HomeMy WebLinkAboutCC Minutes 2010-11-01SRCC Minutes (Regular) 11/01/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, NOVEMBER 1, 2010 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 6:30 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein, Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn.
San Rafael Firefighters' Assn.
San Rafael Police Mid -Management Assn.
San Rafael Police Association
Western Council of Engineers
Local 1 - Confidential
SEIU Miscellaneous & Supervisory
SEW Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
City Attorney Robert Epstein announced that no reportable action was taken.
b) Public Employee Performance Evaluation — Government Code Section 54957
Title: City Manager
Mayor Boro announced that item 1. b) would be continued to the City Council meeting of November 15, 2010.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:21 PM
San Rafael Issues: - File 9-1
Commenting that City Manager Ken Nordhoff had done a great job for San Rafael, Barry Taranto wished him luck in his
new position in the City of Walnut Creek.
Mr. Taranto stated it was important that the proposed Target not display any type of discrimination.
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
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Regarding violence in the Canal neighborhood, Mr. Taranto stated that police efforts needed to focus more on keeping
those not involved safe and perhaps consider temporary restraining orders or injunctions to keep gang members away
from San Rafael.
Violent Crime: - File 9-1
Expressing concern with the increase in violent crime in San Rafael, Kevin Moore, San Rafael resident, suggested
perhaps investing in a patrol car to read license plates, as a deterrent.
Unconstitutional Wars: - File 9-1
Mary Morrison and John Jenkel, Graton, read from material regarding unconstitutional wars.
Councilmember Heller moved and Councilmember Levine seconded, to approve the Consent Calendar as follows:
CONSENT CALENDAR:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE
APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS
REQUIRED ON A PARTICULAR ITEM:
2. Approval of Minutes of Special Meeting of October 18,
2010 and Special Closed Session of October 25, 2010
(CC)
3. Resolution of Appreciation to Ken Nordhoff for Fourteen
Years of Service to the City of San Rafael (CM) —
File 102 x 9-3-11
4. Resolution Appointing a Representative and Alternate(s)
to the Marin Emergency Radio Authority Board of
Directors (CM) — File 4-13-102
6. Ordinance Amending Title 4 of the Municipal Code of the
City of San Rafael, Adopting the California Fire Code,
2010 Edition, with Amendments (and Setting Public
Hearinq for November 15, 2010) (FD) — File 1-6-4
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING ACTION:
Minutes approved as submitted.
RESOLUTION NO. 13071
RESOLUTION OF APPRECIATION TO KEN
NORDHOFF FOR FOURTEEN YEARS OF
SERVICE TO THE CITY OF SAN RAFAEL
RESOLUTION NO. 13072
RESOLUTION APPOINTING A
REPRESENTATIVE AND ALTERNATE(S)
TO THE MARIN EMERGENCY RADIO
AUTHORITY BOARD OF DIRECTORS
Passed Ordinance 1888 to print and set
public hearing for November 15, 2010.
7. Resolution Approving the Library Department Spending RESOLUTION NO. 13073
Plan and Reorganization to Implement the Special Library RESOLUTION APPROVING THE LIBRARY
Parcel Tax (Measure C) (Lib) — File 9-3-61 DEPARTMENT SPENDING PLAN AND
REORGANIZATION TO IMPLEMENT THE
SPECIAL LIBRARY PARCEL TAX
(MEASURE C)
8. Resolution Appointing Jim Schutz Interim City Manager,
Effective November 16, 2010 (MS) — File 9-3-11
9. Resolution Approving Use of State of California
Department of Boating and Waterway Grant Funds in the
Amount of $25,000 for a Police Department Patrol Boat
Deck Refurbishment by June 30, 2011 and Authorizing
the Mayor to Execute Contract (PD) — File 9-3-30
RESOLUTION NO. 13074
RESOLUTION APPOINTING JIM SCHUTZ
AS INTERIM CITY MANAGER
RESOLUTION NO. 13075
RESOLUTION APPROVING USE OF STATE
OF CALIFORNIA DEPARTMENT OF
BOATING AND WATERWAY GRANT
FUNDS IN THE AMOUNT OF $25,000 FOR
A POLICE DEPARTMENT PATROL BOAT
DECK REFURBISHMENT BY JUNE 30,
2011, AND AUTHORIZING THE MAYOR TO
EXECUTE GRANT CONTRACT
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10. a) Resolution Approving Use of State of California Office
of Traffic Safety Grant Funds in the Amount of
$44,000 for a "Sobriety Checkpoint Mini -Grant
Program" Enforcement Campaign from November 1,
2010 through September 6, 2011 (PD) — File 9-3-30
b) Resolution Approving Use of State of California Office
of Traffic Safety Grant Funds in the amount of
$2,662.40 for a "Click it or Ticket Mini -Grant Program"
from November 15, 2010 through June 6, 2011 (PD)
— File 9-3-30
a) RESOLUTION NO. 13076
RESOLUTION APPROVING USE OF
STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY GRANT FUNDS IN
THE AMOUNT OF $44,000 FOR A
"SOBRIETY CHECKPOINT MINI -GRANT
PROGRAM"ENFORCEMENT
CAMPAIGN FROM NOVEMBER 1, 2010
THROUGH SEPTEMBER 6, 2011
b) RESOLUTION NO. 13077
RESOLUTION APPROVING USE OF
STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY GRANT FUNDS IN
THE AMOUNT OF $2,662.40 FOR
"CLICK IT OR TICKET" MINI -GRANT
SEATBELT EDUCATION AND
ENFORCEMENT PROGRAM
NOVEMBER 15, 2010 THROUGH JUNE
6, 2011
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar for discussion, at the request of staff.
5. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF
THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.14, 12.16, 12.20, 12.26 AND 12.28
THERETO, AND ADDING CHAPTER 12.13, ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2010
EDITION, WITH AMENDMENTS, THE CALIFORNIA BUILDING CODE, 2010 EDITION, WITH
AMENDMENTS; THE CALIFORNIA MECHANICAL CODE, 2010 EDITION, WITH AMENDMENTS, THE
CALIFORNIA PLUMBING CODE, 2010 EDITION, WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL
CODE, 2010 EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY MAINTENANCE CODE,
2009 EDITION, WITH AMENDMENTS. ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR
THE FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO
THE 2010 CALIFORNIA BUILDING CODE AND 2010 CALIFORNIA RESIDENTIAL CODE (AND SETTING
PUBLIC HEARING FOR NOVEMBER 15, 2010) (CD) — FILE 1-6-1 x 1-6-2 x 1-6-3 x 1-6-5 x 1-6-6 x 1-6-7
Community Development Director Bob Brown reported that this was the adoption of the 2010 Building Codes.
He explained that the proposed ordinance was a combination of an ordinance and resolution, previously the
Green Building Ordinance, which resulted in a few duplicative sentences. Directing the City Council's attention
to page 31 - INCENTIVES and EXCEPTIONS — he explained that all of the Incentives and the first section of
Exceptions were repeated on pages 31 and 33, and therefore, staff suggested that these be struck from the
ordinance to be presented at the public hearing on November 15, 2010
City Attorney Robert Epstein clarified that staff would also add numbers to these sections and because this was
a code adoption by reference, the public hearing on this type of ordinance adoption would be held at the
second meeting — November 15, 2010 — rather than the first, and was the reason for placing the item on the
Consent Calendar this evening.
Councilmember Brockbank moved and Councilmember Connolly seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1889 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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SPECIAL PRESENTATION:
11. PRESENTATION OF RESOLUTION OF APPRECIATION TO KEN NORDHOFF, CITY MANAGER, FOR
FOURTEEN YEARS OF SERVICE TO THE CITY OF SAN RAFAEL (CM) — FILE 102 x 9-3-11
Mayor Boro explained that Ken Nordhoff, City Manager, was leaving San Rafael to assume the position of City
Manager for the City of Walnut Creek and, although it was sad to see him leave, everyone was very pleased to
see him advance in his profession, and wishing him well, he commented that Mr. Nordhoff had a lot to bring to
Walnut Creek.
Mayor Boro quoted from the Resolution of Appreciation:
"Whereas, Ken Nordhoff embarked upon his San Rafael journey from Monrovia in 1996, first as Director of
Administrative Services, then as Assistant City Manager in 1998, and was named City Manager in December
2005; and
Whereas, Ken Nordhoff has always conducted himself with grace and humor, in sharp contrast with his widely
held and apparently deserved reputation for solemnity; and
Whereas, Ken Nordhoff has been a source of compassion and reason during this unprecedented period of
economic contraction, working tirelessly with the community and the City Council to preserve the essential
services so valued by City residents; and
Whereas, Ken Nordhoff's inclusive leadership style resulted in an exceptional period of outreach to and
collaboration with San Rafael's residents, neighborhood groups, the business community, regional partners and
City employees."
He indicated the resolution also discussed the many projects successfully completed under Mr. Nordhoff's
leadership.
"Whereas, Mr. Nordhoff (his preferred form of address) leaves behind an organization with its vital services
intact, a highly effective system of communication linking the community and City Hall, and on fundamentally
sound financial footing, all rare accomplishments during an era of shrinking revenue and reduced expectations.
Now, therefore, be it resolved, that the Mayor and the City Council of the City of San Rafael hereby express
their profound gratitude to Ken Nordhoff."
Thanking Mr. Nordhoff for his many years of service, Mayor Boro commented that he and Ken had worked
closely together for the past five years. He respected Ken for his thoughtfulness, kindness and concern for
everyone he deals with, including his tolerance of the City Council on most occasions.
Reporting that City employees honored Ken at a luncheon on October 27, Mayor Boro invited all to attend a
reception at New George's on Thursday, November 4, 2010 from 4:00 — 6:30 p.m.
Mr. Nordhoff stated he deeply enjoyed his fourteen years with the City of San Rafael and being involved in so
many different projects, programs and tasks, and the inherent richness of having the opportunity to work with
community leaders and various City Councils, commenting that he would be remiss if he did not give deference
to City staff. As one of approximately 400 serving the community, Mr. Nordhoff stated he did not see or know
much about most of what was done, which was a testament to the quality, character and integrity of the City of
San Rafael employees. While the management team was exemplary, employees across the organization were
outstanding, making it difficult to leave. Expressing thanks, he also thanked Shawna, his wife, for her support
over many years.
Rav Lorber stated that he and Carolvn Lenert represented multiple organizations in North San Rafael and were
grateful for the opportunity to express their appreciation for the work Ken Nordhoff had done in North San
Rafael.
Carolyn Lenert read a letter to be presented to Mr. Nordhoff
"Ken Nordhoff is exiting his role as San Rafael's City Manager. We will miss him and wish him well in his new
position. Walnut Creek has gained an accomplished administrator and knowledgeable financial manager. He
will be an asset to their community as he has been to ours!
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As San Rafael City Manager, Ken Nordhoff has been responsive to all of our needs here in the neighborhoods
of Mont Marin, Montevideo Terrace, San Rafael Park and Santa Margarita. He always took the time to listen to
our concerns and help us with our issues.
His monthly City Manager meetings were a big help in increasing communication and understanding of the
various cultures, needs and interests of this very diverse city. Ken's attention to teamwork and communication
have made a great difference — together with rapid response to phone calls, open door policy with productive
office visits, the monthly City Manager's Meetings and the always informative weekly `Snapshot.' And, who can
explain the City Budget as well as Ken?
As we think back upon the times when his leadership inspired us — Safe Passage along Lucas Valley Road,
police action to minimize the vandalism and burglary in our area, CERT, the Planning Academy, Measure I
Paramedic Tax Renewal presentations, park improvements, the Las Gallinas Avenue speed limit project, the
AT&T cell phone tower in our Open Space, vegetation management in our wildland urban interface, graffiti
removal, City/County relations, roadway repairs, bike lanes, ADA compliance and correcting building code
violations — to name a few -- we will long remember how valuable he has been to our North San Rafael
neighborhoods. We thank you and wish you Bon Voyage!"
Thanking Ms. Lenert and Mr. Lorber, Mr. Nordhoff stated it was a great honor to accept the letter. He
commented that he was in this line of work because of his like for public service where there was a lot to give
and receive, and it was great to be able to collaborate with neighborhood leaders to accomplish so many
things.
Mayor Boro paused the City Council meeting to honor Mr. Nordhoff at a reception in City Hall lobby
OTHER AGENDA ITEMS:
12. CONTINUED FROM MEETING OF 10/18/2010 - INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN RAFAEL ADDING NEW CHAPTER 10.90 TO THE SAN RAFAEL
MUNICIPAL CODE RELATING TO MASSAGE THERAPY PRACTITIONERS AND ESTABLISHMENTS —
(CA) — FILE 9-10-3 x 9-3-30 x 9-3-16
Note: Public Hearing was closed on October 18, 2010
Matter for City Council deliberation and action.
Deputy City Attorney II Lisa Goldfien stated this item was continued from the City Council meeting of October
18, 2010. She recalled that the ordinance proposed new regulations for massage practitioners and
establishments to go into effect on March 1, 2011. Practitioners would be required to obtain a California
Massage Therapy Council (CAMTC) certification and business owners would be required to obtain a form of
permit for operating their business.
Ms. Goldfien reported that the City Council took public comment and closed the public hearing on October 18,
2010; however, decided to continue the matter to resolve a few outstanding issues. A new draft of the
ordinance was attached to the staff report which highlighted changes made since the last meeting.
With regard to the request for an exemption for students of massage from a local school whose students train
at a downtown massage establishment in a formal, supervised program, Ms. Goldfien reported that a new
exemption had been added at 10.90.150 G. which essentially requires that the students be enrolled, the school
ran a supervised internship or training program and that the students were performing massage at a massage
establishment authorized to operate in San Rafael. Additionally, the operator of a massage establishment
would need to report to the City the identity of the students and when they would be training ahead of time and
Ms. Goldfien stated it was her understanding that this would be workable for those requesting the exemption.
Regarding the recurring issue of neon signs, Ms. Goldfien reported that, as mentioned at the last meeting, neon
signs are currently regulated under the Sign Ordinance. Mr. Brown determined that the only way neon signs
could be allowed was with an approval and recommendation by the Design Review Board; however, at this
time a lot of businesses downtown used neon signs and the City had not been actively enforcing regulations.
Until such a uniform effort was made to enforce the sign ordinance against neon signs, staff believed it
inappropriate to take action against massage businesses.
With regard to requests to include a grandfathering provision that would allow some practitioners who had been
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established massage therapists for a certain number of years to be exempt from the ordinance on the basis of
prior qualifications, Ms. Goldfien explained that for some who attended massage school many years ago it
could be difficult to obtain proof of education in a satisfactory form for the CAMTC. Staff recommended against
a grandfathering provision because it would be too difficult to establish a meaningful criterion to apply that
would not allow abuse of the regulation. Ms. Goldfien stated that the City, especially now, would not be in a
position to determine the qualifications of these practitioners.
Having spoken with members of the CAMTC, Ms. Goldfien reported they indicated there were a couple of
alternate routes for obtaining certification other than the 250 or 500 hour requirements:
• Establish a record of work experience for a couple of years, subsequently taking a national
examination;
• Obtain a conditional certification that permits additional schooling over a limited period of time to obtain
formal certification;
• A professional standards division, currently in operation at the CAMTC, independently looks at difficult
applications, assessing qualifications to determine whether they have been comparably met.
Given the difficulty in formulating an exemption of this type and with the other options available to practitioners,
Ms. Goldfien stated that for now at least, it was better not to include an exception.
Regarding the issue of enforcement, Ms. Goldfien explained she had included in the staff report some likely
scenarios for administrative enforcement which would involve warnings, citations with fines that would be
established by the City Council, and for more serious or frequent violations, suspension and/or revocation of
the business permit.
Ms. Goldfien explained that over the next year, staff would attempt to implement enforcement by conducting
proactive inspections at an administrative level — Fire, Business Operation and Code Enforcement inspection.
Additionally, as resources allowed, police would conduct undercover operations designed to uncover some of
the more serious violations.
Ms. Goldfien stated that, at this point staff believed it could be beneficial for the administration of the ordinance
to be done at an interdepartmental level so that some of the more administrative measures could be enforced
by departments other than the Police Department, thus allowing police to devote their resources to more
serious enforcement measures. Staff would report back to the City Council in one year, or six months, if the
City Council preferred, on the success recorded, together with recommended amendments to the ordinance.
Ms. Goldfien clarified that as the public hearing was closed on October 18, 2010, public comments on the
entirety of the ordinance was not necessary.
Mayor Boro clarified that the City Council would not take full public comment on the ordinance; however, the
public could speak, particularly on the four items discussed by Ms. Goldfien, as well as on issues of clarity.
Councilmember Brockbank inquired whether the City's Business License Division's database could be
accessed to ascertain the number of massage therapists.
Mr. Nordhoff confirmed that the database, including both practitioners and storefronts, was in the 60-70 range.
On the question of how long these practitioners had held a business license with the City of San Rafael
Councilmember Brockbank indicated his guess was probably less than a half-dozen would have difficulty with
records. Believing the CAMTC would probably have better records he inquired whether staff was confident that
someone practicing massage for twenty or thirty years would not be precluded from practicing because of their
inability to provide records.
Ms. Goldfien stated she believed the CAMTC would have better records and as the ordinance would not take
effect for a few months, staff would be in a position to determine the types of problems occurring. She
commented that the CAMTC would discuss this issue again at their November 9, 2010 meeting.
Regarding the request to remove the word "bodywork" from the list of items, Councilmember Brockbank
inquired whether removing that word would create too large a loophole for some of the problems staff was
attempting to exclude with the ordinance.
Ms. Goldfien clarified that the definition in the ordinance was unchanged and had always included the term
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"bodywork." She believed the operative provisions were the description of the activity rather than the name; it
was intended to cover therapists using touch. Attempting to distinguish those using some touch from those not
using very much would make it easy to get around the ordinance. She explained that the term was originally
included as a result of community meetings with the message therapy community.
With regard to neon signs Mayor Boro stated that, while he understood enforcement needed to be uniform, he
suggested perhaps it could begin in residential neighborhoods.
Responding affirmatively, Mr. Brown stated that primarily those in question were typically "Open" signs which
covered a gamut of different types of business establishments in neighborhoods.
Mayor Boro requested that staff give consideration to this issue when the ordinance was returned for final
reading.
Jonathan Frieman reiterated his request for removal of the term "bodywork." He discussed the issue with
Councilmembers Levine and Connolly and particularly thanked Councilmember Levine for the more than
amiable discussion. For principle and integrity, even if the ordinance contained the word "bodywork"
previously, he believed changes could be made to allow for more integrity and professionalism. He projected
that people would go underground because of the difficulty in obtaining certification.
Steve Patterson, San Rafael resident, questioned what made San Rafael such a magnet for these legitimate
and illicit businesses when so many businesses were leaving the City. As many had observed, massage
studios were thriving in San Rafael with many suspecting that a number had become front operations for
prostitution activities. While there had been numerous opportunities for the public to comment, an ordinance
seemed to be evolving that would make it much more difficult to practice legitimate massage therapy while at
the same time not having the teeth to shut down or impact any prostitution operations. Mr. Patterson stated
the difficulty was that these illegitimate operations were not run by massage therapists, rather by entrepreneurs
who could easily navigate around bureaucratic requirements. He commented on how profitable these
illegitimate operations were and how they could thrive whatever their location.
Mr. Patterson stated that to view these operations as being run by massage professionals was a mistaken
perspective and the entire ordinance was crafted around viewing even illegitimate operations as being run by
massage people, which they were not. He indicated his belief that once in effect, not one illegitimate operation
would be shut down because of the ordinance and the degradation of downtown would continue as more of
these operations continued to migrate into the downtown core. If passed, Mr. Patterson believed the ordinance
would be ineffective; it required a broader perspective and larger view of what needed to be addressed.
Barry Taranto stated he had noticed more "Open" neon signs popping up in the last year in different areas of
the City and was not surprised the City began to tackle the issue. Expressing appreciation for staff's
interpretation he believed the issue was being handled well by making it a zoning issue.
Fritzi Schnel, massage practitioner in San Rafael, thanked Ms. Goldfien for her due diligence in studying the
issue of people who had practiced for many years and could have a problem, and she hoped the state would
research the fact that those schools from 1979/1980 which were no longer open were actually state -certified at
that time.
Having faith that she would not have to leave San Rafael, Ms. Schnel stated she believed she had represented
herself to the state very creatively by submitting personal and professional references from physicians and
chiropractors from whom she had received referrals, together with emails from schools who indicated they did
not have databases going back to 1981.
Ms. Schnel stated that the legitimate practitioners she represented, for the most part, would not be affected by
the ordinance and she completely supported it.
Councilmember Connolly thanked Ms. Goldfien for her hard work on the ordinance. He stated his sense was
that through the ordinance the City was moving towards addressing a perceived serious problem in the
community. He indicated he would monitor the ordinance at six and twelve month intervals after its adoption to
ascertain how it played out in terms of effectiveness on one hand, and the burden on legitimate practitioners on
the other.
• On the issue of including "bodywork" in the definition, Councilmember Connolly noted the potential risk of
having an over -inclusive ordinance, by capturing a wide body of practitioners that perhaps went well
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beyond what was intended;
• Regarding a potential loophole and hence an instance where the ordinance could be under -inclusive,
Councilmember Connolly stated it excluded sole -proprietorships. He indicated he would be monitoring
whether situations existed where in effect entrepreneurs or businesses reconstituted over night into sole -
proprietorships. While it was difficult to know whether this would be an issue, he believed it should be
monitored.
Ms. Goldfien clarified that, while the ordinance did not exempt sole practitioners, it exempted them from a
couple of requirements about the operations, such as curtains, etc.
Councilmember Connolly stated sole proprietorship was how the business was formed, i.e., whether the person
was there alone, and he believed it set up exemptions for some of the key provisions.
Councilmember Brockbank stated he would be looking carefully for the review in six months as he was
concerned about both issues on which the City Council had received letters in the last couple of days. He
indicated he was hopeful that a comparison of the current number of licensed massage therapists versus six
months hence would be available as he would like to know whether people went underground.
Following up on Mayor Boro's question regarding enforcement, Councilmember Brockbank stated that, while he
was cognizant of the fact that selective enforcement of massage parlor neon signs was not possible, he
questioned whether complaints could be investigated as to the legitimacy of a neon sign's permit, without its
being considered improper selective enforcement.
Ms. Goldfien stated she believed there could be a challenge on the basis of selective enforcement even if
purporting to be only responding to complaints because of dealing with the content of the signs in some cases.
While uniformly responding to complaints on signs and taking enforcement action could be acceptable, it was
her understanding that complaints would not be responded to at all at this time.
Noting a lot of usage of neon signs in San Rafael, City Attorney Rob Epstein stated that entertaining complaints
could produce many from different sources, not just massage parlors. Other than the symbolism of the "Open"
signs on massage parlors, he was not aware of the community's registering a negative response to the general
use of neon signage downtown.
Referring to Mr. Patterson's comment regarding a huge influx of massage establishments, both legitimate and
illegitimate, to San Rafael, Councilmember Brockbank stated that legitimate could be attributed to an increase
in demand for massage; however, if illegitimate, he questioned why in San Rafael. While this could be the
result of other cities' tightening up it could also be that these were sophisticated entrepreneurs used to
circumventing bureaucracy who could also circumvent this ordinance.
Having questioned the Marin District Attorney on why these cases were not being prosecuted, Councilmember
Brockbank reported Mr. Berberian indicated that juries did not convict such cases. Suggesting a new balance
was needed he noted a growing outrage over the perception of an increase in massage establishments,
presumably most of which were illegitimate, and as that outrage continued to spread, he considered perhaps
the willingness of Marin County juries to convict would rise.
Stating that the aim of the ordinance was administrative enforcement rather than criminal prosecution, Mr.
Epstein believed the strength of the ordinance, the product of tremendous effort by Ms. Goldfien working with
the state agency, were the provisions with which businesses had to comply. To the extent it was targeted at
prostitution it was not assuming that prostitutes were massage therapists. The City would now use tools with
an interdepartmental approach wherein civil inspectors could look at the objective criteria such as locked doors,
etc. With regard to the types of cases the police would be trying to make with the District Attorney, evidence
could be sought with sting operations when resources were available, and rather than presenting such a case
to a Marin County jury, it would be presented to an administrative hearing officer. The quantum of proof would
be different -- rather than `beyond a reasonable doubt', it would be clear and convincing evidence and the
administrative hearing officer would be presented with a case with facts warranting the action, including the
testimony of a police officer to support the revocation and the corresponding notice to the landowner that no
such business would be permitted at that site. Should there be evidence that the site did not have any permit
whatsoever under the ordinance, a hearing could be scheduled and a nuisance abatement issued with daily
penalties accruing that could become expensive.
Mr. Epstein stated this ordinance was the result of great work by Ms. Goldfien that staff would work together to
figure out the best way to utilize to hopefully achieve the goals set out at the outset. Staff looked forward to
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reporting back periodically on its progress
Thanking Ms. Goldfien for her work, Councilmember Heller stated that with the change in state law San Rafael
could no longer control at this level and it was up to the state to license these businesses. Noting Marin County
had no such ordinance, she suggested discussing the issue with the Marin Managers.
Regarding the burden of a new law, Mr. Epstein stated it would be staff's expectation over time because of the
new state law and CAMTC certification requirement that most jurisdictions would move in this direction. Ms.
Goldfien's work had been recognized as groundbreaking and he believed others would follow. He expected
that to the extent it was a burden, it would be a burden likely to be imposed by cities throughout California, if not
in the near future, over the next couple of years.
Expressing appreciation for Ms. Goldfien's work, Councilmember Levine believed there was a genius in using
administrative procedure to do what criminal procedure had not been able to accomplish for San Rafael and he
appreciated its application. As to why in San Rafael, he noted that a lot of businesses chose San Rafael, for
which he was proud. The ordinance presented an opportunity to measure the impact of using these
administrative procedures and to ascertain how they impacted the number of licenses, together with the
perception or reality of the illicit practices in some massage parlors. Councilmember Levine expressed
appreciation to Fritzi Schnel for returning this week and discussing her support for this ordinance even though it
could present her with some professional hurdles. He invited her to stay in San Rafael and communicate how
the procedure went for her.
Commenting of Mr. Frieman's comments concerning their discussion, Councilmember Levine believe it more
than appropriate to repeat how much he valued Fritzi's testimony to the City Council as a practitioner of
massage therapy and how that was the overwhelmingly strong argument for him to support the ordinance.
Regarding neon signs, Mayor Boro stated he still believed that a complaint regarding an "Open" light in a
window in a residential neighborhood at 9:00 p.m. should be pursued.
Mr. Epstein stated it depended on the definition of a residential neighborhood and which zoning districts were
being referred to.
Noting Ms. Goldfien did a good job of outlining the process in the staff report, Mr. Nordhoff stated staff would
return to the City Council outlining how this process would be implemented. With a period of time before the
ordinance became effective and a further period of implementation, staff would take a longer view of how this
would unfold over the next twelve months.
Mayor Boro stated that the use of an administrative hearing to pursue some issues in lieu of the District
Attorney's opinion would be helpful. He indicated he agreed somewhat with Mr. Patterson's comments that
staff did not go to the trouble to write the ordinance because legitimate people practicing massage therapy
were causing the City problems, rather because of an increase in illicit activities associated with this type of
work; the City had to demonstrate that someone operating in an inconsistent manner would be pursued
criminally and administratively. He commented that having to attend hearings, post bail or receive fines on a
daily basis could make people decide to take their business elsewhere. Mayor Boro stated the goal was to
reduce the amount of criminal and related activities.
The title of the ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DELETING SAN RAFAEL
MUNICIPAL CODE CHAPTER 8.34 AND ADDING NEW CHAPTER 10.90 TO THE SAN RAFAEL
MUNICIPAL CODE RELATING TO MASSAGE THERAPY PRACTITIONERS AND ESTABLISHMENTS
Councilmember Heller moved and Councilmember Levine seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1890 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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13. POTENTIAL REGULATION OF SINGLE -USE PLASTICS (CD) — FILE 13-1 x 9-3-85
Indicating that this item was not for City Council action this evening, Community Development Director Bob
Brown explained the intention was to provide direction to staff on whether to pursue one or both of the issues
addressed in the staff report regarding single -use plastics. Staff was not seeking solutions this evening, rather
whether to embark on public processes to address these concerns. Before summarizing the options laid out in
the staff report Mr. Brown explained that Stuart Moody, Green Sangha, would make a brief presentation on the
problems with single -use plastics and Maureen Parton, Aide to Marin County Supervisor McGlashan, would
provide an update on the actions Marin County intends to bring forward.
Stuart Moodv, San Rafael citizen, reported that Marin County and the Joint Powers Authority (JPA) adopted a
goal of zero waste and he would discuss single -use plastics as one of the forms of waste that could be
stopped. Noting a lot of garbage is thrown away daily, a lot of which is not evident, Mr. Moody stated that for
every ton of waste reaching garbage cans, 50 — 70 times that amount was created prior. He explained that a
pound of waste thrown away releases carbon dioxide and air pollutants into the air. Redwood Landfill,
scheduled to close in 2025, had been receiving waste from Sonoma County since their landfill closed in 2004
and Mendecino County had to travel 110 miles to dispose of their garbage.
Considering 220,000 tons of garbage from Marin County alone go to Redwood Landfill, Mr. Moody questioned
what difference a few bags would make. As with the law of accumulation — many small things make one great
— he reported that in California 19 billion bags are thrown away annually. Quoting someone in charge of
transportation for Mendecino County "the whole system is imploding — the containers are killing us", he noted
that some in the audience had brought along some single -use containers.
Noting Mr. Brown has studied polystyrene in great detail, Mr. Moody indicated he would focus on plastic bags.
Recycling was proposed as the solution by the American Chemistry Council; however, a tiny amount was
recycled, and it cost more to recycle than throw away. Discarded bags are sometimes blown into trees, parks,
streets and into the lives of animals, and Redwood Landfill had a full-time employee solely to pick up plastic
bags. Plastic bags had been found far south and north and on the coastline.
Noting plastic bags accounted for a large amount of plastic trash, Mr. Moody reported that the Algalita Marine
Research Foundation indicated that plastic film of one type or another was most commonly identified on their
surface trawls in the North Pacific. He explained that this material was not biodegrading, rather it was breaking
into smaller pieces of still plastic, which was often toxic. Recycling had been proposed by the industry as the
solution; however, he questioned whether recycling worked with plastics. With regard to "Shopping bags
recycled by in-store programs into film and lumber", he explained this meant putting plastic everywhere in the
world, which created issues of toxicity — sawdust was not biodegradable, etc. Indicating the technology was not
sustainable, Mr. Moody stated that plastic bags and all types of plastic articles were made into plastic suits,
resulting in plastic lint going to the air, soil or water and the rag, being recyclable, to landfill. Reporting that
some recyclable material goes to China, he explained that workers are in very close contact with such
materials, sitting in its midst, which was very unlike Marin Recycling with its careful worker protection.
Summarizing, Mr. Moody explained that recycling can leave a false impression as the high diversion rates did
not reveal the full story. While Marin County was the first to meet the state goal of reducing trash to the landfill
percentagewise, 220,000 tons of solid waste is still sent every year.
Noting paper was not a great alternative, Mr. Moody reported that a recent master environmental assessment
confirmed that paper compared to plastic had more greenhouse gas emissions in manufacture and contributed
to more acidification of the atmosphere. More water was used to make paper bags, resulting in more solid
waste; therefore, throw -away paper bags was not a clean and free technology. Mr. Moody noted that factory
smoke and gasses dissolve in rain water and acid rain affects the ecosystem on the ground.
On the question of what to do about this particular issue, Mr. Moody explained that some businesses were
already taking action. While Good Earth Natural Foods, Fairfax, never had plastic checkout bags, they had cut
the use of plastic produce bags by approximately one ton annually and Whole Foods Market two years ago on
Earth Day eliminated plastic checkout bags entirely. Green Gulch Farm eliminated plastic produce bags
affecting their entire Farmers' Market in San Francisco. Noting nations were taking action — San Francisco and
Fairfax in California; - Mr. Moody reported that Bangladesh banned plastic bags; China had banned free plastic
bags two years ago and Ireland and Rwanda taxed bags. While bags were just the beginning, Mr. Moody
reported that single -use plastics were part of another entire category.
Mr. Moody clarified for Councilmember Heller that pictures he displayed identified people in China burning
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plastic material from all over the world without any facial protection
Councilmember Brockbank clarified that Fairfax citizens, not the Town Council, put the issue on the ballot by
initiative, thereby exempting it from CEQA (California Environmental Quality Act.)
Maureen Parton reported that Supervisors McGlashan and Adams had taken on the issue of single -use bags
and to this end one approach was to move from a throw -away society to one that fosters a culture of re -use.
Ms. Parton explained the model was threefold:
• Examine and understand the problem
• Convene the community and stakeholders to discuss solutions
• Take local action
Ms. Parton concurred with Mr. Moody that bags were costly, harmful to the environment, both in manufacture
and disposal, and reusable bags were reliable and available replacements. The process the County had been
following included encouragement, education and outreach to stakeholders and consumers. Follow-up action
included the development of an ordinance, grassroots outreach movement and to go beyond talk and intention
to a solution to achieve important community goals — protection of resources, reduction of waste stream and
saving local tax dollars.
Regarding plastic bags, Ms. Parton stated that the County had been examining this solid waste problem for
many years. The Hazardous and Solid Waste JPA estimated that Marin residents use upwards of 138 million
plastic bags annually, most of which end up on streets, sidewalks, waterways and waste stream. Waste
characterization studies indicated that this was equivalent to 539.87 tons, or 1,079,736 pounds of plastic bags
annually, and Californians Against Waste estimates that state residents paid up to $200 per household per year
in state and federal fees and taxes to clean up litter and waste associated with their use.
Ms. Parton reported that a hearing was scheduled on the County's proposed ordinance for December 7, 2010
with a merit hearing on December 14. The ordinance was a hybrid of a statewide model incorporating a local
enforcement mechanism:
• Prohibit retail establishments from establishing single -use plastic bags and charge a mandatory fee of
cost, not less than 5 -cents, for single -use recycled content paper bags;
• Would apply to all retailers;
• Exclude restaurants, take-out food establishments or businesses receiving 90% or more revenue from
the sale of food prepared or packaged;
• Exempt customers participating in government sponsored food programs from having to pay for a
reusable bag;
• Define specific factors qualifying a reusable bag as such
• For compliance, Agricultural Weights and Measures personnel would be present at each retail store in
Marin County to verify that scales and scanners were working.
Ms. Parton stated the legal view was that joining a ban on plastic, with a fee on paper, insulated the ordinance
from the plastic industry's challenge of a shift from plastic to paper; however, studies demonstrated a
precipitous drop in paper bag use; therefore, banning plastic and putting a fee on paper insulated against a
CEQA challenge because of achieving a clearly preferable result. Thus, with CEQA a categorical exemption
was claimed by showing a result tautologically better — moving people to reusable bags.
Ms. Parton listed actions taken in support of the zero waste goal and a ban on single -use paper and plastic
bags:
• Supervisor Charles McGlashan convened a zero waste workshop on April 18, 2006, which focused on
plastic litter and plastic bags in particular. From this workshop a Citizens' committee on zero waste
began meeting on November 8, 2006 to support local action, focusing on reuse as the main strategy.
• The Marin Hazardous and Solid Waste Joint Powers Authority (JPA) passed a zero waste resolution on
November 9, 2006.
• The Marin County Board of Supervisors passed a zero waste resolution on April 17, 2007, adopting a
goal of 80% landfill diversion by 2012 and a zero waste goal by 2025.
• A single -use bag ban ordinance working group was convened to help write a local ordinance; its first
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meeting was held on December 14, 2009. The working group met seven times, concluding in June,
2010, to come to consensus on an ordinance with an enforcement protocol everyone could live with.
The group included two elected members from each City Council - San Rafael, San Anselmo, Fairfax,
Tiburon, Sausalito and Mill Valley participated. Advocates and environmental leaders included Teens
Turning Green, Green Sangha, ireuse.com, the Eco -Mom Alliance, Marin Youth Commission and the
staff of the Youth Leadership Institute. Grocers, markets and stores included Safeway, United Markets,
Andy's Market, Good Earth Natural Foods, Whole Foods Market, Delano's Market, Mill Valley Market,
Mollie Stone's Market, Marin Farmers' Markets and Nordstrom (Nordstrom attended the organizing
meeting only but supported the concept of a shift to reusable bags). Other local markets were invited;
however, some declined to participate.
Marin County departments attending — Department of Public Works Waste Management, Agricultural
Commissioners Office — Weights & Measures and the Marin County Counsel's office.
On January 21St, 2010, Judi Shils from Teens Turning Green and Supervisor McGlashan met with the
property manager and merchants of The Village in Corte Madera, along with Corte Madera Mayor,
Carla Condon, and on February 24, 2010, Supervisor McGlashan and representatives of Green
Sangha and Teens Turning Green were featured speakers at the monthly meeting of the MCCMC
(Marin County Council of Mayors and Councilmembers), where their proposal for single -use bag ban
was very well received.
Grassroots education and outreach efforts to get businesses and consumers behind the single -use
paper and plastic bag ban by encouraging people to bring their own bags — thus began the birth of a
brand - BYOBag Marin (Bring Your Own Bag, Marin). On December 1, 2009 Marin County Supervisors
passed a resolution proclaiming the first Bring Your Own Bag Day in Marin — September 19, 2010 -
and with the assistance of Judi Shlls and her grassroots organization, Teens Turning Green, a
movement was born. Youth volunteers began one-on-one conversations with customers on the third
Saturday of each month, tabling at grocery stores, markets, street corners, festivals and farmers'
markets.
Meanwhile, Green Sangha was conducting plastic education at markets with a plastics display,
contacting businesses and going door to door to merchants urging a voluntary observation of BYOBag
Marin in their stores.
• Eco -Mom Alliance began hosting living -room parties to get Marin moms behind the bag ban.
• The Marin County Hazardous and Solid Waste JPA conducted its own education effort, giving away
14,837 reusable bags since 2007. The bags were given away at high -attendance events, such as
weekly farmers' markets, festivals and the Marin County Fair.
With regard to strategy Ms. Parton reported it was necessary to start with the grocers. While the ordinance
sought to ban bag use in all retail stores, starting with grocers was important as this was the type of store most
frequented by consumers on a regular basis.
Ms. Parton reported that the next phase of the campaign would be outreach to other retail merchants:
1) Schedule a meeting for retail stores in the unincorporated areas in spring of 2011, inviting discussion of
the ordinance at the Marin Civic Center;
2) Grocers and merchants would have the even playing field requested by encouraging all cities and
towns to pass a model ordinance effective January, 2012; and
3) A grassroots community effort to spread the message to all retail stores.
Ms. Parton reported that the County of Marin passed an ordinance banning the use of polystyrene on
November 10, 2009, effective January 1, 2010 with compliance required by July 1, 2010. The ordinance
banned the use of polystyrene food containers and required the use of environmentally -preferable materials.
Marao Hernandez, Youth Concilio, supporting Green Sangha, stated she was in favor of banning plastic bags
from markets. In picking up trash they find different bags from different stores and she believed those who litter
are not aware of the harm it causes.
Jasmin Gonzalez, Youth Concilio expressed support for Green Sangha and their efforts to ban single -use
plastic bags. She noted many plastic bags were picked up during monthly clean-ups of the Canal.
12 CC 11-01-2010
Perci Aqular, Youth Concilio, stated it would be good to prevent garbage and plastic from entering waterways.
Adolfo, Youth Concilio, stated he supported the campaign to ban plastic bags and bottles and the use of
reusable bags.
Joe Feria, Youth Concilio, stated he worked with recycling and clean-up days in the community to have better
conditions and a safer community. He agreed with the idea of only using canvas bags and disagreed with the
use of pesticides as they contaminate the air, contributing to global warming.
Expressing appreciation, Alexandra Danino, Viviendo Verde, reported that they started a campaign a year ago
with Health Initiative of the Americans from U.C. Berkeley and were also working with the Latin American
Consulate and Marin Community Clinic to bring ecological sustainability to the Latino community of the Canal,
in particular. They also worked with other groups in the Bay Area and beyond to the State of California. She
indicated they also promoted sustainable living in families and neighbors through community presentations,
training and community meetings. As their main concern in the Canal was trash, they also supported Green
Sangha and the Canal Youth Concillio.
Speaking through a translator, Laura Barranco, Canal resident and participant of the Promotores Verdes
Group, stated she was grateful for the support from the City Council to reduce or eliminate plastic bags. She
believed the solution was not in recycling because of the damage being caused to the planet and that all could
benefit by working together. Seeing a lot of plastic bags in the Canal community she commented it was sad
that it would reach the ocean affecting everyone.
Mayor Boro reported that on October 23, 2010 a celebration took place in the Canal for the approximately 40
young boys and girls who worked on the gardens within apartment complexes and he expressed thanks for the
great work being done.
Maeve Murohv, San Rafael resident, requested the City Council to support movements to ban single -use
plastic bags from all retail stores in Marin County. Through her work for a non-profit organization working to
protect marine species, she had learned about the harm discarded plastic waste does to sea turtles and their
ocean habitat. Aware of the large amounts of plastic including plastic bags escaping into the oceans, she
stated people might not be aware that the ocean along the California coast was a critical feeding area for the
highly -endangered Pacific Leatherback sea turtle, who could easily mistake floating plastic bags for their
favorite food, jellyfish. She indicated a published study concluded that one-third of adult Leatherbacks had
ingested plastic, many with fatal consequences, and that plastic ingestion by Leatherbacks is now common.
She reported that Pacific Leatherback populations declined by 95% in the last two decades; therefore it was
critical to identify and reduce threats to their health and survival.
As a volunteer for the Bring Your Own Bag Marin campaign this past year, Ms. Murphy indicated she observed
that most people understand the problems of plastic bag waste and had good intentions of bringing their own
bag when shopping; however, routinely bags remained in the car, resulting in the default behavior of accepting
another free single -use bag from the store.
Ms. Murphy stated that single -use plastic bags were a public nuisance and expense, a blight on the landscape
and dangerous and even fatal to precious marine life. They were unnecessary and she believed the harm they
caused far outweighed their fleeting usefulness. Ms. Murphy stated she looked forward to the day when these
bags were a relic from a wasteful past and she urged the City Council to make this happen.
Barry Taranto, San Rafael, recalled having previously requested the City Council to pass such an ordinance.
Residing part time in San Francisco he believed people had at this stage forgotten plastic bags existed. He
expressed concern regarding a fee for a paper bags and suggested there be a transition period before charging
for them to afford people an opportunity to procure canvass bags at no charge. Mr. Taranto also suggested
initially implementing the ban with grocery stores and large scale pharmacies. He urged the City Council to
direct staff to generate an ordinance dealing with plastic bags, perhaps also looking at Styrofoam and involving
schools.
Jerry Belletto, Sustainable San Rafael, noted there were community groups, including Sustainable San Rafael,
who were more than willing to assist the City of San Rafael with efforts in terms of outreach and community
education.
Cio Hernandez, Marin County Department of Health and Human Services, stated she served on the Steering
13 CC 11-01-2010
Committee of Viviendo Verde initiative, which had not only brought the issue to a local level to address the
health and other concerns taking care of the environment provides, but also on a state and regional level, which
has designed programs to help promote Green Promotores in San Mateo and Napa, and also presented at the
international level, bringing it to the bi-national health week initiatives through the health initiatives of the
Americas. Favoring addressing plastic bags first, Ms. Hernandez stated that, as with the tobacco cessation
initiatives, they saw tobacco debris as a gateway to litter and plastic bags as being able to change the way
people thought about taking care of the environment.
Believing the entire City Council was in favor of this effort, Mayor Boro quoted from the staff report — Item 2,
page 2 "an ordinance could be prepared banning both paper and plastic bags, allowing retailers to charge a fee
for paper bags. No EIR would be required.... It is also possible to conduct a BERST-type process to involve
other Marin jurisdictions in attempting to create a countywide approach." As the County appeared to have
started such an approach, Mayor Boro suggested staff evaluate the issue and return with a means to integrate
rather than initiate an ordinance from scratch, as it appeared a lot of the work had already been done.
Councilmember Connolly stated that, as Mr. Brown played an instrumental leadership role on behalf of the City
in the BERST effort, he believed it appropriate for the City to take a leadership role on this issue which had
widespread support in the community.
Mayor Boro stated that as a lot of the work had already been done it was a matter of steering San Rafael and
other cities through it.
Mr. Brown suggested ascertaining whether other cities were interested in participating in a joint effort with the
County.
Mayor Boro noted the County ordinance was not effective until January, 2012 which would afford sufficient time
to conduct outreach, etc.
Councilmember Connolly inquired as to the failure of the state legislation
Ms. Parton stated she understood the vote was very close with heavy lobbying by the American Chemistry
Council and plastic bag manufacturers.
Councilmember Levine reported that two different lobbying firms had been hired in the two weeks leading to the
end of the session; therefore, lobbying was extensive by the American Chemistry Council.
Noting a really good start on a local ordinance Ms. Parton welcomed participation from San Rafael.
Referring to Mayor Boro and Mr. Brown's suggestion, Councilmember Brockbank stated that as opposed to the
two fairly stark alternatives presented in the staff report about a) going it alone, or b) doing a full blown BERST-
type process, the middle road was that it could be done quickly, easily and inexpensively by determining what
other cities were interested in such an approach and joining with them without much delay, staff time or
process, because Marin County was already leading the way.
Indicating he did not wish to see the effort fail because of becoming too big, Councilmember Levine stated the
January 2012 date for a local model of AB 1998 was plenty of time. An ordinance could be passed sooner so
that stores could adopt it earlier than 2012 because they would realize they did not need to order more plastic
bags. He did not wish to see the weight of this large multi -jurisdictional effort fail and San Rafael not moving its
own ordinance forward when so much work for a local ordinance had already been prepared. He believed it
was correct to do it as multi -jurisdictional as possible; however, San Rafael was ready.
Mr. Brown stated that the issue would not be allowed to become a bureaucratic maze.
Council directed staff to pursue the issue of plastic bags and take-out food containers with other cities to the
extent possible.
CITY MANAGER'S REPORT:
14. Mr. Nordhoff reported that replacement microphone heads had been ordered for the Council Chambers.
14 CC 11-01-2010
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
15. MCCMC Pension Ad -Hoc Committee Appointments: - File 113 x 9-1
Mayor Boro reported that he had invited Councilmember Levine to be the City of San Rafael's
representative on the MCCMC (Marin County Council of Mayors and Councilmembers) Pension Ad -Hoc
Committee - Mayor Boro to be the alternate. Interim City Manager Jim Schutz, together with Larkspur's City
Manager, to be the City Manager representatives.
• U.S. Congress of Mavors Jefferson Award: - File 9-1
Reporting that it was hoped to include youth in the U.S. Congress of Mayors Jefferson Award, Mayor Boro
stated that work would continue with Canal neighborhood youth towards this effort, noting San Rafael High
School apparently did not have a volunteer program for its youth.
• PG&E Gas Pipelines:- File 9-1
Mayor Boro distributed an article from the San Francisco Chronicle regarding PG&E and gas pipelines.
• ABAG (Association of Bav Area Governments): -File 111 x 9-1
Councilmember Brockbank reported that last week's ABAG meeting featured several outstanding speakers
on topics including the state budget, housing and economics.
• Marin Kids:- File 9-1
Councilmember Levine invited those in attendance to the launch of 'Marin Kids' on November 17, 2010 at
11:00 a.m. at the Marin County Board of Supervisors' Chambers.
There being no further business, Mayor Boro adjourned the City Council meeting at 10:47 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12010
ALBERT J. BORO, Mayor
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