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HomeMy WebLinkAboutCC Minutes 2005-01-18 SRCC Minutes (Regular) 01/18/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 18, 2005 AT 8:00 P.M. Regular Meeting: Present: Barbara Heller, Vice-Mayor San Rafael City Council Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER – 7:30 PM: Vice-Mayor Heller announced Closed Session items: CLOSED SESSION – CONFERENCE ROOM 201 – 7:30 PM: 1. a) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Case Name: Neil White v. City of San Rafael WCAB No.: SFO 0478443 b) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Case Name: Mary Heaney v. City of San Rafael, et al. Marin County Superior Court Case #CV034409 Assistant City Attorney Gus Guinan announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:07 PM None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meetings of Minutes approved as submitted. Monday, December 6, and Monday, December 20, 2004 (CC) 3. Request for City of San Rafael Amicus Approved amicus participation. Participation in Filing of Brief for Petition for Review of Pocket Protectors v. City of Sacramento, California Court of Appeal, Third District, Case #C046247 (CA) – File 9-3-16 4. Resolution Authorizing the City Manager to Enter RESOLUTION NO. 11695 – RESOLUTION AUTHORIZING AN Into a Professional Services Agreement with the AGREEMENT WITH ESGIL EsGil Corporation for Building Permit Plan CORPORATION TO PERFORM PLAN Review Services (CD) – File 4-3-433 x 9-3-85 REVIEW SERVICES FOR BUILDING PERMITS 5. Resolution Authorizing Agreement Between the RESOLUTION NO. 11696 – RESOLUTION APPROVING AN City of San Rafael and Goodman Marketing for AGREEMENT BETWEEN CITY OF Use of Falkirk Cultural Center for Administrative SAN RAFAEL AND GOODMAN Office Space (CS) – MARKETING FOR USE OF FALKIRK File 4-10-345 x 2-1-49 x 9-3-65 x 9-3-84 CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE (Rental of spaces on a month-to- SRCC Minutes (Regular) 01/18/2005 Page 1 SRCC Minutes (Regular) 01/18/2005 Page 2 month basis, commencing 1/15/05) 6. Monthly Investment Report for Month Ending Accepted Monthly Investment Report for month ending November 2004, as November 2004 (MS) – File 8-18 x 8-9 presented. 7. Resolution Authorizing the Execution of an RESOLUTION NO. 11697 – RESOLUTION AUTHORIZING THE Amended Lease Agreement Between the City of EXECUTION OF AN AMENDED San Rafael and First States Investors 2208, LLC, LEASE AGREEMENT BETWEEN THE of Office Space at 1200 Fifth Avenue, San CITY OF SAN RAFAEL AND FIRST Rafael, California for the San Rafael Police STATES INVESTORS 2208, LLC, OF Department (PD) – File 2-9-22 x 2-9-24 x 9-3-30 OFFICE SPACE AT 1200 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA FOR THE SAN RAFAEL POLICE DEPARTMENT 8. Resolution Authorizing the Temporary Closure of RESOLUTION NO. 11698 – RESOLUTION AUTHORIZING THE City Streets for the Weekly Downtown Farmers’ TEMPORARY CLOSURE OF CITY Market Festival on Thursday Evenings from April STREETS FOR THE WEEKLY 7 to September 29, 2005 (RA) – File 11-19 DOWNTOWN FARMERS’ MARKET FESTIVAL ON THURSDAY EVENINGS FROM APRIL 7 – SEPTEMBER 29, 2005 AYES: COUNCILMEMBERS: Miller, Phillips and Vice-Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro PUBLIC HEARINGS: 9. Public Hearing – Consideration of: (PD) – File 4-4-6c x 9-9 x 9-3-30 a) RESOLUTION DELEGATING TO AND AUTHORIZING THE MARIN STREETLIGHT ACQUISITION JOINT POWERS AUTHORITY TO ASSUME RESPONSIBILITY FOR AND TO ADMINISTER A TAXICAB REGULATION PROGRAM; AND b) ORDINANCE OF THE CITY OF SAN RAFAEL DELETING EXISTING CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE AND ENACTING NEW CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE REGULATION OF VEHICLES FOR HIRE Vice-Mayor Heller declared the public hearing opened. Police Department Management Analyst Lynne Ohlson commented that she was hired by the City of San Rafael six years ago on Monday, January 24, 2005, and one of her first meetings with Assistant City Attorney Gus Guinan and Assistant City Manager Ken Nordhoff was to discuss the Taxicabs in the City of San Rafael. She reported that at that point the City had been struggling with the requirement from the state that mandatory drug testing take place, and the battle was again picked up on getting the County to agree this was a Countywide issue and not something each individual city had to address. Ms. Ohlson reported that through the hard work of Gus Guinan, Nena McNamara, former Revenue Supervisor, Jeanne Leoncini, City Clerk, and City Manager Rod Gould taking it to the other city managers and County, staff was finally in a position to appear before the City Council to request that the Joint Powers be established and the Marin Streetlight Acquisition Joint Powers take over the regulation of Vehicles for Hire. In order for that to take place, Ms. Ohlson stated there also was a companion ordinance that would delete the existing Chapter 10.60, replacing it with language that would be uniform throughout the County. Ms. Ohlson indicated that staff saw this as having many plusses for the City, including the fact that the City Council would no longer be called upon to determine whether there was a public convenience for a cab company to operate in San Rafael. Instead, cab companies having all of the qualifications would be able to apply and the Joint Powers could grant that without the necessity of a public hearing. She stated it would also ensure safety for the citizens using taxicab companies because the drivers would have been tested and deemed appropriate drivers in the County. She believed the companies would also benefit from this because they would only need to obtain one permit for the company. It would add permits for vehicles and for SRCC Minutes (Regular) 01/18/2005 Page 2 SRCC Minutes (Regular) 01/18/2005 Page 3 drivers; however, she believed this would be less of a problem than going before each city and trying to keep each city’s permit current. Ms. Ohlson reported that each city would still collect Business License taxation and enforce that all taxicabs were properly permitted. There being no comment from the audience, Vice-Mayor Heller closed the public hearing. a) Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11699 – RESOLUTION DELEGATING TO AND AUTHORIZING THE MARIN STREETLIGHT ACQUISITION JOINT POWERS AUTHORITY TO ASSUME RESPONSIBILITY FOR AND TO ADMINISTER A TAXICAB REGULATION PROGRAM AYES: COUNCILMEMBERS: Miller, Phillips and Vice-Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro b) The title of the ordinance was read: “AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING EXISTING CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE AND ENACTING NEW CHAPTER 10.60 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE REGULATION OF VEHICLES FOR HIRE” Councilmember Phillips moved and Councilmember Miller seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1834 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Miller, Phillips and Vice-Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro 10. Public Hearing – CONSIDERATION OF REQUEST BY MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES AND ADOPTION OF RESOLUTION AMENDING AGREEMENT SETTING RATES FOR YEAR 2005 (MS) – FILE 4-3-32 X 13-2 Vice-Mayor Heller declared the public hearing opened. Assistant City Manager Ken Nordhoff reported this was a report brought to Council annually regarding rates set for garbage service in Central San Rafael. He noted that rates in the north part of the City are set by Las Gallinas Valley Sanitary District. Mr. Nordhoff stated that staff works cooperatively with five other agencies going through a process of carrying out a full review of the company’s records, and in the off two years, what is referred to as an interim review is carried out, and adjustments are made to rate recommendations based on various indices built into the process. Reporting that the company put together an application last fall seeking 4.5%, Mr. Nordhoff stated the City Council directed staff to hire the firm used for several years, Hilton Farnkopf & Hobson, and their report was included as part of his staff report. Mr. Nordhoff stated that this firm carried out their review for what staff referred to as an “Indexed Year” and recommended a 3.4% increase. He noted representatives from the company (Marin Sanitary Service) were present; they had seen the report and were aware of the recommendations. He indicated the staff report contained details of what caused the changes and required the rate to be reduced to 3.4%. Mr. Nordhoff stated staff believed this was appropriate and the rates would take effect retroactively, from January 1, 2005. Mr. Nordhoff stated that historically, specific rates related to seniors were embedded in the rates, and at last year’s hearing, Marin Sanitary Service was requested to investigate some options. They put forth something similar to the Lifeline program from PG&E for consideration, which proposed to move away from an age eligibility requirement in favor of an income eligibility program. He indicated this was included as part of the report, specifically including those rates in the attached rate table. SRCC Minutes (Regular) 01/18/2005 Page 3 SRCC Minutes (Regular) 01/18/2005 Page 4 Councilmember Phillips noted that rates were arrived at based on certain projections, i.e., fuel costs, increases, etc. It appeared that an adjustment was made to the actual as it might vary from what was expected, and he inquired whether this was correct. Mr. Nordhoff concurred. Councilmember Phillips confirmed it was not based merely on projections, rather step 1 projections and then 2 to the actual. Further explaining, Mr. Nordhoff stated that a new baseline is reset every three years based on actual results from the company. Referring to page 2, #5 of the staff report regarding San Quentin tonnage, Councilmember Phillips inquired how this calculation takes place. Mr. Nordhoff explained that there had been a change in service in terms of what Marin Sanitary Service had been providing to San Quentin. Some tonnage amounts and costs associated with San Quentin included in the application were not part of what was franchised by the City of San Rafael nor the other five agencies; therefore, these costs were removed from the application. City Manager Gould clarified for Vice-Mayor Heller that San Quentin was in an unincorporated area. Patty Garbarino, President, Marin Sanitary Service, confirmed that San Quentin was a state contract, and was inadvertently included in the rate model. Ms. Garbarino stated she was accompanied by Ray Holmes, CFO, Steve Rosa, Operations, and her assistant, Joe Garbarino. She thanked staff for the work put into the staff report. They agreed with staff’s recommendations and looked forward to a shift in the rates towards the low- income. It was a pretty new process to them and she thanked Roger Roberts for bringing it to their attention last year. Ms. Garbarino indicated they had attempted to do this in a simple verifiable manner, not obliging Marin Sanitary Service to make the decision on behalf of the customers; hence, they used the PG&E example. She was aware there could be some concern and stated they would be happy to continue discussions provided the garbage company was not put in the position of having to make that decision. Vice-Mayor Heller stated she would like to see a report at the 2006 rate hearing on how many people took advantage of the program. Ms. Garbarino stated they would present a report on the conversion at that time. She noted the pilot program would be conducted in San Rafael, waiting a year before doing it elsewhere. Roger Roberts distributed a three-page document to the City Council and stated he was very pleased with the cooperativeness and willingness on the part of Marin Sanitary Service in considering a low and moderate-income rate benefit as part of their rate structure. Mr. Roberts noted that his comments this evening would not be new or surprising to Marin Sanitary Service. He had been in communication with them over several months, and although he had not seen the final outcome until this afternoon, he indicated they were well aware of some of the ideas he had presented and which he would present this evening. Indicating that Marin Sanitary Service had chosen to use the PG&E model, Mr. Roberts stated the chart supplied identified the maximum household incomes for one through six member households and how this created eligibility for a 20% discount program, which was similar to that proposed by Marin Sanitary Service. He stated the PG&E eligibility test was regionally based, that in his opinion was somewhat irrelevant for Marin County. Mr. Roberts stated it could be seen from a subsequent page that the 60% median income for San Francisco, San Mateo and Marin counties was much higher than that of the PG&E eligibility test. The final page was taken from San Rafael’s working draft for the Housing Element in 2002 on Marin County’s income schedule and household size relative to eligibility for low and moderate-income housing needs, and Mr. Roberts stated it also indicated that even in the very low income category, the eligibility test must be higher than that being used by PG&E for it to be meaningful in this community. Mr. Roberts suggested that the rate benefit be based upon local median income data and stated he had suggested to Marin Sanitary Service all along they should be using HUD (Housing and Urban Development) census district guidelines for San Rafael for this purpose. Why they chose to use the PG&E system he believed was just for consistency and simplicity; however, he was unsure it would be of much use to San Rafael residents living in a higher income county. Noting this was a program also designed for residential users and owners, Mr. Roberts stated he had invited Marin Sanitary Service to evaluate rate benefits for affordable housing projects known and identifiable in Marin County, either through Marin Housing Authority, EAH, or other SRCC Minutes (Regular) 01/18/2005 Page 4 SRCC Minutes (Regular) 01/18/2005 Page 5 jurisdictions having that data on file. He indicated these would be apartments and perhaps, condominiums, where some of the units are set aside for low and moderate income housing, and it was probable that those multiple housing units would have a single service rather than individual service. On how to pass on the benefit of a rate break for low and moderate income housing (multiple housing units) not receiving individual billings, Mr. Roberts reported he had suggested that firstly, these units could be identified and an agreement entered into with the property owners, whether individuals or commercial investors, to pass along the benefit to those units for low and moderate income. He stated he would like to see that feature also built into this program and did not believe it would be too difficult to do so. Mr. Roberts requested that the matter be pursued and discussed with the applicant and perhaps, rather than making a decision this evening, Marin Sanitary Service could return in a month with exactly how they might implement these suggestions. Should the applicant be willing, he suggested perhaps continuing the item in order to find a way to make it more meaningful and spread the benefit. City Manager Gould stated the City Council had three options: 1) To approve the recommendation as presented, including the PG&E based rate system for low and moderate-income people. Allow the program to run for a year and obtain some feedback on how it worked. He noted Vice-Mayor Heller had requested a report on how many people took advantage and indicated this could be provided; 2) To approve the rates, not include a rate for low and moderate income people and direct staff to work with Marin Sanitary Service to return and make a presentation to the City Council in the future along the lines of Mr. Roberts’ suggestion, or something else that would capture more people and be closer to the low and very low incomes in Marin County. Staff would have to work with the company to figure out something that was administratively feasible; and 3) To adopt Council’s idea of what the discount plan should be, making it part of the resolution. Councilmember Phillips stated his inclination was to support the proposal of staff and ascertain how it worked over a year, at which time some history could be provided that Council could reflect upon in reviewing the application of the rate structure in place. He believed it should be made possible for Marin Sanitary Service to administer the program and one-year lapse time would provide the history on which to make an informed judgment. He, stated, therefore, he would accept the recommendation of staff with the proviso that the matter be returned next year with the necessary history to perhaps, modify the program and give the company adequate time to review and reflect on a revision also. He concurred with Mr. Roberts about evaluating the income structure of the community. Concurring, Councilmember Miller favored initiating the program now rather than going through discussions and prohibiting people from taking advantage of the program. He agreed with Mr. Roberts’ comments on the question of which guidelines to use and stated that the lower-income multiple units should also be considered. In an effort not to waste any time, Councilmember Miller favored proceeding with the program at this time, simultaneously scheduling times for discussion so that by year end, something definite would be in place. Councilmember Miller thanked Marin Sanitary Service for the direction in which they were going. Gathering of recyclables and refuse was a human and health service that everyone should have the best of, and he noted that Marin Sanitary Service did provide the best and was working for the common good. Councilmember Miller stated he never ceases to marvel at the fact that Marin Sanitary Service collects more recyclables and refuse in San Rafael, and recycling 71% - 72% was a higher rate than anywhere in the world. He noted that a city in Brazil, considered the Environmental City, proudly collects 70%. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution, including developing a process to submit a report to the City Council on the status of the income eligibility program at the 2006 rate increase hearing. RESOLUTION NO. 11700 – RESOLUTION TO SET MAXIMUM RATES AND FEES FOR MARIN SANITARY SERVICE REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES TO BE EFFECTIVE RETROACTIVELY TO JANUARY 1, 2005 AYES: COUNCILMEMBERS: Miller, Phillips and Vice-Mayor Heller NOES: COUNCILMEMBERS: None SRCC Minutes (Regular) 01/18/2005 Page 5 SRCC Minutes (Regular) 01/18/2005 Page 6 ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro COUNCIL CONSIDERATION: NEW BUSINESS: 11. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING LICENSE AGREEMENTS FOR TEMPORARY ART EXHIBITS IN THE SAN RAFAEL CITY PLAZA AND ON THE LIBRARY LAWN (RA) – FILE 4-10-346 x 260 x 9-3-61 x (SRRA) R-423 Economic Development Director Nancy Mackle reported that approximately five years ago the San Rafael Redevelopment Agency Board provided a grant of approximately $300,000 to Artworks Downtown, which enabled them to purchase the building they were housed in and provide affordable housing. She indicated it was never anticipated how wonderfully successful Artworks Downtown would be and the great asset to downtown it had become, not merely in terms of affordable housing, rather as an art venue and draw to the downtown. Ms. Mackle stated that Phyllis Thelen was a big part of that success, together with her board members, several of whom were present this evening. She stated that Ms. Thelen had presented staff with the new concept of taking what normally was an interior exhibit and bring it out onto the streets. Therefore, along with her gallery exhibit, Ms. Thelen proposed to install art on a temporary basis in public as well as private properties across the City, and before the City Council were two public locations – San Rafael Library and San Rafael City Plaza. Indicating that staff was supportive of this public display of art, Ms. Mackle believed it could be a major draw to the downtown. She indicated that the art community, Artworks and the artists themselves, had an entirely different mailing list or source of people whom they could contact to invite to view the exhibits, and in this way attract new visitors to the downtown. Reiterating that the exhibits would be located in the San Rafael City Plaza and on the Library Lawn for approximately one month, Ms. Mackle stated staff proposed this be put in place on a trial basis. She indicated that City staff, including Library, Economic Development, BID (Business Improvement District) and City Council would then consider the success or otherwise, i.e., review public comments, whether it drew people to the downtown, were they nuisances, etc. , and decide whether or not to continue the program. Should the project be approved, Ms. Mackle stated the City would have a License Agreement with Artworks, which would stipulate insurance requirements, dates, legal issues, etc., and this would be approved by the City Attorney’s Office. She stated staff’s recommendation was to approve the resolution for these two locations. Councilmember Miller stated that public art was a vibrant expression and communication of the heart, core and culture of the community, and being so vibrant, it always involved controversy; therefore, the communicative value alone was outstanding. Expressing pleasure that this was brought forward, he explained that when the original Downtown Visioning was conducted, public art was seen as giving even additional FAR (Floor Area Ratio). and while it was not included in the final document, he believed it was a driving force. Councilmember Miller stated that there are programs in terms of public art in General Plan 2020 and it was now institutionalized in San Rafael. Councilmember Miller believed the location at the Library and size of the structure were perfect. In terms of the San Rafael City Plaza, he believed public art would draw people; therefore, rather than locating the exhibit nearer the street, he favored having it further in to bring people into the Plaza, making it more alive. Regarding the size, Councilmember Miller stated there could be a visual effect in terms of adjacent businesses, and although not a big problem, further into the Plaza would be more advantageous in enticing people in. He clarified he was not offering this as a condition, rather a suggestion. Vice-Mayor Heller invited Phyllis Thelen to elaborate on the program in other areas of the City. Phyllis Thelen, Mountain View Avenue, San Rafael, reported that in addition to the Pagodas in the Plaza and Spinning Angel on the Library lawn, there were four other installations:  In the garden at Artworks. This was a garden installation by two women who had put a flight of approximately 100 red birds in the trees. The BBQ was turned into an altar where people could put a pebble into a container and make a wish. It was an ongoing activity.  At the Mammoth Gallery, between C and D Streets, an exhibit by well-known artist SRCC Minutes (Regular) 01/18/2005 Page 6 SRCC Minutes (Regular) 01/18/2005 Page 7 Annie Leonard. This is an interactive exhibition of approximately 20 - 2’ x 8’ gauze hanging panels, and the interactive activity allows the burning of small holes in the gauze with incense in memory of lives lost. She noted there would be no open flame. She stated they were pleased that Mammoth made their gallery available for that during the month of February.  An installation by famous artist David Best, known for his Burning Man structures and decorated cars, now in the DeRosa Preserved Museum. Ms. Thelen explained that Mr. Best had always been in community art where people were involved, and the decorated cars resulted from everyone bringing something to stick on until the entire car was covered. She indicated that Mr. Best particularly wanted to be in the Canal; however, as Pickleweed Park would be under construction, Bellam Produce was delighted to have the structure built. It was a chapel that would be in front of the building and would be approximately 30’ high. There would be a three-day construction period of the chapel so that the people in the community could be engaged in the process of building it. It would be interactive in the sense that people could sit down and light a candle. There would be an altar and pew and Mr. Best would like to locate a young priest who might wish to conduct a service there. Because these are temporary art exhibits and very typical of the Burning Man type structures, Ms. Thelen stated they could be vandalized, etc., and the artists had agreed to hold the City completely harmless. Being a process, they wished to observe the reaction and engage people. Ms. Thelen stated the San Rafael staff had been incredible, with great help from Nancy Mackle and Brian Auger, and she invited all to attend the opening on Thursday, January 20, 2005. She noted the other structures would begin to be erected on February 1, with activity all month long. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11701 – RESOLUTION AUTHORIZING THE TEMPORARY INSTALLATION OF TWO ART PIECES AT SAN RAFAEL CITY PLAZA AND THE LIBRARY LAWN FROM JANUARY 25 – FEBRUARY 26, 2005 AYES: COUNCILMEMBERS: Miller, Phillips and Vice-Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro CITY MANAGER’S REPORT: 12. None. Vice-Mayor Heller invited Mr. Gould to comment on the meeting he attended this evening. Federation of San Rafael Neighborhoods: - File 9-3-11 City Manager Rod Gould reported having attended a meeting of the Federation of San Rafael Neighborhoods this evening at which he described the City’s financial condition and sought suggestions from the residents in attendance. He indicated he would be happy to brief the City Council later on the suggestions received. COUNCILMEMBER REPORTS: 13. None. There being no further business, at the request of Councilmember Miller, the City Council meeting was adjourned at 8:46 p.m. in memory of Doctor Martin Luther King, Jr., whose life and death was for peace and social justice. Vice-Mayor Heller announced that a Special Study Session of the San Rafael City Council would commence at 9:00 p.m. in the Third Floor Conference room to discuss the 2005-2007 budget. ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2005 SRCC Minutes (Regular) 01/18/2005 Page 7 SRCC Minutes (Regular) 01/18/2005 Page 8 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 01/18/2005 Page 8