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1992-12-15 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITYCOUNCIL DECEMBER 15. 1992 The meeting convened at 7:36 p.m., with President Withrow presiding. Councilman Arnerich led the Pledge of Allegiance, and Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Roth, and President Withrow - 4. Absent: Vice Mayor Lucas - 1. ANNOUNCEMENT OF CLOSED SESSION ACTION(S) President Withrow announced that Council convened in Closed Session at 7:05 to consider: 92-842 Labor Relations pursuant to Subsection (a) of the Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council provided guidance to our [City] negotiators. 92-843 Significant Exposure to Litigation pursuant to Subsection (b) of the Government Code Section 54956.9 of the Brown Act: Mayor Withrow stated no action was taken. MINUTES 92-844 Minutes of the Regular Council Meetings held on November 17, and December 1, 1992, and the Special Council Meeting of December 1, 1992. Councilmember Roth moved approval. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 4. * * * * President Withrow expressed appreciation for Councilmember Camicia's efforts as Councilmember and welcomed Mr. Arnerich [as newly reelected Councilman], back to Council. Councilmember Roth expressed appreciation for, and good wishes to, outgoing Councilmember Joseph Camicia. Councilmember Camicia congratulated newly elected and reelected officials; expressed appreciation for his family's support, for Councilmembers and City Officials, former City Manager Bruce Rupp; local newspapers for their fairness to him; and all his supporters. President Withrow announced recess. * * * December 15, 1992 REORGANIZATION OF COUNCIL 92-845 Installation of Newly Elected City Officials The City Clerk will administer the Oaths of Office and present Certificates of Election to: Councilmember-elect Anthony J. "Lil" Arnerich Councilmember-elect Ralph J. Appezzato City Auditor-elect Kevin R. Kearney, and City Treasurer-elect Lewis E. Hurwitz. The City Clerk administered the Oath of Office and presented a Certificate of Election to Councilmember Arnerich, who expressed appreciation and introduced his family. The City Clerk administered the Oath of Office and presented a Certificate of Election to Councilmember Appezzato, who thanked the citizens of Alameda, introduced family members; and extended best wishes to other officials being sworn in and to former Councilmember Joseph Camicia. Councilmember Appezzato took his seat on the dais. The City Clerk administered the Oath of Office and presented a Certificate of Election to City Auditor Kearney, who thanked his family, the citizens, and former Councilmember Camicia for support and encouragement; and commented on current economic problems of cities, and efforts he will make regarding City finances. The City Clerk administered the Oath of Office and presented a Certificate of Election to City Treasurer Hurwitz, commented on his third term, introduced his family, and stated he looks forward to working with Council. 92-846 Consideration of appointment of Vice Mayor. President Withrow nominated Richard Roth for the position of Vice Mayor, noting that Councilman Arnerich previously served as Vice Mayor; Councilmember Lucas is ending a term as Vice Mayor; and Councilmember Appezzato is new to Council, and in terms of fair- sharing, having Mr. Roth assume that role would be appropriate. Councilman Arnerich expressed his dissatisfaction with the Mayor's nomination, and called for a recess. President Withrow granted a five minute recess. Upon reconvening Council, President Withrow commented the motion failed as there was no second. Councilmember Roth moved the matter be continued until a full Council is present. The motion failed for lack of a second. December 15, 1992 Councilmember Appezzato stated, traditionally in Alameda, the person with the largest number of votes is Vice Mayor. President Withrow stated there is nothing in the Charter or any kind of guidance and noted occasions when Vice Mayors were appointed when they were not top vote-getters. Councilmember Appezzato stated he respects Councilmember Roth's professionalism but because he believes in the tradition in the past history, he will nominate Councilman Arnerich as Vice Mayor. Councilman Arnerich seconded the motion. The motion failed by the following voice vote: Ayes: Councilmembers Appezzato and Arnerich - 2. Noes: Councilmember Roth and President Withrow - 2. Absent: Vice Mayor Lucas - 1. President Withrow stated that since there is a deadlock, the item will be continued to the next Council Meeting. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 92-847 Mayor Withrow invited Brian Wong, representing Alameda Mayor's Youth Council, to address the Council concerning a youth forum scheduled for January 12, entitled "Youth Speak Out--Dare to Make a Difference." Mr. Wong stated the youth forum developed out of Youth Council's desire to identify issues of concern to youth, and encourage involvement in making changes; in a survey of over 2900 Alameda students, the three top issues were AIDS, violence and racism which will be discussed at the forum; named other organizations participating; and invited Council to attend the forum as spectators or facilitators to reach solutions. 92-848 Presentation of Certificate of Service to former Planning Board Member Ralph Appezzato. President Withrow commended Mr. Appezzato for his efforts as Member and President of the Board and presented the Certificate to him. 92-849 Proclamation commending James Duncan for his service to the community on the East Bay Regional Park District Board of Directors. President Withrow read and presented the proclamation outlining Mr. Duncan's accomplishments. CONSENT CALENDAR At the request of a resident, 92-858 resolution concerning Bay Farm Island Bike Bridge Project was removed from the Consent Calendar. Councilmember Roth moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. December 15, 1992 Items so enacted or adopted are indicated by an asterisk. *92-850 Report from Assistant City Manager recommending award of contract for the Golf Course Entryway and Earl Fry Course 5th Fairway Lake Renovation at the Chuck Corica Golf Complex, No. P.W. 10-91-12. Accepted. *92-851 Report from the Public Works Director recommending acceptance of the Work by St. Francis Electric for Traffic Signal Modification at Central Avenue and Webster Street, No. P.W. 1-92- 02. Accepted. *92-852 Report from the Community Development Director Regarding Annual Report of the Community Improvement Commission to the City Council and the State Controller. Accepted. *92-853 Report from Finance Director transmitting Investment Report ending November 30, 1992. Accepted. *92-854 Resolution No. 12356 "Reappointing T. David Edwards as a Trustee of the Alameda County Mosquito Abatement District." Adopted. *92-855 Resolution No. 12357 "Requesting that the Department of Toxic Substances Control (DTSC) Act Without Delay to Review and Approve the Alameda County Hazardous Waste Management Plan." Adopted. *92-856 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding Article V to Chapter III (Finance and Taxation) Thereof, Providing for the City of Alameda Maintenance Service Law, Including General Provisions and Definitions, Powers and Procedures for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions." Introduced. *92-857 Bills, certified by the City Manager as true and correct, were ratified in the sum of $1,801,774.46. 92-858 Resolution No. 12358 "Authorizing Cooperative Agreement Between the City of Alameda and the State of California for the Construction of the Bay Farm Island Bike Bridge Project." Adopted. Gerhard Degemann, Alameda, stated his concern is whether or not the City has jurisdiction to inspect when a project is completed, and noted a crack in Doolittle Drive. The Public Works Director explained Doolittle Drive compaction problem, settlement anticipated and provision made for road, following settlement, to be five feet higher than it once was in order to avoid flooding; concerning the Bridge, Caltrans will assist, piles will be driven which are not expected to settle. In response to President Withrow, the Public Works Director noted December 15, 1992 Caltrans and City responsibilities in the agreement include joint approval and maintenance by Caltrans. Councilmember Roth moved adoption of the resolution. Councilman Arnerich seconded with the proviso that staff closely review project design and construction. The motion carried by unanimous voice vote - 4. REGULAR AGENDA 92-859 Resolution No. 12355 "Commending Joseph Camicia for his service to the City of Alameda as Councilmember." Adopted. President Withrow read the resolution of commendation which reflected the accomplishments of former Councilmember Camicia, and presented same to him. Councilmember Camicia accepted and added words of appreciation for City senior staff and Kay Hickox, television employee who covers City meetings. Councilmember Roth moved adoption. Councilmember Arnerich seconded the motion which carried by unanimous voice vote - 5. 92-860 Report from Chairperson, Historical Advisory Board, presenting Leonardville Heritage Area booklet. Robert DeCelle, Chairperson, introduced Vice Chairperson Robert Nicol, Boardmember David Plummer, Secretary Judith Altschuler; and presented booklets to Council, commenting the Board would like to sell the booklets for $5 each but cannot do so without Council approval; thanked Woodrow Minor for producing the booklet, and noted the Alameda Victorian Preservation Society, and federal funding, paid for the booklet. In response to Councilmember Appezzato, Mr. DeCelle stated all monies received go to the General Fund; and Mr. Appezzato donated the first five dollars for the book. Mr. Degemann contributed also. Councilmember Appezzato moved acceptance of the report. Councilmember Roth seconded the motion which carried by unanimous voice vote - 4. 92-861 Report from City Manager on State and Federal Unfunded Mandates. Councilman Arnerich stated he would like on record what penalty the City could incur; to which the City Manager replied penalties that could occur depend upon the program; for example, the Americans with Disabilities Act provides a legal resource for disabled people to sue the City for non-compliance. Following Council discussion, President Withrow stated the Unfunded Mandate process destroys accountability, and, when the State or Federal government direct a function be accomplished but do not provide the money, they are in effect increasing taxes; and he December 15, 1992 would like a letter generated by staff that would incorporate these figures (Exhibit A), that would incorporate the background and research that staff has done, and have it sent to the Governor, the Speaker of the Legislature, President Pro Tem of the State Senate, with a copy to all cities in Alameda County and a copy to the League of Cities; and he believes that each city should find out how much unfunded mandates affect its programs and budget; and, the City will again be tapped by the State due to its deficit, therefore, Council must take the initiative and offensive so the citizenry will understand what is happening. Councilman Arnerich moved acceptance of the report. Councilmember Roth seconded the motion which carried by unanimous voice vote - 4. 92-862 Report from Personnel Director regarding consolidation of eight (8) ACEA layoff days between December 22 through December 31, 1992 and closure of City facilities (except Fire, Police, Bureau, Golf Complex and Mastick Senior Center) from December 28 through December 31, 1992. Bonny Moore, Alameda, stated the proposal is unacceptable; and reviewed suggestions she made over a year ago to obtain monies for the General Fund, including selling Linoaks Motel to Housing Authority for senior housing, and sale of Portola Triangle. The City Manager explained the proceeds from a sale of the Linoaks property would need to be returned to funds from which the Linoaks was purchased and not into the General Fund; and stated staff will be returning to Council in 30 to 40 days with a list of surplus properties which will include, at Councilman Arnerich's request, the Portola Triangle. Don Roberts, Alameda, congratulated Councilmembers Appezzato and Arnerich for winning the election; stated the Union negotiated for a 4% increase and Council should honor its contracts and not renege on agreements reached in good faith bargaining. The City Manager replied to questions from Mr. Roberts regarding savings and costs associated with the layoff. Dina Tasini, ACEA employee, Castro Valley resident, stated she and many others have requested a flex schedule and wants Council to know there is a group that would like a flex schedule. Jerry Leavitt, ACEA employee, Hayward resident, stated he works in the Public Works Department; stated workers who, for example, remove fallen trees, maintain sewers, are necessary, even though they are not fire or police [safety personnel]. Susan Felthousen, ACEA employee, San Leandro resident, stated she enjoys her job, supports a voluntary furlough program over a period of time and requested Council carefully evaluate all short- and long-term impacts before arriving at a decision. December 15, 1992 Marie Stahowski, President, Alameda City Employees Association, suggested Council look at voluntary work schedule, stated Council should consider mitigations if a work furlough is imposed; and the $1,600,000 PERS rebate to the City should be used for employees. The City Manager responded $500,000 of the rebate was used in Fiscal Year ending June 30, 1992, to prevent layoffs of employees, and Council has approved a plan to utilize the remainder of the PERS credits to prevent additional layoffs. Claire Coustier, ACEA employee, Alameda resident, stated she has worked for the Library for 23 years; noted hardship if layoff is imposed, not only on the employees, but dependents of the employees. Marion Miller, Alameda resident, Treasurer, ACEA, stated she does not know why Council is unwilling to dip into the $5,000,000 in reserves to help correct this situation; requested Council allow City employees enjoy the Christmas Holiday [by not imposing layoff]. Chris Lowe, ACEA employee, Alameda resident, stated he is willing to do his part, but feels the City should do its part, and the cuts are unfair. Kathleen Zell, ACEA employee, Alameda resident, stated the people she works with are good and hard working; and $100,000 is used for contract negotiators when the City has a "perfectly good" personnel department. The City Manager responded the City has a contract with a labor negotiator who represents all City departments, the contract is for approximately $35,000, and no additional cost to the City results from negotiations with ACEA group. Tonie Jones, Operating Engineers, Local 3, affiliates of ACEA, stated the Union would be happy to discuss information but will not reopen the contract; the City has an obligation to abide by the Contract; PERS rebate is interest on employee contributions; opposed proposed eight days off at Christmastime; City's goal is to save money before June; there is no reason to do it at Christmas. Susan Sastini, ACEA employee, Alameda resident, requested Council consider upholding contract, expressed her distress at the effect of layoff at Christmastime and encouraged Council to reconsider this issue very carefully. Richard D. Paiva, ACEA employee, San Leandro resident, stated, given a chance, we can pull together to keep things together, believes in fair share for workers and also the City; and everyone should carry the burden. Judith Altschuler, ACEA employee, Alameda resident, stated she December 15, '1992 represents members of the Planning and Community Development Departments, and the Engineering Division, who wish the Union and the City to continue to explore flex time options, noted savings, minimum impacts on paychecks, environmental benefit; and she requested Personnel Department and Legal Department explore the possibility of allowing the group to be represented by an association other than ACEA. Dion Cruse, ACEA employee, Alameda resident, stated he lives in Alameda, believes in the American Dream; agrees with what has been said by previous speakers. Councilman Arnerich stated his concern; he would like further negotiation between City and ACEA, the City Manager meet and confer with ACEA employees and report back, see what mitigations he might work out; and after he [Arnerich] hears from other Council persons, he will make a motion. At the request of Councilmember Roth, the Personnel Director reviewed negotiations, budget reductions due to severe economic times, options considered to save $160,000 which represents ACEA October 1, 1992, 4% pay raise; and described both proposed layoff and possible mitigations. Ms. Jones stated ACEA was willing to sign a mitigations agreement, as long as it would not prejudice either side in pursuing the issues in Court regarding contract violation, and City declined; an agreement could not be reached with City regarding voluntary work week reductions because contract calls for layoff by seniority; and [primary] disagreement is whether or not the $160,000 [4% pay increase] has been agreed to. Councilman Appezzato inquired how a voluntary furlough program would save the $160,000, to which the City Manager, following brief comments by the Personnel Director, stated the number of employees who would want to participate would not come close to dealing with the problem the City faces. The Personnel Director stated it is important to know that no other bargaining unit of employees received a raise at this time; no other adjustment was given, and that is why this group is the focus of the issue. In response to Councilmembers Appezzato and Roth, the Personnel Director stated no full-time ACEA member lost a job, and the Christmas period was chosen with the consideration that the salary reduction could be spread over six months and it is the least busy time in the City. In response to Councilman Arnerich, Ms. Jones stated we [ACEA] are not willing to meet and confer to reopen the terms of the agreement but would be willing to meet with the City Manager to explore or refine other solutions to this issue. December 15, 1992 The City Manager clarified the discussion would not be an opening of the Contract; it is exercising the City's option under a Section specifically in the Contract that speaks toward laying off employees, and various options that are open to the City that may benefit the City, Alameda citizens and the employees. Ms. Jones stated Council needs to make a commitment to explore other avenues for funding needed, make a commitment to honor the agreement, and not try to utilize a technicality in the contract that will end up in court; or, if that is not agreeable, at least hold off until an arbitrator who is an expert in this field can give an interpretation. Councilman Arnerich stated the City Manager could meet with the union, require a deadline; Council can give the City Manager instructions, and let him meet in good faith bargaining. In response to Councilman Arnerich, Ms. Jones stated "we" would be willing to meet with the City Manager. Following discussion regarding procedure and Council action of December 1, 1992, Councilmember Roth moved "the City Council of the City of Alameda has determined that as a result of substantially reduced revenues and the impact of the State budget crisis, the City of Alameda's General Fund for fiscal year 1992-93 has suffered severe reductions requiring a significant curtailment of City programs and service; and the foregoing curtailment of City programs and services will result in the layoff of bargaining unit members of the Alameda City Employees Association, hereafter ACEA, and the City negotiators have completed negotiating the impact and effects of the City Council's decision to lay off ACEA bargaining unit members with ACEA negotiators. It has been proposed to [a] layoff of eight (8) days and facility closure of four (4) days which provide [offset] a savings of approximately $160,000 during the next current 1992-93 fiscal year. Therefore, it is hereby decided by the Council of the City of Alameda that said Council, due to the economic situation, hereby approves and adopts said holiday facility closure recommendation and the consolidation of eight (8) layoff days as summarized below: Layoff notices shall be sent by the City Manager to all part-time and temporary employees who work in ACEA bargaining unit classifications stating that those employees will be laid off from 11:59 p.m., December 21, 1992 through 11:59 p.m., December 31, 1992. Layoff notices shall be sent to [by] the City Manager to all affected ACEA bargaining unit members stating that the layoff for affected ACEA employees will occur from 11:59 p.m., December 21, 1992 through 11:59 p.m., December 31, 1992. All City facilities except the Fire Department, Police Department, Bureau of Electricity, Golf Complex and Mastick Senior Center will be closed to the public. The closure dates of those facilities shall be from December 25th [through] and including December 31, 1992, and will December 15, 1992 be deemed City Holidays. Those dates represent four (4) working days. In addition, the City Manager is hereby authorized to change the number of layoff days and the dates of closure of the foregoing City facilities in accordance with any addendum agreement the City enters into with the ACEA provided that it is by 2:00 p.m. on the 17th of December, 1992. The City Manager, also, is further authorized to execute any Letter of Agreement with ACEA providing for the mitigation of the effects of the layoff provided this is accomplished by 2:00 p.m. on December 17, 1992." Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 4. 92-863a Ordinance No. . N.S. [Option A] "Amending the Alameda Municipal Code by Amending Subsections 7-2.1(e)(1), 7-212, 7-3, 7-3.1, 7-3.4, 7-3.5, 7-3.6 and Amending by adding Subsection 7-2.1(i)(1) to Chapter VII (Animal Control) Pertaining to Licensing and Vaccination of Cats." Not Introduced. 92-863b Resolution No. [Option A] "Amending Master Fee Resolution No. 12191 Relating to License Fees for Dogs and Cats." Not Adopted. 92-863c Ordinance No. , N.S. [Option B] "Amending the Alameda Municipal Code by Amending Subsections 7-2.1(e)(1), 7-2.2, 7-3, 7- 3.1, 7-3.2, 7-3.4, 7-3.5, 7-3.6 and 7-10.1(c) and Amending by adding Subsections 7-2.1(a)(7) and 7-2.1(1)(1) to Chapter VII (Animal Control) pertaining to Licensing and Vaccination of Cats." Introduced. 92-863d Resolution No. 12359 [Option B] "Amending Master Fee Resolution No. 12191 Relating to License Fees for Dogs and Cats." Adopted. Don Roberts, Alameda, concurred with recommendation of Police Chief to approve Resolution Option B; suggested an insert in the resolution for a six-month free license period so that fees would begin to be collected later in 1993, and clarification that Council does not intend it [free period] to be used for a three-year license period. David Lauderback, Alameda, Foes of Unfair Regulation [FUR], stated the group was formed because of number of pets euthanized each year; the key to the problem is readily available low-cost spay and neuter and the ordinance does nothing to address the concern; would like modification of resolution to include waiver of fees for all Alameda citizens whose income falls below the poverty line. Marion Miller, Alameda, stated she can understand vaccinating and spaying; noted danger to cats wearing collars [for identification], December 15, 1992 thinks City money would be better spent on more important things than studies on cats, and cat licensing. Kathleen Zell, Alameda, stated cats have hung themselves on breakaway collars; Alameda is an island, islands tend to have rat and mice problems, and cat [ownership] should be encouraged; and questioned ability to enforce licensing. * * * * Councilmember Appezzato moved to extend the meeting past 11:00 p.m. Councilmember Roth seconded the motion which carried by unanimous voice vote - 4. * * * * In response to President Withrow, the City Manager stated the Police Department is working with local veterinarians on low-cost spay and neuter clinic and that [issue] could be brought back at a later date. President Withrow noted the motion approved by Council [at the November 17th Council Meeting], was modified to allow for a provision for breeder cats. Lt. Rich McWilliams, Police Department, stated staff has attempted to comply with November 17 motion, but does not recommend final passage of the ordinance [introduced November 17th] because of some inconsistencies, definitions of senior citizens, variances in licensing fees and absence of requirement of cat identification in order to return cats to their owners; the ordinance presented for introduction [Ordinance Option B], provides for a senior citizen discount for license fees, impound fees, anti-rabies vaccinations at the Animal Shelter Clinic, waiver of fees for seniors whose income falls below the Federal Housing and Urban Development's very low income definition for this area, requires cats and dogs to display identification to help facilitate expeditious return to owners, and removes definition of dangerous animal that includes cats in the Alameda Municipal Code. Councilman Arnerich commended Police Department and Animal Control Officers for their report and handling of the matter; stated "we" will look into Mr. Lauderback's request [to include waiver of fees for all Alameda citizens whose income falls below the poverty level] at a later date, moved introduction of ordinance [Option B], adoption of "Plan B" [Police Chief's report dated December 2, 1992] and adoption of resolution. Councilmember Roth seconded the motion which carried by unanimous voice vote - 4. 92-864 Report from Chief of Police regarding Police Reserve Program. Noel Folsom, Alameda, stated if volunteers are used, complaints would increase; if injured, volunteers would sue the City; they will never have training of professional police and for that reason, Council will open itself up to much litigation cost; and that should be considered. December 15 1992 Councilman Arnerich noted an Alameda citizen has been a volunteer for City of Berkeley for seventeen years and relieves a police officer at least two days a week; commented on levels of officers depending upon training and responsibility, and moved acceptance of recommendation. Councilmember Roth seconded the motion. Councilmember Appezzato stated the strength of our country has depended upon citizen soldiers in the reserves and he would like to think that would be the type of Police Reserve Alameda would have. The motion carried by unanimous voice vote - 4. 92-865 Ordinance No. 2621, N.S. "Amending Alameda Municipal Code Section 3-59.4, Providing for the Application of the Existing Utility Users Tax to Interstate and International Telecommunication Services." Adopted. Councilmember Roth moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. 92-866 Ordinance No. 2622, N.S. "Reclassifying and Rezoning Certain Properties Within the City of Alameda by Amending Zoning Ordinance No. 1277 for Those Properties located at 1712, 1714 and 1716 Lincoln Avenue." Adopted. Councilmember Appezzato moved adoption. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 4. ADJOURNMENT President Withrow adjourned the meeting at 11:24 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. December 15, 1992 SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA DECEMBER 15. 1992 The meeting convened at 11:30 p.m., with President Withrow presiding. ROLL CALL - Present: Councilmembers Appezzatto, Arnerich, Roth, and President Withrow - 4. Absent: Vice Mayor Lucas - 1. President Withrow adjourned to Closed Session to consider: 92-867 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act. ADJOURNMENT There being no further business, President Withrow adjourned the meeting at 11:55 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. [Note: Council gave instructions to City's negotiators.] December 15, 1992