Loading...
1995-10-17 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL OCTOBER 17, 1995 The meeting convened at 8:00 p.m., with Mayor Appezzato presiding. The Pledge of Allegiance was led by Vice Mayor Mannix. Reverend Zuikei Taniguchi, Buddhist Temple of Alameda, gave the invocation. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and President Appezzato - 5. ABSENT: None. 3. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. President Appezzato announced that the High Street Bridge would be reopened effective midnight. 4. CONSENT CALENDAR President Appezzato stated that the following items were pulled for public discussion: 4-E (95-632) [Report from Public Works Director recommending Acceptance of Work by Buestad Construction, Inc. for the Interior Renovation of Historic Alameda High School - East Wing, 2250 Central Avenue, No. P.W. 05-95-11; 4-H (95-633) [Report from Public Works Director regarding Utility Undergrounding and Recommending a Date and Time for a Public Hearing to Consider Establishing Underground Districts (Phase 4); and 4-1 (95-634) [Resolution Terminating the Regulatory Agreement between the City of Alameda and the Housing Authority of the City of Alameda Related to the Development of 12 Units of Seniors Housing at 2201 Santa Clara Avenue]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. (*95-625) Minutes of the Special and Regular Council Meetings of September 19, 1995; and the Special City Council & Housing Authority Board of Commissioners Meeting of September 19, 1995. Approved. Regular Meeting, Alameda City Council October 17, 1995 3O (*95-626) Report from Finance Director transmitting Investment Portfolio for Period Ending September 30, 1995. Accepted. (*95-627) Report from Fire Chief recommending Adoption of Specifications and Calling for Bids for Alert and Warning Sirens. Accepted. (*95-6281 Report from Public Works Director recommending Acceptance of Work by Ageon Painting Company for the Painting and Exterior Renovation of Historic Alameda High School - East Wing, 2250 Central Avenue, No. P.W. 03-95-06. Accepted. See paragraph (95-632). (*95-629) Report from Public Works Director recommending Acceptance of Work by McGuire and Hester and Release of Retention Account for Alameda Ferry Terminal Shoreline Protection and Windbreak Construction, No. P.W. 12-92-15. Accepted. (*95-630) Report from Public Works Director recommending Authorization of Agreement between the City of Alameda and Port of San Francisco for Landing Rights at Pier 1/2. Accepted. See paragraph (95-633). See paragraph (95-634). (*95-631) Bills, certified by the City Manager to be true and correct, were ratified in the sum of $3,887,904.96. Ratified. (95-632) Report from Public Works Director recommending Acceptance of Work by Buestad Construction, Inc. for the Interior Renovation of Historic Alameda High School - East Wing, 2250 Central Avenue, No. P.W. 05-95-11. Accepted. Gerhard Degemann, Alameda, commended Buestad Construction Company on the Historic Alameda High School renovation project [interior renovation], including the upgrades. Don Bergen, Alameda, commended Ageon Painting Company on the Historic Alameda High School renovation project [painting and exterior renovation]; and stated that sprinklers and fire doors were installed for the safety of employees and records. Vice Mayor Mannix moved acceptance of the recommendation. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting, Alameda City Council October 17, 1995 311 (95-633) Report from Public Works Director regarding Utility Undergrounding and Recommending a Date and Time for a Public Hearing to Consider Establishing Underground Districts (Phase 4). Accepted. Councilmember Lucas stated that the Public Utility Board used certain criteria to select the areas for undergrounding; that undergrounding greatly benefits a neighborhood and improves property values; requested information on the number of miles of undergrounding in west, central and east Alameda; and stated that preference should not be given to any one area. Councilmember Lucas moved acceptance of the recommendation [set a date of hearing for December 19, 1995, for a public hearing to ascertain whether the public necessity, health, safety, or welfare require conversion within certain Underground Utility Districts (Phase 4)]. Councilman Arnerich seconded the motion. President Appezzato stated that at the last public hearing regarding same, there were many concerned citizens; and recommended that the City be sure to notify everyone of said hearing. The motion carried by unanimous voice vote - 5. (95-634) Resolution No. 12694 "Terminating the Regulatory Agreement between the City of Alameda and the Housing Authority of the City of Alameda Related to the Development of 12 Units of Seniors Housing at 2201 Santa Clara Avenue." Adopted. John Scott Graham, Alameda, stated that approximately 30 to 40 children live in his apartment complex; that said children have no place to play; and that the complex was not designed with children's welfare in mind. Councilmember Lucas moved adoption of the Resolution. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. 5. REGULAR AGENDA ITEMS (95-635) Resolution No. 12695 "Reappointing Gail A. Wetzork as a Member of the City Recreation Commission." Adopted. Councilman Arnerich moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Wetzork. Mr. Wetzork, President, Friends of the Park Foundation, provided a brief overview of the Foundation, including benefits provided by Regular Meeting, Alameda City Council October 17, 1995 ,) 2 the Foundation; stated that a fundraising drive was being conducted for modern park signage and biographical plaques about local citizens for whom parks are named, which will provide historical information for future generations; stated that the Foundation was seeking support from both the business and residential communities to fund said endeavors; and that the Foundation was hoping to fund an endowment to provide a stable, future funding source. (95-636) Resolution No. 12696 "Appointing J. Shirriel as a Member of the City Recreation Commission." Adopted. Councilmember DeWitt moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Mr. Shirriel. (95-637) Report from the City Manager providing additional information regarding the City's Modified Work Week. Earl Peacock, Alameda, spoke in support of a 40-hour, five-day work week; and suggested that a study be conducted to combine the Police and Fire Departments into a public safety department where each fireman is also a policeman and visa versa. Don Bergen, Alameda, spoke in support of the staff recommendation not to modify the existing four-day work week, except for the Main Library. Judith Altschuler, City employee representing ACEA members at City Hall, stated that ACEA's membership was polled and 2/3rds of members at City Hall were in support of retaining the four-day work week primarily due to the reasons conveyed in the staff report; advised Council of various reasons for retaining the four-day work week, e.g. benefit of Fridays off, continuing education, attendance at children's school functions; stated that the volunteer-basis work week did not work for ACEA members; and that the majority of ACEA members would not voluntarily go back to the volunteer-basis work week. In response to Councilmember Lucas' inquiry regarding the City's ability to retain staff due to the benefit of a four-day work week, even though the salaries are not the highest, Ms. Altschuler stated that benefit was most definitely a major reason for employees remaining with the City. Marion Miller, President, ACEA, stated that ACEA's membership was polled; that said poll indicated that much of the membership approved of the four-day work week; that half of the membership is struggling with the 4% reduction in pay; that the majority of workers do not want a split work week; that their experience from Regular Meeting, Alameda City Council October 17, 1995 34_3 the previous work schedule when people took a variety of days off contributed to their reasons, e.g. inability to get a hold of employees as needed, forced to come to work on their day off so that they can get things done, such as reports for the City Council; that if the City goes back to a five-day work week with all employees back on a normal five-day schedule, half of the membership would be willing to work a voluntary-reduced work week; that when the ACEA Memorandum of Understanding was signed, the City had $5 million in reserve; that the City currently has $6.1 million, and, therefore, seemed that the City should be able to return to a full, five-day schedule and the need for the $250,000 the City said necessitated a forced four-day work week for all non- enterprise ACEA employees no longer prevailed; that if previously- stated was not the case, ACEA proposed that the Recreation and Parks Department be brought back to a full, five-day work week; that the Recreation Department's programs are suffering, and that it is the front-line staff who gets complaints from parents; that the Park Maintenance workers need to go back to a five-day schedule so the parks can be safer, cleaner and better maintained; and that the ACEA wanted to work with Council to find a plan that benefits the citizens, the City and the employees. Councilman Arnerich confirmed that the ACEA members desired to retain the four-day work week in lieu of a modified work week, and that the membership would not be reluctant to going back to a five- day work week. Ms. Miller stated that it was determined from the membership poll that if the City returned to a full, five-day work week, 50% of the membership would be willing to do a voluntary reduced work week; that they would like to have a day off a week, which would also help the City monetarily; and that they would volunteer to take the day off rather than being forced by policy. Shirley Cummins, Alameda, spoke in support of Vice Mayor Mannix's recommendation to return to a five-day work week; inquired how many City employees resided in the City and were available for disasters; opposed Mr. Peacock's suggestion to create a public safety department; stated that every City employee can be replaced and with lower salaries; and that nurses in hospitals must be ready, willing and able to work all shifts, including holidays, Saturdays and Sundays. John Scott Graham, Alameda, spoke in support of the four-day work week; and opposed the Library being closed on Fridays and suggested that the Library be closed on Mondays instead. Vice Mayor Mannix stated that he respected and valued the services rendered to the City by representative groups; that he was . disappointed with the reports provided by management; that management's reports sent back a cannot-do message; that he does Regular Meeting, Alameda City Council October 17, 1995 344 not agree with many reasons given by management; that the City is a customer-oriented business; that his problems with opening City Hall on a less than five-day basis are as follows: 1) a four-day work week is not customer driven, 2) it is not the norm for government agencies or most viable businesses to be closed one day a week, 3) it presents a perception that City government is not viable and is racked with pain over fiscal constraints that the City cannot operate five days a week, 4) it is not the image that the City should be projecting to people that the City hopes to attract to invest, 5) that the City needed to project that, even in hard times, the job of City government can and will be performed; stated that since management took the time and presented a number of reasons why a five-day work week could not work, he provided the following reasons how it could succeed: 1) budgetary savings could be maintained with creative scheduling, 2) cross training, 3) job sharing, 4) commitment to communication with the public and with staff while stressing customer service, 5) traffic trip mitigation could be maintained with creative scheduling, 6) efficient use of staff could still be maintained by adjusting, adapting and overcoming, and could be offset by management confidence in employees, 7) if necessary, management could be contacted by phone, 8) that the provision of longer hours as being an asset of the four-day work week was mythical, and even with flex scheduling would require 36 or 38 hours of attendance at work from employees in a four- or five-day work week, 9) that the extended hours on Thursdays does not appear to assist the public as anticipated, 10) that management's challenge was to creatively manage their staff, which required a commitment to good communication, 11) deadlines should not be affected by creatively planning the work, 12) that Y- rates positions [acting position when a lower classification worker works out of classification in a higher classification] should not be created, and additional duties assumed under the category of "other duties" as assigned, 13) that technical training and thoughtful customer service could alleviate possible miscommunication with customers; and that the City needed to get back to basics and provide appropriate customer-driven service to the community. Councilman Arnerich spoke in support of Vice Mayor Mannix and a can-do attitude; stated that when he worked out of his classification, he was never paid a Y-rate and assumed duties as other related duties; that citizens are entitled to have services provided five days a week; and moved that effective January 1, 1996, the Planning, Recreation, and Building Departments resume a five-day work week, 7.5 hour days, providing it meets with the MOUs and union contracts, and that the City Manager determine ways to resume full operation of City Hall effective July 1, 1996, without trimming the budgets of staff. Councilmember Lucas spoke in support of the staff recommendation not to modify the existing four-day work week; stated that she did Regular Meeting, Alameda City Council October 17, 1995 315 not support Councilman Arnerich's motion nor Vice Mayor Mannix's comments; that a five-day work week was not an efficient system; that she had not received any complaints regarding the four-day work week; that she did not foresee revenue increasing and does not support giving pay raises; that she desires to retain the City's excellent staff and believes it to be a benefit to the employees; that she was impressed with the way the work was being accomplished during the four-day work week; that the City Manager is working on reopening the Library six days a week; and that the City Manager's proposal is excellent. Councilmember DeWitt stated that one of the duties and functions of government is to provide service to the citizens and the people they govern; that the City has budget constraints; that the City Manager is doing a good job in getting the work done; that he is not in favor of Vice Mayor Mannix's comments; that he does understand that the City's primary mission is to provide service and that the normal period for providing service is a five-day work week; that because of the budget constraints, he agreed with Councilman Arnerich with regards to a phase-in type of program; and that the City can get back to a solid footing without a large, financial outlay if the five-day work week is phased in. President Appezzato stated that he was the only Councilmember to vote against a four-day work week approximately a year ago; that he will support a return to a five-day work week in some form; that the votes now exist to accomplish that; and that he looks forward to how the City Manager plans to implement Council's decision. The City Manager stated that perhaps the memo was misleading; that the memo was not intended to show how things cannot work but rather to show what the impacts are of implementing a change in the program and how the program can work; that the following four options were examined: 1) continuing with existing four-day work week, Fridays off, which was the basis for the City's budget to be balanced for the current fiscal year, 2) return to the five-day work week with a 37.5 hour week, which is five days at 7.5 hours per day for all employees, and is the most expensive option and costs approximately $250,000 a year, 3) to look at a modification or phase-in of that which would mean the City would open the library approximately November 17th, if the work is completed and believes it will be, which would return the Library from five days to six days a week, 4) opening the first floor of City Hall, Recreation, Planning, Building Inspection and Central Permits, which have the most public contact, on a five-day a week basis with the employees continuing to work their four days, 36 hours a week, but staggering their time, which is the least cost of $35,000 to $40,000 per year, including the utilities, e.g. heating, lighting, water, fuel for vehicles; 5) going to a flexible work week for all employees, which is approximately $200,000 on an annual basis, which retains the four-day work week for the employees but staggers Regular MerAing, Alameda City Council October 17, 1995 6 the day off; that the City does have the adjust, adapt and overcome, attitude that Vice Mayor Mannix is looking for; that there are impacts associated with a change in scheduling; that the department heads provided an honest assessment of what those impacts would be; elaborated on impacts attributed to City, County and State economic factors; suggested that Council not proceed with the most expensive impact; suggested that if Council wishes to proceed, to phase the process; stated that the City was concerned about the impact on the public; that the only complaints received were regarding the Library; and reviewed ACEA and MCEA's previous and current Agreements. Following further discussion, the City Manager stated that an increase in hours requires a Meet and Confer Session. The City Attorney stated that she understood the proposal is for a five-day work week, with staff continuing to maintain the working schedule conditions; that if Council changes the working conditions including an increase of 4% working hours, the City would be required to Meet and Confer with each of the bargaining units and the City could not implement the change immediately; and that the City could go back to being open five-days a week with staff working four-days. In response to Councilman Arnerich's inquiry, the City Manager stated that the approximate time frame needed to Meet and Confer would be a month or two. The City Manager stated that the City would not have to Meet and Confer; that City Hall could open five-days a week without work hours changed; however, that if Councilman Arnerich is asking to increase work hours from 36 to 37.5 hours a week, Meet and Confer would be required. In response to Councilman Arnerich, the City Manager stated it was recommended by the department heads that if Council changes the work schedule, that Council provide additional clerical support for when employees are off; and that said impact would be approximately $40,000, which is the least expensive proposal at this time. Following discussion, Councilman Arnerich amended his motion to state: that effective January 1, 1996, the Planning, Recreation, and Building Departments adhere to a 9-hour day, five-day work week, with staggered days off, providing it meets with the MOUs and union contracts, and that the City Manager determine ways to resume full operation of City Hall effective July 1, 1996, without trimming the budgets of staff. Councilman DeWitt seconded the motion. Councilmember Lucas spoke in opposition to the motion. Regular Meeting, Alameda City Council October 17, 1995 317 Vice Mayor Mannix referred to management's reports and stated that clerical support could be provided at a lesser cost by utilizing temporary staff support; and requested that the City Manager keep costs to a minimum. Following discussion, the City Clerk stated, for the record, that the figure referred to by Vice Mayor Mannix pertaining to the Clerk's budget, had not been provided by that Department. President Appezzato stated that he does not support the four-day work week; that the City has many fiscal concerns; that he has not voted for any major spending initiative, except the remodeling of City Hall, the East Wing of Historic Alameda High School, the three fire stations, the computer system for police, and Mastick Senior Center, and the 2% utility tax to pay for that; that the City needs the revenue to off-set costs; and that he did not support any other major spending initiatives. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Vice Mayor Mannix and President Appezzato - 4. Noes: Councilmember Lucas - 1. Absent: None. Council recessed at 9:26 p.m. and reconvened at 9:37 p.m. (95-638) Report from City Manager recommending Acceptance of a Donation for Installation of a Fountain Within the Right-of-Way and Establish a Policy for Same. Accepted. Councilmember Lucas stated she was previously opposed to the donation; and that she would support said recommendation since Mr. Jaber has agreed to increase his donation by paying one half of the maintenance costs up to a maximum of $700 for the first two years. Councilmember Lucas moved acceptance of the recommendation [accept donation and authorize expenditure of funds to cover City costs). Councilmember Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-639) Report from Community Development Director recommending Authorizing the City Manager to Execute an Agreement with the U.S. Department of Commerce, Economic Development Administration for Acceptance of a $75,000 Grant Award. Accepted. Councilmember DeWitt stated that the grant was a benefit to the City; that the City has several underutilized and vacant buildings on Webster Street; and the grant should assist the City in recruiting and hiring someone to assist in rectifying the problems. Councilmember DeWitt moved acceptance of the recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. RegulArmn-ring,AWnedaCityCcomicill October 17, 1995 34.8 (95-640) Report from Public Works Director recommending Approval of a One-Year Lease with Pacific Shops, Inc. for Approximately 3.5 Acres of Tideland Trust Property at 2033 Clement Avenue. Accepted as amended. Don Roberts, Alameda, spoke in opposition to staff's recommendation; stated that the City will ultimately only net $5,000 per year from said lease; and that Pacific Shops should pay $105,000 for a one-year lease for the City's 3-1/2 acres of developed water-front land. Shirley Cummins, Alameda, spoke in opposition to staff's recommendation; stated that water-front property is considered prime; and questioned staff's rational for determining costs of said lease. President Appezzato recommended that sub-paragraph 4 under Other Lease Terms and Conditions of the staff report be deleted. The Public Works Director stated that he spoke with the General Manager, Bureau of Electricity; that Mr. Lewis was concerned that the lease would be short-term and the Bureau of .Electricity would have to spend money to improve the property and not get [appropriate] value from same; that Mr. Lewis spoke with the Navy and that they are willing to give Mr. Lewis license agreement extensions on a yearly basis; and that there was no need to have sub-paragraph 4 in the lease. The City Manager stated that sub-paragraph 4 was placed in the lease because it was responding to a request from the Public Utility Board President; it was to provide an option, not a mandate, so that the Bureau would not be forced out of its existing storage location without a place to go. President Appezzato stated that he understood the City Manager's concern, but believed they were separate issues and should not be combined. In response to Vice Mayor Mannix's inquiry, the City Manager stated that the effective date of the lease would be upon execution of the agreement, which would happen within a few days if. Council approved it today. In response to Vice Mayor Mannix, the City Manager stated that it was the intent of staff to continue negotiating the long-term lease. Councilman Arnerich moved acceptance of the recommendation [find that the proposed lease is statutorily exempt under Section 15261 of the CEQA (California Environmental Quality Act) Guidelines, "Ongoing project being carried out by a public agency •which was Regular Meeting, Alameda City Council October 17, 1995 3i9 approved prior to November 23, 1970,"; approve the lease, as amended, in the form substantially similar to the draft Tidelands Lease or with any changes deemed appropriate by the Council; and authorize the City Manager to execute same]. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. (95-641) Introduction of Ordinance Authorizing Execution of Third Amendment to Tideland Lease with Alameda Gateway, Ltd. Introduced. President Appezzato stated that the lease returns the Ferry Terminal property to the City which was the most important factor in the Third Amendment to the Lease. Vice Mayor Mannix moved introduction of the Ordinance. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote -5. (95-642) Introduction of Ordinance Authorizing City Manager to Execute a Non-Exclusive Easement Agreement with Metricom, Inc. for Space on City Light Standards. Introduced. Councilman Arnerich stated that a camera box was installed on the light pole on the corner of Walnut and Central. Councilmember Lucas moved introduction of the Ordinance. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. (95-643) Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Subsection 8-7.9 (Heavy Commercial Vehicles) of Section 8-7 (Parking Prohibitions) of Chapter VIII (Traffic and Motor Vehicles), Thereof, Restricting Heavy Commercial Vehicles from Parking in Driveways. Finally Adopted. Councilmember Lucas moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 6. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (95-644) Neil Patrick Sweeney, Alameda, stated that the City Council should continue to pursue a second UCSF campus in 1996. (95-645) Don Bergen, Alameda, stated that the City Council should denounce Nation of Islam leader Louis Farrakhan. (95-646) John Scott Graham, Alameda, stated that he was concerned about Social Security cuts. Regular Meeting, Alameda City Council October 17, 1995 350 (95-647) Shirley Cummins, Alameda, stated that she did not believe the world was going to let the Navy Base go away, e.g. recent acts by Russia and Korea; that Vice Mayor Mannix did not talk long enough on the modified work week; and commented on her work experience, e.g. long hours, at a hospital in Oakland. 7. COUNCIL COMMUNICATIONS (Communications from Council) (95-648) Consideration of Adjourning Regular Council Meeting of Tuesday, November 7, 1995, to Wednesday, November 8, 1995, due to November Election. Adjourned to November 7, 1995. Following discussion, Vice Mayor Mannix moved that the Regular Council Meeting remain as scheduled for Tuesday, November 7, 1995, at 7:30 p.m. Councilmember DeWitt seconded the motion, which carried by unanimous voice vote - 5. (95-649) Consideration of Mayor's nomination(s) for appointment to the Mayor's Transportation Systems Management Committee. Nominated. President Appezzato nominated and appointed Lynda Olson as Citizen- at-Large Members, Carl Anderson (representing the Food and Drug Administration [FDA] in Harbor Bay Business Park - a large employer), and Don Kechly (representing College of Alameda - a "center"). (95-650) Vice Mayor Mannix requested a status report on the BFI Bike Bridge. (95-651) Vice Mayor Mannix requested that the meeting be adjourned in memory of John Weber, retired Police Officer. (95-652) Councilmember DeWitt requested a status report on the Community Policing Program. (95-653) Councilman Arnerich requested that the meeting be adjourned in memory of James Turner, former Alameda principal. Regular Mooting, Alameda City Council October 17, 1995 351 8. ADJOURNMENT (95-654) President Appezzato adjourned the meeting at 10:13 p.m. in memory of John Weber and James Turner. Respectfully submitted, The agenda for this meeting was posted in advance in accordance with the Brown Act. Regular Meeting, Alameda City Council October 17, 1995