With the report due in December, it would then be inferred that as the signs were posted just one month ago, a further three months would be needed to ascertain how it is working, which she believed to be a delaying tactic. She indicated the issue will not go away as she would ensure it remains. To her, the fundamental questions are: what can the City Council do regarding the housing crisis? do they have the political will to do it? and most importantly, the courage? Coleman Persily commented on the beautiful reports from Mediation Services, Mr. Aramburu and the Real Estate people; however, they were not addressing the point. He and the City Council were cognizant of the fact that the voluntary agreement was not working. He was aware of landlords who signed the agreement and did not comply with it, as it was not compulsory. Mr. Persily also reported that a lot of the property owners who recently signed up have already obtained their rent increases, hence they were quite willing to sign. Mr. Persily inquired as to the reason for not responding to the pleas of tenants. Rents for residential and business tenants were way out of proportion and he did not understand the attitude of the Chamber of Commerce in not supporting rent control for business people, when small businesses are forced to cease because of rising rents. The low vacancy rate in the City is evident, many working people, City employees and others on low income cannot afford to rent and because of these high rents, businesses cannot acquire employees; therefore, the "Help Wanted" signs do not disappear. This, stated Mr. Persily, is where the Chamber of Commerce comes in. He noted that high rents prevent people from purchasing from local merchants and questioned why this is allowed SRCC Minutes (Regular) 09/04/2001 Page 14 SRCC Minutes (Regular) 09/04/2001 Page 15 to persist. He refused to believe landlord campaign contributions was at issue Mr. Persily, realizing he may appear fanatical, stated he could not understand why a rental emergency and moratorium on future rent increases was not declared. Sam DiGiacomo, Co -Chairman, Tenants Association of Marin, commenting on previous statements this evening, stated the Chamber of Commerce should support some type of rent control measure, as this puts more money in the hands of tenants who will subsequently purchase goods. Regarding mediation, Mr. DiGiacomo stated that in 1980 and 1981, he was evicted from Novato in a no -cause eviction and there remains no just -cause eviction Ordinance in San Rafael, or any other city in Marin County. He explained he was the poster boy, being the first client to approach mediation in an effort to mediate between his landlord and the eviction notice. He commented that this avenue did not work then and would not now, as each time they failed in allowing him to retain his apartment in Novato. He moved to Fairfax Street in San Rafael and contested the 1981 and 1983 City Council Elections, Rent Control being on the ballot in 1981. This, he stated, was more than any City Council had done in the past twenty years. In Mr. DiGiacomo's opinion, mediation was another disappointment to an already traumatized tenant. Mr. DiGiacomo stated that a worthless agreement between the City and apartment owners was presented in an effort to confine rent increases to an annual 10%; however, as the City Council heard at the previous meeting, this agreement is not working. The City needs no more studies and committees with endless meetings; this is the correct time to solve the out of control high rent increases. He noted the problem is more severe presently than one month ago as it is evident the economy is going in a negative direction. The money from each rent increase by apartment owners is removed in most part from the local economy, resulting in $200 - $300 per month definitely not being spent in this City. Mr. DiGiacomo stated that the Chamber of Commerce and all businesses should support some form of rent control as lower rents allow each tenant more dollars to spend on the local economy. He noted that each month the rent or house payment is the primary item in a budget and should this be out of balance, the entire budget is out of balance. He was aware that in the next few months, most people would receive a check from the government for $300 - $600 and he believed this money should go to the local economy, as was intended, and not towards high rents to be taken elsewhere. Regardless of political feelings, this money was advanced to taxpayers to stimulate the economy and he requested the City Council assist renters to retain more of their own money to help the local economy. Dorothy Vesecky, 400 Canal Street, stated the report from Mediation Services was somewhat disturbing. She understood from a meeting with the landlords and City Manager that there would be a non -partial reporting process, where information would simply be taken and options and telephone numbers conveyed. It disturbed her to hear the phrase "yes, we are selling mediation". With due respect, Ms. Vesecky stated they are not supposed to be selling anything, rather furnishing information, with no bias towards any option, and she believed that with two parties with substantial differences in power, mediation is probably not going to be of assistance to the person with less power. In this case, tenants do not have nearly the legal rights of landlords and having gone through mediation, while they may imply it is fine, they are not happy. Regarding those who had signed the voluntary agreement, Ms. Vesecky stated this list should be assessed to delete those who should not be there - Novato for instance. Regarding the comments that 30% of the buildings had signed up, she explained that 30% does not necessarily equate to 30% of the units. This percentage could represent relatively small buildings, while 70% of the buildings with 50 — 100 units may not have signed up. Regarding Mr. Aramburu's remarks that no complaint regarding rent increases by landlords signing the agreement had been received as a result of the Marin Independent Journal and Newspointer articles, Ms. Vesecky pointed out that of the articles appearing in the I.J. and Newspointer, not one had listed any of the signatories, and furthermore, not everyone reads the I.J. She reported that not one single landlord, since the initiation of the program, had conveyed to any tenant that they had signed the agreement; therefore, tenants were not in a position to complain as they were unaware of the agreement. Referring to the recent flurry of signups, Ms. Vesecky hoped it would continue; however, she believed it was merely a public relations gesture. The first signups were timely for the meeting of April 2, 2001, with nothing until this present meeting. She inquired when tenants would be informed that their landlords had signed this agreement and on what date, in order for them to report on whether they had received a rent increase in the interim. Ms. Vesecky indicated she viewed this as nothing more than a fluffy piece of public relations; the landlords had been on a voluntary basis SRCC Minutes (Regular) 09/04/2001 Page 15 SRCC Minutes (Regular) 09/04/2001 Page 16 throughout the history of San Rafael and she questioned if anything had changed Alvina Campos, with translation by Jessuina Perez Teran, stated it is very important for the City Council to take steps to discontinue the obscene rent increases. These increases are in excess of their salaries and the fact that they have children to support should be taken into consideration. They will always be ready to struggle so that the City Council can take steps to make their rights as tenants worth something. Rents should not have to subsidize the lifestyles of their landlords. Fernando Campos, with translation by Jessuina Perez Teran, stated he belongs to the 211 Canal Tenants Association. He believed the voluntary agreement was not working and all the rent increases taking place in the last years have not given them opportunities or alternatives to reach the American dream. He stated they would like to have the opportunity to purchase a house and believed that should the rent increases continue, they will probably need to move to, for instance, Richmond where his children would be very sad. He urged some action by the City Council. John Richardson, Fairhills, stated his house was assessed at $1.6 -million and is paid for. He also owns a house in Fairfax, also paid for and rented. He is from the east coast, having spent years in Switzerland. He attended business school at Golden Gate University and perceives a community whereby Firemen and Policemen are relegated to being low income. Doctors wishing to come to work at Marin General Hospital face the fact that the average income necessary to purchase the average house in Marin County is $128,000, which he believed to be obscene. Coming from Greenwich, Connecticut, the second highest income rate in the Unites States for many years, he was aware of what happens; however, their Police Officers were adequately compensated, enabling them to be part of the community. Mr. Richardson believed that should there be an accident in Marin County and the Firemen and Police Officers were elsewhere, there would be a price to pay. A disintegration of the medical community is evident and education is deteriorating, due to the lack of good teachers who cannot afford to reside here. He agreed they should not commute an hour or two daily to teach children; therefore, teachers were being lost, which affects the future of Marin County. This, he stated, is a serious matter and should not be taken lightly. Mr. Richardson stated he was aware of the consequences of unreasonable rent control; however, there was a reasonable way to do this with full representation of the tenants. It was a matter of responsibility for those in the political system representing the people. He stated he could provide statistics on other communities in the United States who did not recognize the situation was getting out of control. Marin County is known internationally as a beautiful place and we should be responsible in looking to the future to preserve a housing mix. Those with lower incomes should be supported. Mayor Boro stated that some of the major participants had spoken, together with members of the public and the only action before the City Council this evening was to accept the report. Addressing Mr. Aramburu, Marin Association of Realtors, Mayor Boro stated the posters should be in place by the end of this month (September), as he believed after six or seven months, this was important. He requested City Manager Gould investigate whether or not the City has the authority or ability to request that all tenants receive a notice of those property owners who have signed up. If it is being done in good faith, there should be no reason why landlords should not inform their tenants. Being a voluntary program and a good approach to continue with, Mayor Boro stated there should be no doubts regarding the numbers or reporting systems with Mediation Services and he requested Economic Development Director Nancy Mackle to assist with these issues to ensure the numbers are validated and the results understandable. He believed results are important, both successes and failures. A solution was more important than the method by which it was arrived at and assistance from Ms. Mackle would be appreciated, as staff would be returning in December on this issue. At this point, a member of the audience inquired if he could request a moratorium. Mayor Boro stated there were five Councilmembers present and as this gentleman had had an opportunity to speak, should someone wish to introduce such a motion, the opportunity was available. Councilmember Cohen stated he was distressed by the report and whether it was due to fear of anticipated action this evening, or the fact that Mr. Burke agreed to take this on and had been very persuasive, it was good to hear in the last week that a number of additional landlords had signed up. He indicated that the numbers contained in the report are deplorable in terms of the increase in participation. He explained that since the April meeting and the figures presented in the staff report, excepting those presented by Mr. Burke this evening, there had been an increase of one- half of one percent of the units in San Rafael covered under the voluntary agreement. Virtually no progress had been made on the part of the property owners in terms of increasing the number of SRCC Minutes (Regular) 09/04/2001 Page 16 SRCC Minutes (Regular) 09/04/2001 Page 17 units, which remain at roughly 15%. With respect to Dorothy Vesecky's point, Councilmember Cohen stated he would be interested in receiving a follow-up on the number of buildings covered. 33% was a good number; however, he would like this translated into the number of actual units covered versus the approximately 9,000 listed in the staff report, to ascertain how many rental units in San Rafael are now covered by this agreement. He requested a report be presented in one month rather than three, and five months having elapsed, something should be posted by the sixth month. Rather than waiting for the perfect poster, the signed agreement could be copied and placed on the wall for tenants to see, following up later with a printed poster, if necessary. In this way, tenants would know they are covered. Regarding the summary, Councilmember Cohen noted there were a number of steps taken by the City, albeit not sufficient for a number of those in attendance; however, the steps the City committed to take had been followed through. Mediation Services had followed through with their commitment, and this he would address momentarily. The tenants had secured funding, setting up an office and telephone and continue to work on this problem. Councilmember Cohen challenged the property owners to step up their efforts; he appreciated the comments of Mr. Burke and was pleased to see Mr. Aramburu and Ms. Giambastiani present this evening. He urged both to encourage the Property Owners Association to become more professional, deal with the problem and show progress, as in fairness to the tenants who spoke this evening, it is necessary to have answers and a serious ongoing sustained effort, not something which produces a burst of effort each time the issue is on a City Council agenda. He complimented Ms. Giambastiani and Mr. Aramburu on their professionalism in representing their respective organizations and believed the group which has come together needs that same degree of professional representation to sustain efforts and convince the parties concerned of the sincerity on the part of the property owners. Thus far, it did not appear this had happened, to his disappointment. With respect to Mediation Services, Councilmember Cohen was unsure whether using the term "selling mediation" was correct or not, and if Mediation Services provides similar information to that of the past twenty years, there is no reason to believe it would be different; however, something different is required to be communicated through this process. He understood that Mediation Services was dealing with those with individual issues; however, when there is a rental increase above and beyond the 10% benchmark, it affects everyone in the building, not merely that individual. It is necessary, therefore, for people to move beyond their individual problem and understand as a community, that inappropriate increases in rent affects every tenant in the building. Realizing they have issues in common which translate to impact on the larger community, some movement on the issue could materialize. Councilmember Cohen stated that whether the message is delivered through the provision of telephone numbers, Tenants Association or by encouraging mediation, he would like to ascertain if encouraging people to seek mediation would prompt landlords to sign the agreement and comply with it. He was pleased with the report of only one complaint regarding those who signed the agreement, which augurs well for its potential. He indicated his willingness to pursue those efforts to achieve success; however, tracking is necessary to encourage mediation of some of the rent increases which have been above and beyond. There should also be added effort to procure additional signatories to the agreement so that its success is broader. Councilmember Cohen stated that while being happy to accept the report, it did not follow that he is happy with the present efforts on the issue. Councilmember Miller stated that above all, there is a sense of urgency with this issue. The inherent suffering is so dramatic, it requires urgent rather than long-term care; however, in working together with a sense of urgency, results can be achieved. To prolong or take the usual modality would render the social analysis correct, in that basically, the power structure is just maintaining the status quo. However, with a sense of urgency, which Councilmember Miller believed the City and community are capable of, a solution, although not perfect, can be initiated which would alleviate much suffering. Councilmember Heller concurred with the sentiments of Councilmembers Cohen and Miller and stated it is a difficult problem and no one wishes to see the voluntary effort fail. She would like to see a continuance of the effort and congratulated Mr. Burke for the success he achieved in a week. Councilmember Phillips stated he was dissatisfied and disheartened with regard to the property owners' response. He understood this was voluntary; however, the effort appeared somewhat slight. He stated that according to the staff report, the property owners are still in the process of completing the notification by November 1, 2001, and the point was correctly made that should any SRCC Minutes (Regular) 09/04/2001 Page 17 SRCC Minutes (Regular) 09/04/2001 Page 18 individual undertake this responsibility, he suspected it could be done in far less time; therefore, he questioned if their hearts were in it. Councilmember Phillips stated the report also discusses the fact that the new Property Owners Association is based entirely on voluntary efforts and, therefore, initial efforts still require more time for implementation; however, such efforts do require somewhat more of a push, and to rely entirely on voluntary efforts, can sometimes produce satisfactory or unsatisfactory results. He hoped the unanimous sentiment with regard to the effort is conveyed to the property owners to the effect that while in concept this is to benefit both sides, it appears the property owners have not done their part to make it a success. He speculated that should this be their goal, additional effort was needed; however, he was not suggesting the City fund it. He trusted that significantly greater effort would be applied by the property owners as the City had done a lot in this area in trying to reach a workable solution. Although not perfect, Councilmember Phillips stated he would challenge anyone to provide the perfect solution, as he did not believe it existed. He felt there was movement in the direction of assisting both sides and he challenged the property owners to put in greater effort, not just a flash to appease some, as frankly he was not appeased. Councilmember Cohen moved and Councilmember Phillips seconded, to accept the initial report and directed staff to: a) Provide additional reporting on the Agency's housing programs, including the monitoring program, in December; b) Report back at the City Council Meeting of October 1, 2001, with progress achieved in posting those buildings where the owner had signed the voluntary agreement and also on further analysis of information received this evening with respect to units, as opposed to buildings now covered by the voluntary program; c) Additional report to be provided with regard to mediation results; d) City Manager to pursue the issue of property owners mailing notices to each tenant in those buildings having signed up, to ensure individual noticing, in addition to noticing of the building itself. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Mayor Boro requested Agenda Item #18 be taken out of order for discussion and action.) NEW BUSINESS: 18. DISCUSSION RE CITIZEN OF THE YEAR AWARD IN MEMORY OF DICK O'BRIEN, FORMER PLANNING COMMISSIONER — PROVIDE INPUT INTO THE ESTABLISHMENT OF A CITIZEN OF THE YEAR AWARD AND SELECTION CRITERIA FOR SUCH AN AWARD (CD) — FILE 109 x 102 x 9-2-6 Community Development Director Bob Brown stated that earlier this year, Mr. Michael Mahoney endowed a public service award in memory of former Planning Commissioner, Dick O'Brien. Mr. Brown indicated he had attempted in the staff report to lay out some selection criteria and procedures for such an award in the City of San Rafael. Briefly, he stated, staff intended to solicit nominations from the public, a selection committee has been proposed, composed of two Councilmembers, two Planning Commissioners, President of the Chamber of Commerce and representatives of the Federation and Coalition. It is proposed to honor the recipient with a Council Proclamation and presentation at the Annual State of the City event. Mr. Brown reported that Mary O'Brien, Dick O'Brien's spouse, their son, and Mr. Mahoney were present this evening in the Council Chamber where Dick spent so much of his life. Having spoken with Mr. Mahoney today, Mr. Brown indicated he concurred with the proposals; however, he specifically requested that the name of the award be such that the memory of Dick does not become secondary down the road. Mr. Mahoney suggested two names from which Council could select: 1. The Richard P. O'Brien Public Service Award; 2. The Richard P. O'Brien Citizen of the Year Award. SRCC Minutes (Regular) 09/04/2001 Page 18 SRCC Minutes (Regular) 09/04/2001 Page 19 Assuming the selection would be #2, which he believed to be a great idea, Mayor Boro stated he was a little confused concerning the person not necessarily being a resident of or property owner in San Rafael. He questioned how one could be a "Citizen of San Rafael and reside in, for instance, Pinole". Appointments to the City generally require either owning a business or being a resident; to be elected requires residency, and he was not comfortable with going beyond this for a "Citizen of the Year". Responding, Mr. Brown stated he believed the Planning Commission's thought was that the proof was primarily in the deeds of the individual as opposed to their place of residency. Mr. Mahoney, who endowed the award is not a San Rafael resident. To the extent of the impact on the City of San Rafael, Mr. Brown figured it would be unlikely that someone would devote that amount of attention to the City unless they were a resident or owned property; however, it was the Planning Commission's opinion that this could be possible. Councilmember Miller concurred with Mayor Boro and believed the recipient should be a resident. Other awards are available from various organizations to non-residents; however, in this instance, it should be acknowledged that it is the residents who make up this City. Councilmember Miller favored the title "The Richard P. O'Brien Citizen of the Year Award". Mayor Boro confirmed the recipient would be honored at the Annual State of the City Dinner when the Employee of the Year is recognized, together with two businesses, large and small. He indicated the businesses are already acknowledged through the Chamber of Commerce and believed it should be confined to a resident. Addressing the City Council, Mary O'Brien indicated she is always thrilled to be present. She reported that Dick adopted and believed San Rafael was the best thing since sliced bread and everything God could have done for a person. His wish was that on passing on, he could say he left something behind which was good, and Mrs. O'Brien believed he would be thrilled that a citizen who had given time and effort to this town, would be honored. She thanked Michael Mahoney and all concerned for their efforts in making this happen; it will be something which will step down to their children, grandchildren and even Lonate Pozzolo. Michael Mahoney concurred with the title "Richard P. O'Brien Citizen of the Year Award." Mayor Boro stated that in addition to acknowledging the recipient at the State of the City Dinner, there should be a Perpetual Commemorative Plaque, to remain in the lobby, with the annual addition of a small plate recognizing the recipient. Community Development Director Brown reported he had already requested a picture of Dick O'Brien from Mary. Councilmember Heller stated that perhaps at the bottom of the plaque there could be a brief description of the criteria. Councilmember Cohen inquired whether it would be appropriate to include Mr. Mahoney or a representative of the O'Brien family on the selection committee, in recognition of its origin. Mr. Mahoney declined, being a resident of Larkspur, and Mary O'Brien gratefully accepted. Councilmember Miller moved and Councilmember Cohen seconded, to approve the recommendation with the following additions: ♦ The award be limited to an individual residing in the City of San Rafael; ♦ Mary O'Brien to be part of the selection committee; ♦ The Award to be named "The Richard P. O'Brien Citizen of the Year Award". AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. RESOLUTION AMENDING THE 2001-2002 CITY BUDGET TO APPROPRIATE $25,000 FOR PREPARATION OF CONCEPTUAL NORTH SAN RAFAEL PROMENADE PLAN (CD) — FILE 8-5 x 9-2-52 x 238 Community Development Director Bob Brown stated that during the budget discussions in May, 2001, Council chose not to fund a proposed Design Consultant to formalize the plan for the North San Rafael Promenade, rather staff was requested to work with the VIA Committee to better define the project. City Manager Gould and Nader Mansourian, Traffic Engineer, worked with the VIA Committee with the intention of limiting the extent of improvements and expense. They focused on utilizing the existing right-of-way for bike lanes, carrying out limited crosswalk/sidewalk improvements and evaluating longer term options, such as exploring the process of getting access through Northgate 1 and Northgate Mall. Mr. Brown stated that staff believes a design plan can be helpful to the City and in seeking outside funding and with the assistance of the Public Works SRCC Minutes (Regular) 09/04/2001 Page 19 SRCC Minutes (Regular) 09/04/2001 Page 20 Director, Dave Bernardi, believed the consultant assistance and creation of a plan can be achieved for a maximum of $25,000. Mayor Boro noted the staff report contained an excerpt from a letter (Exhibit 4) from the VIA Co- chairs, indicating that funding for project construction would occur over an extended period, focusing on private sector improvements and community partnerships, and on reading the letter, it states "we expect that funding for the project will occur over an extended period as a result of private sector improvements, community partnerships as well as City funding." In speaking with the City Manager, Mayor Boro stated he explained the intent of the City funding element is that as work is carried out in the area of the Promenade, whether it be sidewalks or street improvements, the plan would be used as a guide to ensure that should money be spent, it would be within the confines of the plan. Mayor Boro indicated he would feel more comfortable if the Resolution contained wording to clarify this. City Manager Gould stated staff had proposed the following language to respond to this concern: "WHEREAS, the primary funding for the construction of the Promenade will come from private development, grants, community partnerships and ongoing infrastructure maintenance and repair projects." Councilmember Miller wished to ensure that during this process, not only should there be consultations with the VIA Committee, but also with the Bicycle and Pedestrian Committee. Mayor Boro stated the long term future of the Bicycle and Pedestrian Committee is an issue for review. Their specific purpose may be accomplished sometime this year, and through Lydia Romero, Assistant to the City Manager, input could be sought; however, until its future is decided, issues should not be referred to this committee. The original intention of the Bicycle and Pedestrian Committee was to work on a General Plan amendment with respect to bicycles, etc. City Manager Gould concurred and stated that in the provision of the Bicycle and Pedestrian Masterplan, this Committee and the VIA Committee were consulted to ensure that the Promenade was reflected in this plan, which would become the City's guideline for future essential improvements. He believed this issue should be brought back to determine the future of this Committee. Mayor Boro stated he was not opposed to retaining the Committee in some form; however, their role should be clear as their specific role is being concluded, and expansion or modification should be a matter for discussion. In the interim, Mayor Boro requested that Lydia Romero, who has an excellent rapport with the Bicycle and Pedestrian Committee, keep them apprised. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution with the additional language: "WHEREAS, the primary funding for the construction of the Promenade will come from private development, grants, community partnerships and ongoing infrastructure maintenance and repair projects." RESOLUTION NO. 10922 - RESOLUTION AMENDING THE 2001/2002 BUDGET TO APPROPRIATE $25,000 FOR CONSULTING SERVICES TO PREPARE A CONCEPTUAL PROMENADE PLAN FOR NORTH SAN RAFAEL (as amended) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS CITY MANAGER'S REPORT: 19. City Manager's Report (CM) None Cohen, Heller, Miller, Phillips and Mayor Boro None None SRCC Minutes (Regular) 09/04/2001 Page 20 SRCC Minutes (Regular) 09/04/2001 Page 21 COUNCILMEMBER REPORTS: 20. a) Concert at Falkirk (8/26/01) — File 9-3-84 x 4-17-110 x 9-1 Councilmember Cohen stated he enjoyed the concert and inquired as to how it was funded. City Manager Gould stated it has become self-supporting in the last three years. Council appropriated significant funds to stage the initial concert; however, the point has now been reached that through sponsorships, food service etc., it is a break even operation. b) MCCMC Dinner — File 113 x 9-1 Mayor Boro reported that the MCCMC Dinner had been moved from September 26, 2001 to September 19, 2001 and he anticipated everyone being present. A reception will be held at the Lonatese Gardens, followed by a meeting and dinner at the Childcare Center. There being no further business, Mayor Boro adjourned the City Council Meeting at 10:50 p.m. and announced that the City Council was returning to Closed Session. CLOSED SESSION HELD OPEN SESSION: Mayor Boro announced that no reportable action was taken. ADJOURNMENT: 12:02 AM —September 5, 2001 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF .2001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/04/2001 Page 21