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1989-04-05 CC Work Session MinutesWORK SESSION OF THE CITY COUNCIL OF THE CITY OF ALAMEDA HELD WEDNESDAY APRIL 5, 1989 The meeting convened at 7:32 presiding. ROLL CALL Present: p.m. with President Corica Councilmembers Arnerich, Camicia, Thomas, Monsef, and President Corica - 5. [Councilmember Camicia took his seat on the dais at 8:35 p.m.] Absent: None. The purpose of the Work Session was to present information, and to discuss intercession and prevention of gang activities. ADJOURNMENT The meeting was adjourned at 9:10 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The notice of the meeting was posted in advance in accordance with the Brown Act. April 5, 1989 X32 RECESSED REGULAR MEETING OF THE CITY COUNCIL, CITY OF ALAMEDA HELD WEDNESDAY - - - - - - - - - - - - -` - - - APRIL 5, 1989 The meeting convened at 9:15 p.m. immediately following the Work Session, with President Corica presiding. REPORTS AND RECOMMENDATIONS 89 -262 From Interim city Attorney regarding legal ramifications of meeting and discussing 1082 Pension Plan issues. The City Manager reported that the 1082 Pension Plan covers all of active Police and Fire Department employees who have requested that there be a meeting to discuss issues as a committee representing both Police and Fire Association; the Council has received its report from the City Attorney on this issue; the question tonight concerns the legal ramifications of meeting and discussing requests separate from the normal meet and confer process for each individual association; he is requesting authorization to execute a letter of understanding permitting staff negotiations and authority to discuss possible improvements. Councilmember Monsef stated that since there is a City negotiator or firm to whom thousands of dollars are paid, it would be appropriate for that particular firm to handle all the City's negotiations for these specific groups; to start something totally new and at the same time have someone else paid who is not performing, is starting a precedent. The City Manager replied he had a meeting scheduled for the next morning [April 6] with the committee, who will want to know whether he can sign the letter of understanding; there are four or five basic issues and, with two meetings, he believes he can report back to Council with a reco,endation from staff without incurring a lot of staff time; and beyond that, he would concur with Councilmember Monsef that the City's professional negotiators should be hired on this issue. Councilmlember Monsef inquired if . basic rules were being changed by starting something new. The City Manager stated he believes this is a precedent, although, in the seventies, a pension committee designed the current plan. President Corica stated the concept of meeting one -on -one with the group is good because it goes back to the way it was done before hiring of the negotiator; his only concern is perhaps opening the door for other groups that might want to have meetings with the City Manager prior to negotiating; if this is just for the pension system, perhaps Council might be able to consider this on a one -time basis. Councilmember Thomas stated it was her understanding there were April 5, 1989 13 going to be some changes made in the Memorandum of Understanding (MOU), for example, that the Committee would exist somewhat in perpetuity and there would be a continual bi- annual reassessment of improvements; and inquired if the changes had been made. The City Manager replied there was a letter of understanding drafted by committee, reviewed by staff, some adjustments made, and was attached to the City Attorney's memo to Council; it excludes perpetuity but there is a request of the group, to be able to continue to negotiate on the occurrence of the audit and evaluation by an outside professional firm; they [the Committee] would like that agreed to, but that is not part of the letter of understanding. Councilmember Thomas agreed with Councilmember Monsef that the professional negotiator should handle the matter. Following further discussion, Councilmember Thomas made a motion to authorize the City Manager to sign the letter of understanding, as long as it is just for this instance, and Council will determine at a later date whether or not the negotiator should take over. Councilmember Camicia seconded the motion and it was carried by unanimous voice vote - 5. 89 -263 From Executive Director, Housing Authority, recommending waiver of Payment in Lieu of Taxes (PILOT) for Fiscal Year 1989 -90. Councilmember Thomas stated the only problem she has with this item is that PILOT funds are transferred to the Police Department and she would like to see them transferred to the General Fund of the City so that the City Manager has control and can determine what services are provided to the Housing Authority. The Housing Authority Director stated the PILOT payment itself is $30,000+ and would be spread among the taxing jurisdictions; by waiving the PILOT on the one hand and entering into contract with the City on the other hand, those funds could go directly to the City instead of being separated among all the jurisdictions. Discussion followed regarding drug abuse, the helpfulness of the liaison service, the contract with the City, etc. President Corica stated $50,000 would provide another police officer, and might possibly provide the same result. The Housing Authority noted this is a mechanism to put more funds into the City's General Fund which would not be there otherwise, because the PILOT payment would be split in a variety of directions. Councilmember Thomas stated her problem is not with waiving the PILOT but with putting the money directly into the Police Department, it should be put in the General Fund, and the Council should decide on what the Police Department gets. April 5, 1989 tj The City Manager requested Waiver of the PILOT and allow staff to come back with a revised proposal. Councilmember Camicia made a motion to approve the recommendation. Following further discussion, Councilmember Camicia expressed concern that there may be hired patrol instead of appropriate police protection; President Corica expressed desire for further police person; Councilman Arnerich pointed out that schools and other organizations hire the Police Officers for special events. The City Manager stated he would like to submit a recommendation regarding how the funds could be used, at the time the budget is submitted. Following further discussion, Councilmember Thomas made a motion to waive the PILOT for this year and direct the City Manager to return with a recommendation. Councilmember Monsef seconded the motion and it was carried by unanimous voice vote - 5. 89 -264 Resolution No. "Authorizing adopting of plan to provide a permanent fence around the train engine at Washington Park and appropriating funds from the Dwelling Unit Tax Account for said Project." Not adopted. Councilman Arnerich stated there have been accidents around the train, and disregard for maintenance of the train which could again be made into a very attractive play unit; he does not like the proposed fence; he would like Southern Pacific and train buffs, etc., contacted to request they make a commitment to come and help, and also consider the possibility of building a skirt so children cannot crawl under the train, and so moved. Councilmember Thomas seconded the motion and it was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 89 -265 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Adding sections providing for the regulation of trespassing upon, and loitering about, Housing Authority complexes." Introduced. Councilmember Thomas moved introduction of the ordinance, Councilmember Monsef seconded, and the motion was carried by unanimous voice vote - 5. 89 -266 Ordinance No. , N.S. "Amending the Alameda Municipal Code by adding Section 17 -583.1 thereof establishing thirty miles per hour prima facie limits." Introduced. Following brief discussion on the proposed speed, Councilmember Thomas moved introduction of the ordinance. Councilmember Monsef seconded and the motion was carried by unanimous voice vote - 5. April 5, 1989 NEW BUSINESS 89 -267 Consideration of a nomination for apppointment to Board of Appeals. President Corica commented John Stewart has been serving on the Board of Appeals since 1984 but has moved out of town. President Corica nominated Donald Phillips for appointment to the Board of Appeals. Councilmember Thomas seconded the nomination and it was carried by consensus of Council. ORAL COMMUNICATIONS 89 -268 Gerhard Degemann, 19 Sandpiper Place, stated he had many calls stating displeasure regarding some actions of the Planning Board concerning the Settlement Agreement with Harbor Bay Isle (HBI), particularly in requesting bicycles; and thanked Council and the City Manager for the settlement made with HBI and believes everyone will benefit by it. 89 -269 Councilmember Camicia requested the Housing Commission look at some of the items discussed at the Regular Council Meeting last night which may help Housing Authority Unit tenants into affordable housing and free the units for other people who need them, for example, providing services to Housing Authority tenants, exploring possibility of working with the County, Community Colleges, and other organizations, etc. ADJOURNMENT The meeting was adjourned by President Corica at 10:00 p.m. Respectfully submitted, 4 DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. April 5, 1989