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HomeMy WebLinkAboutCC Minutes 1993-07-19SRCC MINUTES (Regular) 7/19/93 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 19, 1993, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 93-13(a) - #1 - De Anza Assets, Inc. vs. City of San Rafael No. 93-13(b) - #7 (City Council reconvened in Closed Session at the end of the City Council Meeting) No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 19, 1993, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: TREE TRIMMING COMPLAINT - File 100 x 11-6 Louise Wilson, resident of 1130 Mission, the "Old Mission Mansion"; stated her goal in speaking to the Council tonight was to save a tree that was over 100 years old. This tree is described as a California Grand Camphor Tree and is situated between two apartment buildings where the landlord of the adjacent building insisted the tree's over -hanging branches be trimmed, resulting in severe damage to the tree. She suggested the possibility of the City adopting a "Heritage Tree" Ordinance. Mayor Boro referred this to Assistant Public Works Director Strom who responded that since it was on private property, there was nothing legally the City's Public Works Department could do to prevent this, but they could take a look at the tree and Mayor Boro stated they could make suggestions to the property owners about the value of these trees. Councilmember Breiner suggested staff might point out in a letter, to be signed by Mayor Boro, that the cost of removal of this type of tree if it should die would be far more than any measure that might be taken to attempt to preserve it. At the request of City Council, staff to again look into the possibility of a Heritage Tree Ordinance and obtain Heritage Tree Ordinances from other cities. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEMS RECOMMENDED ACTION 3. a. Call for Applications to Fill Vacancy on Approved staff recommendation to: the Park and Recreation Commission Due to a. Call for applications to fill Resignation of Commissioner Bruce Raful one unexpired term on the Park (CC) - File 9-2-4 & Recreation Commission to the end of May, 1994, due to the resignation of Commissioner Bruce Raful; b. Set deadline for receipt of applications for Tuesday, 12:00 Noon, August 10, 1993, in the City Clerk's Office, Room 209, City Hall; c. Set Special Meeting for 6:30 PM, 8/16/93, in Conference Room 201, City Hall, to interview applicants. b. Resolution of Appreciation to Commissioner ADOPTED RESOLUTION NO. 8983 - Bruce Raful (Rec) - File 102 x 9-2-4 RESOLUTION OF APPRECIATION TO BRUCE RAFUL ON HIS RESIGNATION FROM THE PARK AND RECREATION COMMISSION SRCC MINUTES (Regular) 7/19/93 Page 1 SRCC MINUTES (Regular) 7/19/93 Page 2 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of Ordinance NO. 1647 - ADDING SECTIONS 14.02.020) AND No. 1647. 15.04.080 TO THE MUNICIPAL CODE PERMITTING STREAMLINED REVIEW OF PROJECTS WITH MULTIPLE DEVELOPMENT APPLICATIONS (Pl) - File 10-3 x 10-2 5. Resolutions of Appreciation to Design Review Board Members: (Pl) - File 102 x 9-2-39 a. Phillip Abey b. Howard F. Itzkowitz AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADOPTED RESOLUTION NO. 8984 - RESOLUTION OF APPRECIATION TO PHILLIP ABEY FOR EIGHT YEARS OF DISTINGUISHED SERVICE ON THE DESIGN REVIEW BOARD ADOPTED RESOLUTION NO. 8985 - RESOLUTION OF APPRECIATION TO HOWARD ITZKOWITZ FOR FIVE YEARS OF DISTINGUISHED SERVICE ON THE DESIGN REVIEW BOARD Cohen, Shippey, Thayer & Mayor Boro The following items were removed from the Consent Calendar for discussion: 2.APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 21, 1993 (CC) Councilmember Shippey stated that during the Oral Communications of an Urgency Nature, after Mr. George Orr, representative of the Friends of Munson Park, spoke with regard to Item #2, Mr. Shippey wanted the Minutes to reflect that he did make the recommendation to the Council that they remove Munson Park from the list of possible relocation sites for the relocation of Fire Station #6. Councilmember Cohen stated with regard to the discussion of the sewer easement, Page 5, the fifth paragraph, it quoted him as saying, ". . if they do two separate trenches, do one side of the street at a time", and stated the point he was attempting to make was in response to Mayor Boro's comment that if they do two separate trenches, they have to do them one at a time in order to maintain at least one lane of access up and down that street, which was a point of concern. Councilmember Cohen stated on Page 6, under Item 6, in the third paragraph, ". . that while he did not believe that he had a conflict of interest on this matter, he has discussed this with the City Attorney and it was his belief that in order to avoid any appearance of in -fighting . . .", this should read, it was his belief that in order to avoid any appearance of conflict. ". Councilmember Shippey moved and Councilmember Cohen seconded, to approve the Minutes of the regular meeting of 6/21/93, as amended. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6.RESOLUTION APPROVING BELOW MARKET RATE (BMR) AGREEMENT AND HOUSING FUND LOAN FOR 1 "H" STREET, AP #010-291-18 (RA) - File 229 x 13-16 x (SRRA) 173 Councilmember Breiner stated her concern was the discussion of households earning 800 of median income and a one -bedroom rent being approximately $799.00, which is really market rate instead of below market rate rental. She stated she did not see any advantage to this, noting with some of the proposals that have come before the Council in the past, they have attempted to have the household income below the 800, or have a percentage of them for very low income, and she did not see any very low income households in this agreement. Assistant Executive Director Ours responded utilities were included in this figure for the rental agreement, as shown in the staff report. He stated this was calculated at $30 for a studio, $35 for a one -bedroom unit and $45 for a two-bedroom unit, which was not shown in the staff report. Councilmember Breiner asked if this was in Exhibit B of the staff report, and Mr. Ours responded this rental price includes an allowance SRCC MINUTES (Regular) 7/19/93 Page 2 SRCC MINUTES (Regular) 7/19/93 Page 3 for utilities, as described, which he felt made this more palatable. He stated the costs in this report were the actual costs to rehabilitate the building and then it was decided this was a fair profit for the developer. Mr. Ours stated that when they put $100,000 of City money into this, he felt this was a very interesting example of leveraging funds which had been discussed in the past. He noted the $100,000 of City money buys this project an affordability for 16 units at $200 per month, which over the 30 year financing period is more than $1 million. It also reduces the water fees paid into a project because it is public money, either $28,000 or $32,000, and it reduces the school fees by $12,000. He stated all of these issues go into calculating how much the rents will be, but they were taken off because the Agency put its money into it, and their special financing is a whole percentage point lower for the $3 Million. He noted as you look at the total package of what the costs are, you come up with the rents shown and the project works. He stated the simplest explanation is you can take some at 70% and some at 900, but the basic 80% works for this project that the developer can build and you get all these other good things and it is a very affordable project. However, if it was a market project, they would not have this number of units at this price. He noted we would have considerably higher priced units instead, above market rate. He stated this is a rehabilitation of an existing building which is very expensive. Mayor Boro stated Mr. Our's statement says that the project will provide 51% of 20 units affordable to low income households earning 80% of median income or less and he asked, of the 20 units, how many would be at 80%, and are there some to be at 70% or 60%? Mr. Ours responded that the tenants will need to qualify and they will be making 80% or less of the median income. Mr. Ours stated the 80% was the target figure for this project; however, if another prospective tenant is making less and qualified in their total housing cost, they will be accepted, but this is the target range set up. Mayor Boro then asked if Mr. Ours was saying that by putting up this $100,000 it has allowed us to achieve these 20 units? Mr. Ours responded affirmatively and stated it has reduced the rent on 16 units to $200 per month. Mr. Pendoley stated this property far exceeds the requirements of the General Plan to qualify for such things as density bonuses and has been on the market for approximately five years. They have heard many proposals on this project, some residential and many not residential, but everyone had extreme difficulty making it work. This was the first project that finally went all the way to term on applications. Mr. Pendoley stated there have been some very innovative things done on this project, particularly in the way of providing underground parking; they developed a very clever parking plan that squeezes in the absolute maximum better than anyone else has done before, and they have proven to the City that it works. He stated there is a high level of amenities in terms of common recreation areas including outdoor space. He stated staff felt this is very high quality housing. Councilmember Thayer asked if the leases had rent increases built in, according to CPI adjustments, or how is this figured into these agreements? Mr. Dick Bornholdt, housing consultant to the Redevelopment Agency, responded the BMR agreement allows the rents to be calculated at 30% of an income level, in this case 80% of the median. He stated the incomes are adjusted annually by HUD and to the degree that HUD adjusts the incomes up, then the rents can be adjusted upward, as well. He stated they will always be the maximum of 30% of the income. Mrs. Thayer stated then this does not take into account the particular circumstances of a tenant, such as the recession we are all experiencing now and some people's salaries may not go up commensurately with the CPI for the year and yet there may be a rent increase. Mr. Ours responded this was possible, but was discretionary on the part of the owner. He noted he has seen projects that are subject to an allowable rent increase where there has not been one, and he has seen one where there has not been an increase. Councilmember Breiner stated in the past the City has generally had Marin Housing Authority overseeing the selection of the tenants and asked whether this was being done in this case? Mr. Bornholdt responded there are two Below Market Rate agreements that the City had entered into, one is like this one for rental projects and one is for sale. He stated the Housing Authority is involved in the for sale units and selection of the tenants and the rental developments are up to the owner of the property. He noted all the Housing Authority does is to make sure they are, in fact, low income, and that the proper rents are being charged, but neither they nor the Housing Authority select the tenants. Mayor Boro asked if Agency Attorney Rosenthal has a non-profit list run for him? Mr. Bornholdt responded negatively, but there will be a private management company doing this part of the project. Mrs. Breiner asked how does Mr. Bornholdt make sure that he is meeting the goal of what they want? Mr. Bornholdt stated the developer is required to submit reports and SRCC MINUTES (Regular) 7/19/93 Page 3 SRCC MINUTES (Regular) 7/19/93 Page 4 certifications to the City that show that, for example, the tenants in Unit 13 are low income, below whatever the income limit is, and that their rent meets the guidelines in the BMR agreement, so they check those. Mayor Boro asked if they are checked before the units are rented? Mr. Bornholdt responded they are required to submit these to them after they are rented. Mrs. Breiner asked if there was any follow-up? Mr. Bornholdt responded affirmatively. Mr. Ours stated this is an annual report that is sent to the Agency every year with all the tenants who live in those units and their incomes. Mrs. Breiner then asked if the Agency was checking to see that the information they were receiving was correct? Mr. Ours responded affirmatively and stated that they have called individual tenants. Mrs. Breiner asked if there have been any problems? Mr. Ours responded negatively and stated the only discrepancies he has heard of have been people who have not been reporting all their income. Mayor Boro noted that Mr. Ours stated in his report that the loan for the City was due in 40 years and the loan on the property was 30 years and asked why the City's loan was 40 years? Mr. Ours responded the City's restrictions were these units have to be affordable for 40 years. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution. RESOLUTION NO. 8986 -AUTHORIZING THE EXECUTION OF A BELOW MARKET RATE (BMR) RENTAL UNIT AGREEMENT FOR 1 "H" STREET IN SAN RAFAEL, CA, BETWEEN THE CITY OF SAN RAFAEL AND 1 "H" STREET ASSOCIATES AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7.RESOLUTION AUTHORIZING CONVEYANCE OF TEN (10) OPEN SPACE PARCELS TO THE MARIN COUNTY OPEN SPACE DISTRICT (PW) - File 2-1-79 x 4-13-84 x 13-14-1 x 9-3-40 Councilmember Breiner stated in August, 1991, the City Council approved the agreement calling for the transfer of this land and she wondered why it took almost two years to do this? Assistant Public Works Director Strom responded he did not have all the details, but it was his understanding that this was coming from the County who took responsibility for clearing the title on all of these parcels. He noted he thought this was not a high priority with the County due to the fact that they have been short staffed in the Real Estate Section at the Civic Center. Mayor Boro asked if some of these parcels had been cleared? Mr. Strom responded affirmatively. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution. RESOLUTION NO. 8987 -AUTHORIZING EXECUTION OF GRANT DEED FOR CONVEYANCE OF TEN (10) OPEN SPACE PARCELS TO THE MARIN COUNTY OPEN SPACE DISTRICT (AP #165-010-08, 09, 40, 43, 67, 68 & 70, 165-123-19 & 20 AND 165-171-38) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8.RESOLUTION ACCEPTING PROPOSAL FROM CH2M HILL FOR PHASE II OF THE ENGINEERING SERVICES FOR FREITAS INTERCHANGE IMPROVEMENTS (PW) - File 4-3-259 x 11-15 x 11-1 Councilmember Shippey asked, with regard to the possible traffic impact of this project, if there were to be further studies done for the approximately $188,000 by CH2M Hill? Mr. Strom asked Mr. Shippey if he would rephrase his question. Mr. Shippey stated his first concern was about the signalization and whether traffic might back onto the freeway, specifically on the northbound off -ramp, which is not signalized now. Mr. Shippey stated his second concern was about traffic farther to the west on Freitas Parkway, eastbound onto the freeway, which is now stacking up in the right-hand lane because of people wanting to get onto the freeway and he noted from the drawings it looked like that might exacerbate that problem. Mr. Strom responded to the first question regarding the queuing of traffic back onto the freeway, noting this is the number one concern of CalTrans, and staff has been working with them and they have approval on all the drawings, and have reviewed all the traffic analysis, which is one of the reasons why staff had to do widening in order to have adequate storage. One of the other issues when the signalization is installed is that the loops are placed back toward the end of the ramp where it connects, and if traffic starts backing up onto the freeway there is a pre-empt built into that to clear it out. Mr. Strom stated again this was a main concern of CalTrans that they do not want traffic queuing onto SRCC MINUTES (Regular) 7/19/93 Page 4 SRCC MINUTES (Regular) 7/19/93 Page 5 the freeway at this location. He stated they are at the preliminary stages now, so as they go through and the design gets refined this will be reviewed throughout the entire project. Mr. Strom further responded to Mr. Shippey's second question by stating that this project should not have any affect on that other intersection, which is Del Presidio, and the southbound on-ramp where there is difficulty in the queuing and weaving of the traffic. He stated he saw them as completely divorced and did not see this project as having any particular beneficial affect on either as he felt they were totally unrelated. However, the construction of the Merrydale Overcrossing should provide some relief in that area, which is one of the reasons why the Merrydale Overcrossing was designed to help take some of that traffic seeking to get onto the northbound Highway 101 and give them an alternative route rather than always having to go through Del Presidio. Mr. Shippey asked whether that will be a "smart" signalized light intersection in the sense that it has positive feedback? Mr. Strom responded it will all be fully actuated with vehicle detector sensors, etc. Councilmember Thayer asked how this was going to be coordinated time -wise, not only with the Merrydale Overcrossing, but with the northbound ramp because she felt that it is the northbound ramp that is going to obviate some of the difficulties that had taken place at Freitas, and this particular alternative will close off access for those who are taking that difficult turn -around onto Highway 101, so the northbound ramp has to be in place prior to this change. Mr. Strom responded affirmatively. He stated all of the signals in the Terra Linda Valley area are coordinated through a telephone reassign system to a master computer housed across the street from City Hall in the Redevelopment building. He stated staff coordinated the signals to the greatest extent possible. He stated the intersection with the future Merrydale Overcrossing on Civic Center Drive are far enough apart that coordination should not be an issue between the two of them and that they will probably operate fully actuated and independent, but staff does have the capability, if they find that there is some special need there, for coordination that will be built into this project. Mrs. Thayer asked if the northbound ramp is delayed, would that endanger the ISTEA funding for this particular project? Mr. Strom responded they have ISTEA funding for both projects. Councilmember Shippey moved and Councilmember Breiner seconded, to adopt the Resolution. RESOLUTION NO. 8988 -ACCEPTING PROPOSAL FROM CH2M HILL FOR PRELIMINARY ENGINEERING AND FINAL DESIGN FOR THE FREITAS INTERCHANGE IMPROVEMENTS IN THE AMOUNT OF $188,800 AND APPROVING PROJECT AS BEING CONSISTENT WITH THE GENERAL PLAN AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9.PRESENTATION OF RESOLUTIONS OF APPRECIATION TO PHILLIP ABEY AND HOWARD K. ITZKOWITZ, DESIGN REVIEW BOARD MEMBERS - File 102 x 9-2-39 Mayor Boro and the Councilmembers presented the Resolutions of Appreciation to Phillip Abey and Howard K. Itzkowitz simultaneously at the podium, thanking them for their years of service. 10.PUBLIC HEARING RE: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) a. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1993-94 - File 6-48 Mayor Boro declared the Public Hearing opened. Assistant Public Works Director Strom stated that at the July 6, 1993 meeting the Engineer's Report and the Resolution of Intention to Levy and Collect Assessments were placed before the City Council, who set this date for the Public Hearing for any interested citizens to make any comments or protests. Mayor Boro closed the Public Hearing after no response from the public. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution. RESOLUTION NO. 8989 -CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1993-1994, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) SRCC MINUTES (Regular) 7/19/93 Page 5 Page 6 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Shippey SRCC MINUTES (Regular) 7/19/93 Cohen, Thayer & Mayor Boro (who stated that since he had not listened to the tape of the July 6, 1993 meeting, he felt he was not able to vote on this issue) 11.ADOPTION OF 1993-94 BUDGET (Fin) - File 8-5 x 7-8-2 x 9-3-31 City Manager Nicolai gave a brief summary of the staff report, noting the issues were removing the furloughs, $20,000 added to the City Attorney's budget for the parttime Deputy City Attorney position, $60,000 added to the Capital Improvement Budget for Fire Station #6 rebuilding project, $190,000 added to Capital outlay to reflect a one time transfer of funds from the State as outlined in the City Manager's memo and verbal report, and $136,500 added for improvements at Pickleweed Park using funds from the sale of an easement. She stated $3,600 has been added to the Recreation Budget for the Adopt -A -Park Program and $4,000 was added to the Personnel Budget to reclassify that position to a Personnel Technician position. She stated the other staff report dealt with a specific dollar amount for the Fire Department Budget which was discussed with the Firefighters' Association prior to submitting it to the City Council tonight, and included an alternative to closing a Fire Station which had to do with a two -person company at Stations #2 and #3. She stated the Firefighters' Association, after staff's meeting with them, had a general membership meeting and her staff report outlines the fact that they preferred the option of going to the two -person engine company over the closure and within her report there are various issues which needed to be done within the Fire Department budget to accommodate that as an option. She stated attached to her report is a Letter of Agreement that was signed by the leadership of the Firefighters' Association, outlining the alternatives as now incorporated in the proposed Budget. Councilmember Cohen asked with regard to Ms. Nicolai's report on the discussion with the Firefighter's Association, in particular the Letter of Agreement, about a word he felt was probably a typographical error. He noted in Item #2 it states, "This total will include 2 paramedics formally housed at Station #1). . ." should read "This total will include 2 paramedics formerly at Station #1). .". Mr. Cohen then asked with regard to Finance Director Coleman's report, whether the replacement of the tape recording equipment used for City Council meetings is incorporated into this Budget. Ms. Nicolai responded negatively. City Clerk Leoncini stated she has received two proposals to date and would rather wait for more information before bringing this information forward. Mr. Cohen requested that this be pursued. Councilmember Shippey stated, with regard to the Fire Department Budget, at the last meeting they had discussed the 1965 Pumper and stated he would feel better if they were going to retain the replacement allocation if they rename this to Fire Department vehicle replacement in the same amount, just because there is so much uncertainty about what that vehicle eventually will become. Ms. Nicolai stated staff did not intend to purchase this and what was before Council was a list of vehicles by year and by definition that as of this year would normally be scheduled for replacement. She stated before this would occur, staff would come back to the Council for authorization to call for bids and staff has no intention of replacing that engine if it is going to be unnecessary. She stated she felt that until that decision is made, it is still scheduled for replacement until a decision is made by the Council not to replace it. Mayor Boro asked with regard to the Letter of Agreement from the Firefighters' Association, Item #5, which states, "Ultimately it is the City's goal to close Station #3 and contract with Marinwood." He asked Ms. Nicolai to put some parameters around what that ultimately means as far as time frames, how she sees this and what her perspective is. Ms. Nicolai stated in their discussions with the Firefighters' Association the City's desire was to close the Fire Station and they did not have a particular time frame associated with it. She stated she felt that what they wanted to do was to pursue various options and, depending on any number of circumstances, their real desire was to close the station and contract out with Marinwood Fire Department and reconfigure the way this is operated. She stated the maximum length of this agreement is one year and the Letter of Agreement has the same authority as an item that would be part of an MOU, and for this period it has the life of one year at the most. She stated her feeling was this would be an outside idea of the length of time that staff would be dealing with this particular configuration and it is SRCC MINUTES (Regular) 7/19/93 Page 6 Page 7 staff's hope and intent that maybe within closed, but there are too many factors now stating staff's intent would be hopefully an agreement on this issue. SRCC MINUTES (Regular) 7/19/93 this fiscal year that station would be involved in this. Mayor Boro clarified by during this year that the City would reach Councilmember Shippey stated he wanted to confirm that, just as it states in the agreement that "This agreement. . .does not waive the Association's ability to meet and confer on the impact of the City exercising its right to close a station.", it also does not interfere with or impede the City's right to close a station at any time, as long as they do meet that particular requirement. Ms. Nicolai responded affirmatively and stated the Council has the full authority to make that decision, but what the staff assured the Firefighters' Association was that if the Council chooses to make that decision at some point in time, this agreement does not waive their right to have us meet and confer on the impact, and that was not our intent. Councilmember Breiner stated she hoped there could be a way of monitoring the assign- ments as referred to in Item #3 which states, "It is the City's belief that with the Association's cooperation in most cases three firefighters will be assigned to this station." Ms. Nicolai responded affirmatively, this would definitely be monitored. Councilmember Cohen stated he appreciated the hard work that went into this agreement by all parties involved and hoped that this would set the ground work for what he sees happening next year, which is working toward agreement about the future of the Fire Department and the way in which the City delivers service is going to look like. He stated that was his goal to see this happen over the next year, so that when they get to the point of deciding on closing a station, that they will have some idea of where they are going with meeting other identified needs. Councilmember Thayer asked with regard to the Letter of Agreement from the Firefighters' Association, in the preamble it states, ". . It is agreed by the parties that a station reorganization will be implemented. . .with the following criteria" and is there a correlation between the ultimate closure of Station #3 and the institution of the broad-based committee and are these two issues inter -related? Ms. Nicolai responded negatively and stated that was why the committee is not a condition of this Letter of Agreement, in fact, they are a part of a different package and staff felt that no matter what, whether this was part of an MOU, that there were things that would be done and this is why this was not numbered in the Letter of Agreement. She stated they are basically disassociated from the terms and conditions of implementation of the reorganization. Ms. Nicolai explained the broad-based committee is independent. She stated one of the issues the Firefighters' Association felt strongly about was the second issue with regard to filling vacancies that might occur during the 1993-94 fiscal year and along with possibly dealing with a reduction, as they feel they are, would be the idea that the City is not reducing the Engine Companies to two people and at the same time adding staff that were unauthorized, which are not in the budget. She stated the first issue about the broad-based committee was a commitment on the City's part that as they pursue this issue of Paramedic service, that they would be involved with staff, along with a citizens' committee and the residents of that area in evaluating this issue. She stated staff wanted to bring these two issues forward because this was part of what staff wanted to do anyway. Mrs. Thayer commended the Firefighters' Association and staff for working closely together to iron out an agreement which will help the Council through this difficult time and hopefully things will proceed better from this time forward. Mayor Boro also commended the efforts of the City Manager, staff and the Firefighters' Association and also thanked Finance Director Coleman and City Manager Nicolai for the content, thought and format that was presented to the Council. He noted this was a very difficult budget to put together and he felt they made the process very workable for the Council. Christopher Desmond, representing the San Rafael Firefighters' Association, stated the way City Manager Nicolai characterized the issues is accurate. He wanted to point out the desired closure of Station #3 and the broad-based committee to explore how services would be delivered to that valley and the relocation of Station #6 should be connected, in the Firefighters' Association's opinion. He stated the separation that is drawn by management is not something that they think is wise or that they endorse. He stated they felt that prior to closing Fire Station #3, the relocation issue should be looked at and resolved to whatever degree it can be and, also, prior to this closure or relocating Station #6, the broad-based committee process should be concluded and a long term plan for how that protection in the valley will be formulated. He stated the separation that he has been hearing is not something the Association agrees with or endorses. He thanked the City Manager, Fire Chief and especially the City Council for their support through this difficult time. SRCC MINUTES (Regular) 7/19/93 Page 7 SRCC MINUTES (Regular) 7/19/93 Page 8 Mayor Boro stated the document before the Council represents what the Association had agreed upon and though he understood their principles, this is what the Council is endorsing this evening. Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolution approving the 1993/94 Budget, as amended. RESOLUTION NO. 8990 - APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 1993 - JUNE 30, 1994 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (IN THE AMOUNT OF $38,352,177) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Shippey moved and Councilmember Cohen seconded, to authorize the City Manager to sign the Letter of Agreement from the Firefighters' Association. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen stated he felt the best way to resolve any disagreement over the connection between the analysis of the Long Term Plan and the fire station closure is to pursue this as soon as possible by establishing this committee, and it was his hope and expectation that it would not take a year to do this. 12.CITY COUNCIL REPORTS: a. FOOT RACE UNITY DAY 1993 AT PICKLEWEED PARK - File 104 x 9-3-66 (VERBAL) City Clerk Leoncini presented the Mayor and Councilmembers with gifts from the group that organized this activity. There being no further business, the meeting was adjourned at 9:05 PM, and the City Council reconvened and returned to Closed Session. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1993 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/19/93 Page 8