HomeMy WebLinkAboutCC Minutes 2002-06-03SRCC Minutes (Regular) 06/03/2002 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 3, 2002 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
Vice -Mayor Cohen announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Feingold, Stanley v. City of San Rafael, et al.
Marin County Superior Court Case No. CV 014764
Present: Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: Albert J. Boro, Mayor
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
8:04 PM
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar
as follows:
ITEM
2. Approval of Minutes of Regular Meeting of Monday,
May 6, 2002 and Special Meeting of Monday, May 20,
2002 (CC)
3. Call for Applications for Appointment to Fill One,
Four -Year Term on the Design Review Board Due to
Expiration of Term of Larry Paul (Architect), with
Term to Expire End of June, 2006 (CC) -
File 9-2-39
4. Call for Applications for Appointments to Fill Two,
Four-year Terms on the Planning Commission Due
to the Expiration of Terms of Planning
Commissioners Ann Batman and Bruce Scott, with
Terms to Expire End of June, 2006 (CC) —
File 9-2-6
RECOMMENDED ACTION
Minutes approved as submitted.
ADDroved staff recommendation:
a) Called for applications for
appointment to fill one, four-year
term on the Design Review Board;
b) Set deadline for receipt of
applications for Tuesday, June 25,
2002 at 12 -noon in the City Clerk's
Office, Room 209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, July 1, 2002, commencing
at 6:30 p.m.
ADDroved staff recommendation:
a) Called for applications to fill two,
four-year terms on the Planning
Commission, due to expiration of
terms of Planning Commissioners
Ann Batman and Bruce Scott, with
terms to expire end of June, 2006;
b) Set deadline for receipt of
applications for Tuesday, July 9,
2002, at 12 -noon in the City Clerk's
Office, Room 209, City Hall; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, July 15, 2002,
commencing at 6:00 p.m.
SRCC Minutes (Regular) 06/03/2002 Page 1
5. Resolution Authorizing Execution of Quitclaim Deed
re Portion of Linden Lane (APN 011-094-11) (CA)
File 2-12-1
6. Summary of Legislation Affecting San Rafael (CM) -
File 116 x9-1
7. Monthly Investment Report for Month Ending April,
2002 (MS) — File 8-18 x 8-9
8. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1782 - An Ordinance of the City of
San Rafael, Amending Title 14 of the San Rafael
Municipal Code (Zoning Ordinance) Deleting the
Minimum Lot Area Requirement for Boarding Houses
in Commercial and Office Districts (ZC 02-01) (CD) -
File 10-3 x 10-1
10. Resolution Authorizing a Joint Public Hearing of the
City Council and San Rafael Redevelopment Agency
on July 15, 2002, to Consider Adoption of the
Proposed Third Amended and Restated
Redevelopment Plan for the Central San Rafael
Redevelopment Project (RA) —
File 140 x (SRRA) R-140 XIX
SRCC Minutes (Regular) 06/03/2002 Page 2
This item removed from Agenda at the
request of staff.
ADDroved staff recommendation:
AB 2545. Housing. Assembly Member
Nation — OPPOSE
AB 2018. Public Safety:
Communication System. Assembly
Member Nakano — SUPPORT
ACA 11. Infrastructure: Finance.
Assembly Member Richman —
SUPPORT
SB 1119. Bid Solicitations: Charter
Cities. Senator Margett — OPPOSE
Accepted Monthly Investment Report
for month ending April, 2002, as
presented.
Approved final adoption of Ordinance
No. 1782.
RESOLUTION NO. 11107—
RESOLUTION AUTHORIZING A
SPECIAL JOINT PUBLIC HEARING OF
THE SAN RAFAEL CITY COUNCIL
AND SAN RAFAEL REDEVELOPMENT
AGENCY ON JULY 15, 2002, TO
CONSIDER ADOPTION OF THE
PROPOSED THIRD AMENDED AND
RESTATED REDEVELOPMENT PLAN
FOR THE CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
The following item was removed from the Consent Calendar at the request of Councilmember Heller:
9. RESOLUTION CERTIFYING PROJECT BUDGET, LOCAL FUNDING COMMITMENT,
SUPPLEMENTAL FUNDS, AND PUBLIC LIBRARY OPERATION FOR PROPOSITION 14 STATE
LIBRARY BOND ACT 2000 GRANT APPLICATION (CS) — FILE 9-3-65 x 9-3-61 x 116
While understanding the necessity for the Resolution, Councilmember Heller indicated she had a
question for Community Services Director Carlene McCart with regard to expenses and funding,
specifically $11,000 in Indirect Costs, and inquired what this pertained to. As this related to the
Operating Budget, Ms. McCart deferred to Library Director Vaughn Stratford.
Mr. Stratford reported that the $11,000 was for administrative overhead. City Manager Gould
clarified it covered administration, insurance, legal services, payroll, benefits processing, etc.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 11108— RESOLUTION CERTIFYING PROJECT BUDGET, LOCAL
FUNDING COMMITMENT, SUPPLEMENTAL FUNDS, AND
PUBLIC LIBRARY OPERATION FOR STATE LIBRARY BOND
ACT 2000 GRANT APPLICATION
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
SRCC Minutes (Regular) 06/03/2002 Page 2
SRCC Minutes (Regular) 06/03/2002 Page 3
OLD BUSINESS:
11. REPORT ON VOLUNTARY FAIR RENTAL PRACTICES (RA) — FILE 13-16 x 13-7-1
Economic Development Coordinator Stephanie Lovette stated that in the winter of 2000-01, the City
held two community meetings regarding rising rents. She reported that staff researched and
evaluated the programs presented during those meetings and provided recommended actions to the
City Council in April of 2001. Ms. Lovette indicated these recommended actions were:
a) To increase the supply of affordable housing;
b) Continue partnerships for affordable housing;
c) Improve Code Enforcement;
d) Improve rental management;
e) Increase tenant assistance;
f) Pursue tenant employment opportunities; and
g) Accept the Voluntary Fair Rental Practices Agreement Program
Ms. Lovette reported that in the past year, staff has been working on all of these programs:
1) The partnership with Bridge Housing has been continued and more affordable housing has
been provided;
2) Code Enforcement staff has been increased, taking over Code Enforcement Citywide,
whereas previously, this was only done in the Canal;
3) Rental Management Practices have been improved by requiring an on-site manager for
certain properties; and
4) Staff continues to work on the Fair Rental Practices Owners Program.
She indicated that staff reported on the status of all of these programs in September, 2001 and
provided additional information on the FRPO (Fair Rental Practices Owner) program in October,
2001. A report on affordable housing activities was again provided in December, 2001, including the
FRPO program. Ms. Lovette stated that the report this evening addresses the last six months,
specifically on the FRPO program.
Ms. Lovette reported that currently, there are 2,800 units in 192 buildings covered by the FRPO
agreement, which is approximately 47% of the targeted units in San Rafael. This figure, she stated,
has remained static since December, 2001. She indicated that Mediation Services continues to
provide information, counseling and mediation to tenants and to separately monitor calls from San
Rafael.
Ms. Lovette reported that the City sent a letter to all tenants in buildings covered by FRPO in
October, 2001. This letter thanked the property owners for participating in the FRPO program and
encouraged tenants to call Mediation Services to report any concerns. She indicated that a similar
letter containing Mediation Services' telephone number was sent by the City in March of 2002, to all
tenants in buildings with four or more units. Both of these letters were in English and Spanish.
Mediation Services reported a total of 143 calls since the last reporting in December, 2001, which
Ms. Lovette indicated, is approximately 28 calls per month, and is slightly down from the 38 calls per
month when the program was first initiated. She stated that approximately 16% of the calls, or 23
calls, in the last six months related to rent increases, and nine of those involved FRPO properties.
She indicated that the majority of calls on FRPO properties involved rent increases of 9%, which is
under the 10% permitted under the FRPO agreement.
Ms. Lovette reported a slight increase in calls in March and April which was most likely due to
tenants receiving the letters. This, she indicated, compared to 32 calls between July and December
on rent increases, with 4 on FRPO properties.
She reported that approximately 22% of the calls received by Mediation Services in the past six
months have concerned health and safety issues. These calls increased from six per month in
2001, to nine per month in 2002.
Ms. Lovette stated that members of the Tenants Association were present this evening, together
with members of the Marin Income Property Owners Association, who had specific information
regarding the status of the market presently.
Concluding, Ms. Lovette stated she was available to answer questions.
Vice -Mayor Cohen stated he wished to supplement the staff report by reporting on a letter received
this afternoon. He recalled that last year at one of these hearings it was brought to Council's
attention that Caltrans had acquired a number of rental properties in San Rafael and had raised
rents considerably beyond the amounts contemplated in the FRPO agreement. When contacted by
City staff, they declined to sign the agreement or participate in the program. Vice -Mayor Cohen
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stated he was pleased to report this evening that although a meeting took place in January with
Caltrans, to no avail, subsequently, with the assistance of Senator John Burton's office and
discussions between Caltrans, up to and including the Director, Jeff Morales, San Rafael and other
communities around the State, they have modified their rental practices. Vice -Mayor Cohen stated
he was pleased to report he was in receipt of a letter this evening from Mr. MacPherson, Deputy
District Director for Caltrans, indicating that with one exception, relative to when they acquire a
property that is more than 75% below market, they will sign the FRPO agreement and comply with it
in its entirety. Vice -Mayor Cohen stated that in the one exception, they agreed to limit their rental
increases to 10% every six months until the threshold of 75% below market is reached, at which
point they will comply with the FRPO agreement in its entirety. He reported they would sign the
agreement as other private rental property owners had been requested to do.
Al Aramburu, Marin Association of Realtors (MAR) stated the Property Management is a sub-
committee of MAR. At the outset, he complimented Vice -Mayor Cohen on succeeding in getting
Caltrans to "knuckle under", which is not a trivial task. He noted a number of people had attempted
this; however, Caltrans declined, indicating they had so many properties around the Bay Area they
could not afford to acquiesce. Mr. Aramburu stated he was pleased Vice -Mayor Cohen succeeded
in prevailing, which should increase the 43% by some additional percentage.
Addressing some of the market conditions which have assisted in stabilizing the situation, Mr.
Aramburu stated that several days ago, the Marin Independent Journal published an article
concerning mold, which has been a major problem for property owners. He explained mold can be
toxic or relatively benign; however, the insurance carriers have, apparently, not been able to
differentiate, with the result that many property managers are having a difficult time obtaining
insurance and are subject to lawsuits on the presumption of guilt. He indicated that Senator Ortiz
passed a Bill last session which was going to call for the Department of Health Services to study this
issue and come up with some guidelines.
Mr. Aramburu noted it is also ironic that when the whole process was initiated in the fall of 2000, the
economy was incredibly better than presently and he believed from a budgetary standpoint, staff
was well aware of this. He noted it had also impacted the rental situation where a drop in rents has
been observed, together with instances of people being no longer in a position to afford the higher
rents. Situations where property ownership is problematic have also been noted.
With regard to FRPO transgressions, Mr. Aramburu noted these have been low in number over the
past six months, as indicated in the staff report. He was disappointed with the lack of success in
getting additional owners to sign up and believed part of this was due to market conditions and other
trials and tribulations. In addition, a Senate bill (Senator Migden) is moving forward, which will
cause interest to be paid on security deposits, redefining security deposits and redefining what is
reasonable wear and tear. He stated that without discussing the merits of this, it is one more issue
which is laid on the shoulders of the property owners.
Mr. Aramburu indicated he would continue working with the City on this issue and would appreciate
any input that may be forthcoming.
On a personal note, Mr. Aramburu stated neither he nor anyone in his Association could condone
problems with sanitary, unhealthy or unsafe housing conditions. He noted the City's aggressive
efforts to ensure people had a decent place to live, which he supported.
Setting Caltrans aside for the moment, Councilmember Phillips, noting the present participation of
43%, inquired what the participation might be by the next reporting period.
Responding, Mr. Aramburu noted City Manager Rod Gould mentioned 50% and being only 7% away
from this, he would like to endeavor to make 50% a reality. He indicated he would welcome
whatever help the City could offer in this recruitment and he would actively work towards a figure
greater than 7%.
Councilmember Phillips thanked Mr. Aramburu on a commendable job and wished him luck in
reaching this threshold.
With regard to the Canal neighborhoods, Councilmember Miller inquired whether Mr. Aramburu had
any specific data in terms of the rents dropping/rising. Mr. Aramburu stated he did not have this
specific information; however, he did have a copy of the Marin/San Rafael Rent Survey submitted by
Michael Burke, Frank Howard Allen Realtors. In conversations with Canal neighborhood residents,
Councilmember Miller explained he was learning of rents increasing rather than stabilizing. He,
therefore, would like to receive data more specific to the Canal neighborhoods. Mr. Aramburu
stated he would look into this and hopefully have a report for Stephanie Lovette within 30 days. He
indicated he was aware of the buildings involved and would take a survey of those.
Dorothy Cohen Vesecky, Canal neighborhood, before addressing remarks made by Mr. Aramburu,
Marin Association of Realtors, stated that if State Senator Carol Migden is carrying bills to improve
certain aspects of security deposits in what is defined as normal wear and tear, that results from
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some very abusive practices that have come into being in the State of California in the last few
years. She stated that if the concern is that health code violations be taken care, she believed Mr.
Aramburu's Association would join in helping to defeat a bill being carried by Assembly member
Nation which would make it far more difficult for cities to carry out code enforcement, and invited him
to do so.
Ms. Vesecky thanked the City for sending out a massive mailing to inform tenants whose landlords
had signed the FRPO agreement, advising them of this fact. It was her understanding the City did
this because signs were not being posted in the buildings; she still had not learned of even one
building where a sign had been posted.
On the subject of the letters, Ms. Vesecky stated that the City's good faith efforts, unfortunately, did
not work out so well. She indicated having consulted with City Manager Rod Gould and Economic
Development Coordinator Stephanie Lovette in this connection. Ms. Vesecky stated the day the
letters were delivered to her building coincided with the day her usual mail carrier was not working
and she found the letters dumped at the bottom of the junk mail section of their mailbox, never to be
located. She indicated that the situation was similar at all three mail stops in her building, even
though the direction was to deliver one to each resident. She commented that this was a Post
Office problem.
Ms. Vesecky stated that having collected all of the letters, Ms. Lovette requested she take them to
the Manager's office as having talked with the Post Office, it was agreed the mail carrier would pick
them up the following day and deliver them properly. She reported having done this; however, she
learned from the Manager's office some weeks later that no mail carrier had ever gone to the office
to retrieve the letters. She concluded that subsequent to all these good faith efforts, this was not an
efficient means of notification as this had occurred with other types of City notices also.
Ms. Vesecky stated that if the landlords were sincere regarding FRPO, they could post a sign in their
building, and she found it very disheartening they had not. She hoped the City would review the
issue every six months rather than yearly and did not consider the situation to be as under control
as some would like to believe. She indicated that according to last week's Marin Independent
Journal, housing purchase prices have skyrocketed, resulting in a similar effect on the rental market.
Alex Foreman, Redwood Drive, San Rafael, indicated he represented most of those in attendance,
being on the Board of the Marin Municipal Water District. He reported that part of his campaign was
to attempt to prevent any increases in water rates for renters; in campaigning he learned that most
renters were unaware of an elected Water Board as they do not see the water bill, and part of his
pledge was to resist any attempt to pass increases in water cost on to people already struggling to
maintain a place to live, which so far, has been achieved.
Having previously been a renter, Mr. Foreman stated he was present this evening out of concern for
what is happening with the rental market, indicating his sympathies are strong with those who rent.
He noted from the report that most of the telephone calls received were from properties not covered
by the agreement; approximately 16% of calls emanated from properties covered by the FRPO
agreement. He also noted that there had not been any increase in participation since December
2001, which he believed to be typical with such programs in that there is usually an initial surge from
civic -minded people, and those not participating are those who really need to.
Mr. Foreman stated Council had a choice to either maintain the voluntary low-key approach, or
come to the conclusion at some point that a lot of people are not participating and more should be
done. He believed it ironic that there is so much buzz in Marin County concerning affordable
housing and a desire to build new developments on open space, yet the real guarantee of affordable
housing is affordable rental space. Having lived most of his life in San Francisco, Mr. Foreman
reported that three-quarters of residents rent, with very strict laws governing rents. He commented
that should there be a seriousness in maintaining a diverse community where people of different
income levels can actually live and raise families, at some point a choice has to made to decide
which is the greater good. Mr. Foreman stated that this program, as admirable as it is and saluting
the efforts thus far, appears to be falling short of meeting the need of protecting the basic right of
everyone to an affordable place to live.
Coleman Persily, Contempo Marin Mobilehome Park, stated he appreciated the work and attempts
of the City Council to keep a lid on rent increases. He was aware the Council well understands the
need for affordable housing, not only for the low-income, rather also that of employers who need
employees. Mr. Persily thanked the City for assistance in establishing a moratorium on rent
increases in mobile home parks, via the Mobilehome Ordinance. He stated it gives a park -owner
landlord a right to obtain a rent increase to achieve a fair return on his investment.
Mr. Persily proposed that the City Council do likewise for apartment tenants, and declare a
moratorium on rent increases for apartments of five or more units, thereby, giving a similar right to
the landlords of a fair return on their investments.
Manny Fernandez, Housing Advocate with Marin Family Action, stated he had been monitoring the
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situation for approximately eighteen months and seeing so many clients of low and moderate
incomes, Marin Family Action has an Intake Form which, regarding rent, inquires whether it has
increased, by how much and whether it continues to increase. Mr. Fernandez reported that within
the past six months, rents have been increasing dramatically, especially in the Canal area;
therefore, even with all the hard work in this respect, some cracks still need to be filled. He
commended everyone for their work; however, noted there appeared to be something lacking. As a
Housing Advocate, Mr. Fernandez stated it was his job to ensure tenants had a comfortable living.
Jessuina Perez Teran, Tenant Organizer with Legal Aid of Marin, requested a few minutes to recap
what had happened in the last fourteen months regarding the voluntary agreement.
She stated that in March, 2001 when a group of tenants met with property owners and three
founders of the FRPO agreement, the issue of posting signs alerting tenants to such agreement was
discussed. Tenants were assured they would be notified; however, ironically, not a single building
belonging to the landlords at that meeting had posted signs. She indicated that from the three
people leading the voluntary agreement, only one remains, and his views on the posting of signs
have changed significantly since then.
On April 2, 2001, Ms. Perez Teran stated that City Manager Gould reported to Council that it had
been decided this agreement, which would be signed by the property owners, would be posted in
the entryways of the apartment complexes involved, would be on record with the City and available
to the public and would make the tenants aware of the fact that they had signed this agreement and
intended to live by it. She stated that on that same night, one of the founders of the FRPO
agreement stated that property owners who have signed the voluntary agreement would post copies
of the agreement in the respective properties. These were issues the City Manager and staff
brought up and the owners association had agreed to all of them. Ms. Perez Teran stated that all of
this is reflected in the minutes for each of the City Council meetings.
She reported that Councilmember Cohen noted a close eye should be kept on it and some pressure
needed to be applied because we see what happens when no one is paying attention.
Regarding enforcement of the voluntary agreement, Ms. Perez Teran stated that Mayor Boro stated
he felt it was important to explore means by which to force people into the voluntary agreement
program and if not, and there is tenant abuse, to find a remedy to deal with these people. She
indicated he also stated there is no intention of penalizing landlords who are complying and who are
dealing with their tenants as promised; however, if there are people who continue to abuse their
tenants, steps need to be taken with perhaps, some form of rental standards ordinance which may
apply to this specific group.
Ms. Perez Teran indicated she was bringing this to Council's attention as a reminder of what was
stated. Tenants have been very patient waiting for the City Council to really take the next step.
At the City Council meeting of September 4, 2001, five months later, Ms. Perez Teran stated that
one of the founders of the FRPO agreement stated they were in the process of translating the text of
the agreement from English to Spanish, which would take 30 — 60 days. She indicated that Mayor
Boro stated posters should be in place by the end of that month, September, as he believed after 6
or 7 months, this was important. Regarding notification to tenants and posting the signs, Ms. Perez
Teran noted that Councilmember Phillips stated property owners are still in the process of
completing the notification by November 1, 2001, and the point was correctly made that should any
individual undertake this responsibility, he suspected it could be done in far less time; therefore, he
questioned if their hearts were in it.
She reported that at the end of September the City of San Rafael funded and sent a notice to all of
the FRPO owners thanking them for taking part in the program and requesting they post the notices.
In October, 2001, Ms. Perez Teran reported that one of the landlords' representatives stood in front
of Council and stated that owners were indicating their involvement in the program with the
placement of notices on properties identifying them as proud sponsors of the program. She
indicated he further stated that in addition to the letter sent by Mayor Boro thanking the owners who
had signed on and providing them with a copy of the notice they could post, he had forwarded an
additional copy of the notice to the owners encouraging them to proudly display it in a prominent
position in their buildings.
At the City Council meeting in December, 2001, Ms Perez Teran reported that Mayor Boro indicated
to one of the founders of the FRPO agreement he understood that at the time landlords signed the
agreement, posting was a condition. She indicated the response was that the agreement did not
specify an obligation to post the notices. There was a further statement to the effect that getting in
touch with landlords who had signed the agreement was like "herding cats." She indicated this was
not the case when the landlords were persuaded to sign the voluntary agreement. Another landlord
representative stated there was resistance on the part of the landlords as some of them believed
that posting the sign was "stirring the pot."
Ms. Perez Teran indicated Councilmember Cohen stated that requesting some type of posting is
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fundamental to this project. Unless tenants are notified, the impact of the landlord having signed the
agreement is weakened. She also stated that Mayor Boro noted the City had offered to make the
signs available and to print them in two languages, and he believed it important to at least close the
loop.
Ms. Perez Teran reported that the Tenants Association visited 82 buildings this past week looking
for the FRPO signs and only five landlords were found to have posted signs. She commented that
obviously, most had not taken the agreement seriously. She noted that those buildings deserving
credit for posting the signs are: 255 Canal, 509 Canal , 239 D Street, 280 Merrydale and 175 Nova
Albion.
Ms. Perez Teran stated that the Tenants Association wished to acknowledge the wonderful work
City Code Enforcement has been doing in conducting inspections in a timely and thorough manner.
Code Enforcement and the Tenants Association are in the planning stages of holding two
community meetings which will address the issue of mold in apartments. She requested that Mr.
Aramburu join this group to defeat the Bill being carried by Assemblymember Nation, which would
make it more difficult for buildings to be inspected.
With regard to the goal to increase the number of buildings signing on to the FRPO Agreement to
50%, Ms. Perez Teran questioned the point of signing on 50% if tenants are not going to be notified.
She indicated that most landlords would not live up to the agreement and the City would not enforce
it as it is not legally binding. She noted that Mayor Boro in one of the meetings stated that over
50% of landlords signing on would show good faith.
Concluding, Ms. Perez Teran requested Council to continue monitoring the FRPO agreement and
continue receiving quarterly reports rather than once per year as recommended by City staff.
Having annual reports, she stated, equals shredding the paper tiger. Should the intention be for
everyone to forget that once upon a time there was an agreement that went nowhere, this should be
honestly recognized as not being worth the time and effort. On the other hand, if there is a
consciousness that this agreement has not worked as intended, it is time to be creative and
generate new alternatives. She stated it is not a secret that the tenants do not like the FRPO
agreement, as they believe it was not created in good faith. She indicated that the record speaks for
itself in that tenants were not appropriately notified, signs were not posted in most buildings, some
landlords did not live up to the agreement they signed and not one single landlord has signed the
FRPO agreement in the last six months.
On a happier note, Ms. Perez Teran informed the City Council that the Tenants Association has
grown; there are now twenty buildings organized, eight of which are fourplexes. The Marin
Community Foundation considers this to be an important project and has encouraged the Tenants
Association to submit the grant proposal for a two-year funding.
Finally, Ms. Perez Teran encouraged the City staff, City Council, Landlords and their representatives
to join tenants and dance their FRPO frustrations away at their fundraising event on June 8, 2002.
She guaranteed that all the proceeds would go towards organizing more tenants.
Meg Bruselera stated she had been a tenant in Marin County for almost thirty years and was at the
mercy of landlords who can raise rents to whatever figure they wish, whenever they wish, and can
evict tenants should they complain. She indicated that presently, she resides in a building with a
property management company, Marshall & Company, who did sign the FRPO agreement and
have been very good. She reported they had also been very good with regard to repairs, had not
raised the rent to astronomical levels and had posted a sign.
Ms. Bruselera stated she moved into this building a year ago because she was residing in a duplex
on Fourth Street and when the lease came up for renewal, the landlord not only raised the rent, but
doubled it. She advocated for quarterly reports, noting this issue is gaining momentum, and
believed some landlords fall through the cracks in the belief that no one is watching.
Patricia Holt -Clement, Head Start, indicated she sent a letter to Councilmembers approximately one
month ago. As a Head Start home visitor, she visits each of her families once a week and indicated
this year has been an unusual one. On going to homes she often finds a lot of mold on walls, and at
215 Bayview, there are four families who have experienced a lot of mold. Visiting regularly, she gets
an impression of how well they take care of their homes and reported them to be extremely diligent
with regard to cleanliness. She reported that most families have had to spend at least one day
every two weeks cleaning the mold only to have it grow back within a week.
Having been around mold before, Ms. Holt -Clement reported she was aware of how dangerous it
could be. She indicated she was present this evening to share her belief that this is a dangerous
situation. Tenants themselves did not wish to risk attending as a tenant in another apartment was
requested to leave subsequent to the apartment being painted, which she believed could have been
connected to a letter she sent.
She indicated she was present merely as an advocate; after ten years in her present position, this
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was the worst she had seen and she believed the construction could have a bearing on the
situation, having learned there is no insulation in the walls. She was aware the apartments had
been inspected and urged Council to consider that the children living there do not have very good
immune systems; two children have been hospitalized this year already due to breathing difficulties.
Councilmember Cohen stated there was no question mold is a very serious situation, and depending
on the type, can be dangerous. He inquired whether on finding these situations Ms. Holt -Clement
contacts Code Enforcement or encourages the tenants to so do, as the City cannot attend to the
problem unless staff can enter and view the situation. He confirmed Code Enforcement needs the
tenants' assistance in gaining access to these apartments in order to commence enforcement
proceedings.
Ms. Holt -Clement confirmed she forwarded a letter to everyone on the City Council. She also spoke
with Legal Aid and Jessuina Perez Teran spoke with her families as a group, suggesting they come
to the City; however, many are afraid to be involved as a group. She, therefore, decided to attend
this evening to lend some strength.
City Manager Rod Gould reported that prior to receipt of Ms. Holt-Clement's letter, Code
Enforcement was made aware of the mold problem at the Bayview Apartments. He stated at least
three inspections were made, a Notice and Order to the property owners to abate the mold has been
issued, and he believed some level of cooperation was being received; however, the mystery
remains as to why so much mold is evident in a recently renovated apartment complex. Mr. Gould
stated he could provide more information on this issue tomorrow, as unfortunately, Community
Development Director Bob Brown was not available this evening to provide a more definitive
account of happenings. He reported that staff was well aware of the situation, numerous inspections
had been carried out and it was his belief that some cooperation was being received from the
property owner.
Vice -Mayor Cohen assured Ms. Holt -Clement and the tenants that whether they come as individuals
or in groups, the City will take this type of issue very seriously and do whatever possible to ensure
the owner corrects the situation. He noted the staff report addresses Health and Safety issues,
which are being taken to enforcement and pursued vigorously, and this will continue.
Councilmembers confirmed having received the letter forwarded by Ms. Holt -Clement.
Carlos Garcia, Marin Tenants Union, residing at 260 Canal for over 26 years, noted how difficult it
was to make ends meet when working salaries are stagnant while proportionally, rents escalate.
While not sure how the voluntary agreement would assist in this situation, Mr. Garcia thanked the
City Council for initiating the process in an effort to help tenants.
Vice -Mayor Cohen clarified that it is necessary for speakers to state their names for the record;
however, an address was not necessary unless the speaker wished to submit same.
Ernesto Vasquez, 23 Fairfax Street, a FRPO building, stated he had lived at this address for
approximately fourteen years. He confirmed having reported at a previous Council Meeting that his
rent had been increased three times in less than one year and the owners signed the voluntary
agreement. Mr. Vasquez reported there was a stove in place when he moved to 23 Fairfax Street;
however, after fourteen years of use, it broke down. Having requested a new one, the landlord
informed him he would be required to contribute 50% of the cost. Mr. Vasquez reported that having
no option, he was required to personally pay $250. He reported that his rent is $1,500 per month,
which is market rate, and believed landlords should not be permitted to pass on the cost of repairs to
tenants. He further reported that it takes a long time to receive a response when repairs are
requested. Every year they encounter mold problems, which they attend to by cleaning. He reported
that a heater caught fire and was turned off by PG&E, and having notified the manager of the need
for repair, no response was received, resulting in the lack of a heater this winter. He requested that
Council continue monitoring this agreement closely and holding landlords responsible.
Andrea Hall reported that within two months of moving into her apartment complex, her rent was
increased; she now is required to pay for parking, which has almost doubled, going from $40 to $65
per parking space. She indicated that she and her boyfriend are both fulltime college students and
work fulltime and she believed Marin County needs to acknowledge that not everyone is rich and
there are those who struggle.
Ernestina Anaya, Canal Street, through an interpreter, stated the owner of the apartment building
where she lives has signed the voluntary agreement and to date, has not complied with what was
promised. She reported that in January 2002, the Tenant Association of her building sent a letter to
the owner with a list of needed repairs; five months later the necessary repairs have not been
completed and those attended to were carried out in a faulty manner. Added to this is the fact that
the rent was raised and she wished to inform Council that the voluntary agreement had not been
taken seriously. Ms. Anaya stated they had requested Code Enforcement to come and inspect the
building as they believe this will be the only way repairs will be made.
Sophia Manacho, through an interpreter, indicated she was representing the apartment at 83
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Woodland. Firstly, she thanked the City's inspectors for carrying out an inspection of their building
in the last few months. She reported that the owners had been fixing up the apartments because so
many were in bad condition and tenants have been led to believe that this extra expense will be paid
for by a rent increase of $150 per month. Ms. Manacho indicated they needed the property owners
to understand their situation and realize their incomes are not sufficient to cover the rent increases.
Maria Mazariegos, through an interpreter, indicated she resided at 162 Belvedere Street. She
thanked the City of San Rafael for its efforts in providing housing for people of low income, indicating
they had just moved to a new apartment and were very pleased with it. She stated the problems
they had with the manager of the old property had vanished; however, not all tenants had the same
luck as they in having an apartment in good condition. On behalf of those not so lucky, she was
present to request the Council to continue their efforts to ensure the landlords are responsible for
maintaining their properties in a good and healthy condition and that they treat their tenants with the
same respect and dignity they expect themselves.
Jonathan Freeman stated that legally he is an outside agitator as he resides in an unincorporated
area of the County of Marin; however, the City is directly across the street. To place this issue in a
larger context, Mr. Freeman stated that some of the problems being dealt with here are
macroeconomic. He explained that a lot of wealth is being accumulated amongst the top 1 %, part of
the middle class is deteriorating and the lower classes are being affected very dramatically. He
stated there are things government can do to create the type of community people wish to live in,
should this type of community be one which will maintain its existing diversity. Elaborating, Mr.
Freeman stated that economically speaking, the ceiling could be lowered and the floor raised, i.e.,
raising living wages and individual development accounts and lowering the ceiling by raising taxes,
so that those accumulating the wealth are forced to redistribute their assets.
Mr. Freeman stated that on a local level this could be done by inhibiting what a landlord does in
terms of accumulating wealth; putting a moratorium on rent, etc., would keep rents down so that
those affected by rising rents and static or falling wages, would be supported. He assumed the tax
base of the City would be increased with a variety of people.
Mr. Freeman stated that while living in Marin County, he drives to San Francisco daily and seeing
the advantages of having a heterogeneous community he urged the City Council to adopt some
type of procedure informing landlords as to what type of rents they may charge. He explained this
would provide for more of a heterogeneous community, as raising rents forces people to leave the
county, resulting in a homogeneous community, i.e., those in the upper strata of income. This, he
stated, is why he would urge Council to seriously consider some type of action to inform landlords
what they can and cannot do.
There being no further comment from the audience, Vice -Mayor Cohen returned the issue to Council
for discussion.
In terms of the staff recommendation, Councilmember Miller suggested the report be accepted;
however, recommended hearings take place quarterly. His reasoning, he explained, is that it is very
empowering for residents of the City to be able to come and express their feelings. He appreciated
those in attendance this evening, noting particularly, the translator, who makes it possible to interact;
thereby, permitting all to work together to make the City a better place to live. Councilmember Miller
also thanked the Community Services Department for providing the translating equipment. Being
aware of the importance of this equipment to the City, he noted it needed updating.
Councilmember Miller indicated his interest in seeing Assemblymember Nation's Bill.
Councilmember Heller confirmed action had been taken on this agenda item, AB 2545 in the form
of an opposition, on this evening's Consent Calendar.
In terms of raising/lowering rents, noting Mr. Manny Fernandez had some documentation,
Councilmember Miller inquired whether it would be possible to share this with Mr. Aramburu.
With regard to Code Enforcement, Councilmember Miller stated it was very pleasing to him to know
that the City had paid attention and had been seriously developing the capacity to enforce and take
care of the health and safety of tenants. He complimented the Code Enforcement efforts of staff,
noting Lynda Ferris, Code Enforcement Manager, had been working hard with Jessuina Perez
Teran, Tenant Organizer, in this connection.
With regard to the dance to be held on June 8, 2002, alluded to by Ms. Perez Teran,
Councilmember Miller issued a reminder that it would include a raffle for a television set and
microwave oven.
Councilmember Phillips complimented Vice -Mayor Cohen on his success with Caltrans. He noted
this was no small feat and indicated Vice -Mayor Cohen's efforts were to be applauded.
Councilmember Phillips expressed disappointment with regard to the fact that the percentage of
those subscribing to FRPO had not changed since December, and he encouraged Mr. Aramburu,
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through his persuasiveness, to push to reach the 50% goal by the next meeting. He was also
somewhat dismayed at the lack of postings of the agreements, noting that apparently, only five had
been posted. He requested a report from staff to verify this number and to ascertain whether
something additional could be done in this respect.
Regarding the frequency of meetings, Councilmember Phillips was not in favor of merely meeting to
placate, rather in the event of more frequent meetings, these should be for something more specific
than input, as Council was now somewhat familiar with the concerns. While he was not convinced
there should be more frequent meetings, Councilmember Phillips indicated he was not strongly
opposed to this suggestion should there be substance, monitoring and feedback to be reacted to,
such as the 50% goal and the posting of notices.
On reading the staff report and listening to Councilmember Miller's remarks, Councilmember Heller
stated she believed quarterly to be too soon, as she did not envision any great differences or
movement. In perusing the Rent Survey submitted by Mr. Michael Burke, which covers 1999 to
2002, she noted the rental advertisements had doubled; therefore, she believed a lot depends on
the market because if rental apartments are available, this helps to depress the rents. She favored
six month reporting at this point, to follow the trend a little more. With regard to health issues, she
did not believe meetings were necessary, rather a telephone call or note to the City would engender
immediate action.
She confirmed having received the letter from Ms. Holt -Clement of Head Start, and stated it would
be followed up very closely.
Vice -Mayor Cohen reiterated his remarks as quoted by Ms. Perez Teran to the effect that progress
is made only when there is persistence in shining the light of day on it, and he believed that should
there be any hope a voluntary agreement will work, a public discussion acknowledging those who
comply and those who do not is necessary. He concurred with Councilmember Miller in
appreciating all those who took the time to come and talk to Council this evening concerning the
issues, problems and challenges they face, which Council may or may not be aware of. He
indicated it also does not hurt to remind the public at large, noting members of the Press were
present, who help in this regard. He believed that Council reviewing this issue periodically helps to
keep it on the public agenda.
Vice -Mayor Cohen shared the concern relating to signage and was disappointed more progress had
not been made. He believed that in arguing this be a voluntary agreement the case was made that
the market would play in its favor, i.e., if tenants were aware building owners had signed the
agreement and were in compliance, they would look for apartments in those buildings first; however,
if the buildings are not posted and no one is aware the owners are complying, this negates the
chance to ascertain whether or not it works.
Vice -Mayor Cohen suggested that consideration should at least be given to sending a letter to those
property owners who have signed the agreement, requesting them to again consider posting notices
in those buildings apprising tenants of the fact they had signed the agreement. He believed this is a
step the City could take with relatively small effort. He believed a letter from Mayor Boro, staff or the
City Council, to the effect that this is an issue of concern and the City would like to see landlords
display the notice proudly could raise the numbers of signatories to over 50%.
Concurring with a previous speaker's remarks that it is not those who agree that are the problem,
rather those who have not signed. He was not sure what steps the City could take to move it
beyond 43%; however, it was somewhat disconcerting that there has been no movement of late. He
believed that in a softer rental market, more landlords would be willing to sign the agreement, since
it would not be so much of a burden in that rents would not be raised by 10% annually anyhow.
Vice -Mayor Cohen indicated his pleasure at achieving some movement from Caltrans and receiving
their compliance as now at least there is a public landlord adhering to the program; however, he
would like to see more progress in raising this figure. He noted the importance of keeping this issue
in the public eye and keeping the City reminded of the importance of trying to find solutions, and
believed it would not hurt to have a report back on this issue in September.
To this end and to provide more purpose and definition to the next meeting, Vice -Mayor Cohen
suggested sending a letter to the participants. He indicated it could be ascertained in the next three
months whether more than five building owners had agreed to post their buildings. Having overall
market information and some anecdotal market information would be beneficial in ascertaining what
is happening, particularly in the Canal neighborhoods, where a lot of these problems have been
identified, compared to the markets in San Rafael and Marin County generally. He believed this
would be useful information and could throw a different light on the situation.
Vice -Mayor Cohen noted the property owners had worked hard at this and hoped if, through Mr.
Aramburu, they could learn the City remains interested in this issue and is looking for more progress
than has been evident in the last six months. He hoped that, perhaps a report could be forthcoming
in September to the effect that the 43% had moved closer to 50%.
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Noting the main request this evening was to return in three months to evaluate the situation, Vice -
Mayor Cohen indicated he did not think this too much to ask.
Councilmember Miller moved and Councilmember Phillips seconded, to accept the report with
provisions to include:
1) Future quarterly meetings;
2) Sending a letter to FRPO participants requesting they post their buildings; and
3) Mr. Aramburu to submit survey results regarding rents in the Canal Neighborhoods.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
CITY MANAGER'S REPORT: - FILE 9-3-11
12. a) Grant Writing/Fundraising: - File 9-3-66 x 9-3-65
City Manager Gould reported progress on the Grant Writing/Fundraising front. He indicated that
as may have been gleaned from his Weekly Report, the Community Services Department is
very happy to have succeeded in securing $250,000 towards the proposed joint skatepark at
McInnis Parkway. This, he stated, leaves support from the Marin Community Foundation the
final remaining element. He reported it was staff and Community Services who wrote and
shepherded the application through the County bureaucracy and the City is very happy to be in
a position to provide this as an additional contribution from San Rafael, to make a magnificent
joint skatepark a reality in the near future.
b) MTC (Metropolitan Transportation Commission): - File (SRRA) R-103
City Manager Gould reported very positive indicators from the Metropolitan Transportation
Commission that San Rafael will likely receive somewhere in the vicinity of $900,000 for the
Entryway and Beautification Improvements for the Canal/Medway/Belvedere intersection, to
create a far superior entryway into the Canal neighborhoods. Mr. Gould explained this is the
work of Richard Landis, Public Works, Redevelopment, Planning and others, and the indicators
are very positive that a large amount of funding will be secured and will be matched with the
Redevelopment Bond monies to do something quite impressive at that intersection.
Regarding the Canal Entryway and the figure of $900,000, Councilmember Phillips recalled
having received three alternatives and inquired which of the three this figure would fund. City
Manager Gould stated it would be a fourth alternative not yet seen by Council. He explained
that as the residents and Council were so enamored of option 3, some elaborate landscaping
and hardscaping was carried out which made a real difference. He believed staff's idea was to
limit the area of the improvements to that critical intersection where Belvedere, Medway and
Canal all come together, and make a major statement with whatever funds are available. He
stated that although it does not extend as far as staff would have liked, it still makes a major
statement at that entryway.
Public Works Director Dave Bernardi concurred and explained that the remainder of the work
from Francisco Boulevard to Belvedere Street would be a Phase II, and because funding has
been secured for this particular part of the work, obtaining Phase II is more hopeful than coming
in with a cold project. Mr. Bernardi indicated that staff was requested to limit the scope of the
work because some of the funding needed to be distributed to other jurisdictions; however, it
was acknowledged and accepted that staff would return for Phase II.
c) Proposition 14 Library Grant Applications: 9-3-61 x 9-3-65 x 116
Mr. Gould stated the deadline for submission of the Proposition 14 Library Grant Applications is
June 14, 2002. This is a massive undertaking, involving the Library staff, Community Services,
Redevelopment, Planning, virtually every department is involved in some aspect of the
application, which will probably run over 1,000 pages upon completion. Mr. Gould noted this is
for over $1.2 -million in State funding, to make a very fine branch library at Pickleweed a reality.
He indicated that tonight, Council adopted a Resolution which will allow staff to make the
necessary commitments to the State. He noted the Resolution indicates the hope to at least put
the library in and renovate the existing facility, and if the fundraising is very successful and the
gymnasium can be added, this will be an added bonus. Mr. Gould stated that discussions with
the State staff who will oversee the grants making are also positive and he was, therefore,
happy with staff's progress on all of these fronts.
Councilmember Heller inquired as to a general idea of the timeline for the decision-making on
the library grant. City Manager Gould stated staff was informed that decisions are due
sometime in November and his expectation was by the end of the year. He confirmed that
when the application is filed, staff will also seek the support of legislators to ensure it receives
proper attention. He believed it would be the only grant from Marin County.
SRCC Minutes (Regular) 06/03/2002 Page 11
COUNCILMEMBER REPORTS: FILE 9-1
13.
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a) Canal Healthy Neighborhoods/Summer of Peace Program: - File 9-3-65
Councilmember Miller stated that in addition to the Dolly Nave (Bocce Garden) Dedication and
Italian Street Painting Festival on June 8, 2002, from 12:00 Noon to 5:00 p.m. there will be a Fair
by the Canal Healthy Neighborhoods at Pickleweed Park regarding the Faces project. This will
be joined with the efforts of the Summer of Peace Program. Councilmember Miller explained
that the Summer of Peace Program is an example of the Community Services Department
weaving together social, educational, and recreational services and routing them into the
community through the power of the facility that serves as a neighborhood center. There are
over fifteen programs and over twenty different agencies involved in this effort and
Councilmember Miller stated this extraordinary collaborative project would never have come to
fruition without the leadership and management of the staff of the Community Services
Department, particularly David Donery, Supervisor, Pickleweed Community Center.
Councilmember Miller stated what Mr. Donery succeeded in pulling together was outstanding.
Councilmember Miller distributed sign-up sheets listing all the programs and agencies involved.
b) Vietnamese -American Friendship Group in San Rafael: File 9-3-65 Councilmember Heller
reported that both she and Councilmember Miller, together with City staff members, including Larry
Salvisberg, Fire Chief Marcucci and Mrs. Marcucci, and Ulla -Britt Jonsson, attended the very
enjoyable Fourth Annual Vietnamese -American Friendship Group Celebration on June 1, 2002, at
the Pickleweed Community Center. She complimented Councilmember Miller on an excellent
speech delivered in English, and translated and delivered in Spanish and Vietnamese also.
c) St. Mark's School: - 11-1 x 10-5
Councilmember Phillips reported that having received the preliminary report regarding
compliance with traffic from St. Mark's School, the meeting scheduled for Tuesday morning,
June 4, 2002, has been postponed.
There being no further business, the City Council meeting was adjourned at 9:32 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12002
MAYOR OF THE CITY OF SAN RAFAEL
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