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2003-08-19 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - AUGUST 19, 2003 - - 7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:30 p.m. ROLL CALL - Present: Councilmembers Daysog, Kerr, Matarrese and Mayor Johnson - 4. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Mayor Johnson announced that the recommendation to approve the Amended Agreement between Bay Ship & Yacht Co., Port of Oakland and City of Alameda [paragraph no. 03 -386] and the Resolution Amending Exhibit A - Compensation Plan Established by Resolution No. 13545 [paragraph no. 03 -389] were removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 4. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *03 -385) Minutes of the Special and Regular City Council Meetings held on August 5, 2003 and the Special City Council Meeting held on August 7, 2003. Approved. (03 -386) Recommendation to approve the Amended Agreement between Bay Ship & Yacht Co., Port of Oakland and City of Alameda regarding the Oakland Harbor Navigation Improvement (50 -foot Dredging Project). Councilmember Kerr inquired whether transferring some of Alameda's tidelands to Oakland is being contemplated, to which the Deputy Public Works Director responded only maintenance easements for the Special Meeting Alameda City Council 1 August 19, 2003 bulkhead and wharf are being considered. In response to Councilmember Kerr's further inquiry regarding why the contract refers to Oakland's statutory right to accept tidelands property from Alameda, the Deputy Public Works Director stated the issue is technical; tideland areas can have easements for a maximum of 66 years; the easements being considered are written in perpetuity; as long as the bulkheads exist the maintenance easement is provided to the Port of Oakland; statutory legislation allows the City of Oakland the opportunity to have long -term rights over City tidelands. The City Attorney stated the property right being considered is an easement, not real property [ownership]. Councilmember Kerr moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. ( *03 -387) Resolution No. 13624, "Approving and Adopting the Disadvantaged Business Enterprise (DBE) Program Established Overall Annual Goal of 11% for Federal Fiscal Year 2004." Adopted. ( *03 -388) Resolution No. 13625, "Approving Parcel Map No. 7966 (3203, 3205 and 3207 Fernside Boulevard)." Adopted. (03 -389) Resolution No. 13626, "Amending Exhibit A - Compensation Plan Established by Resolution No. 13545 to Establish the Classifications of Senior Assistant City Manager and Senior Deputy City Manager and Amending Exhibit A -1 to Reestablish Salary Ranges for the Classifications of Assistant City Manager and Deputy City Manager." Adopted. In response to Councilmember Kerr's question regarding the number of employees in the City Manager's office, the City Manager stated there would not be an increase in the number of employees. The City Manager further stated three positions in the City Manager's office have been eliminated; the current Assistant City Manager is retiring; the resolution holds the Assistant City Manger salary for the recruitment; the Senior Assistant City Manager position must be created to allow the current Assistant City Manager to receive a pay increase July 1. Mayor Johnson inquired why a new salary range could not simply be set for the recruitment. Special Meeting Alameda City Council 2 August 19, 2003 The Human Resources Director responded the resolution sets the new salary range in the required manner; two classifications [salary ranges] cannot have the same title; having an incumbent in the position at one salary range while recruiting for the same classification at a different salary range is not allowable. Councilmember Kerr inquired whether the resolution creates four positions, to which the City Manager responded in the negative; stated Council is not authorizing an increase in the number of positions. Mayor Johnson inquired if a person would automatically be increased to Senior Assistant City Manager in the event of assuming added responsibilities. The City Manager suggested that the Senior Assistant City Manager salary range be eliminated following the current Assistant City Manager's retirement in January. Councilmember Kerr inquired about the salary range for the Senior Deputy City Manager, to which the City Manager responded that the Deputy City Manager salary ranges need not be adopted; recommended that the salary for the Senior Assistant City Manager and Assistant City Manager be adopted temporarily and the matter return to Council in January. Mayor Johnson inquired whether the salary range would have an impact on compaction with salaries of other positions. The Human Resources Director responded compaction issues have been resolved. The City Manager noted department heads would not report to the new Assistant City Manager. Councilmember Kerr moved adoption of the resolution with the changes suggested: leaving out the Deputy City Manager salary ranges and having the matter return to Council in January for elimination of the Senior Assistant City Manager salary range. The City Attorney stated the matter does not have to return to Council in January; that language can be added [to the resolution]: "Be it further resolved, that the salary range for the Senior Assistant City Manager be deleted January, 2004;" if Council authorizes said language change, the second step [matter returning to Council in January] would not be necessary. Councilmember Kerr amended her motion to include the language Special Meeting Alameda City Council 3 August 19, 2003 proposed by the City Attorney. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. ( *03 -390) Ratified Bills in the amount of $2,182,993.58. REGULAR AGENDA ITEMS (03 -391) Public Hearing to consider Resolution No. 13627, "Vacating Excess Right -of -Way on Harbor Bay Parkway Identified as Parcels 100 -1, 106 -1 and 109 -1 and on Maitland Drive Identified as Parcel 109 -2, including Related Public Easements Identified as Parcels 103 -1, 104 -1 and 105 -1 (Streets and Highways Code §8310 et seq.)." Adopted. There being no speakers, Mayor Johnson opened and closed the public portion of the Hearing. Councilmember Kerr inquired whether the City has taken action to control the dirt mounds near housing. The Public Works Director responded staff has been working with the Port of Oakland on the project; the Port is the project sponsor; the Port is waiting for a site near the airport to be prepared to accept the soil. Councilmember Kerr stated the problem has gone on for several years and dirt is blown into people's homes. The Public Works Director stated that he would personally check with the Port. The City Manager inquired when the project would be completed, to which the Public Works Director responded the end of the year. Councilmember Matarrese stated until the dirt is removed, it should be covered with plastic. Councilmember Matarrese moved adoption of the resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 4. ORAL COMMUNICATIONS, NON- AGENDA (03 -392) Clyde Ryan, City Crossing Guard, stated the problem of funding crossing guards positions has been raised for the third Special Meeting Alameda City Council 4 August 19, 2003 time. Mayor Johnson inquired whether Mr. Ryan heard that the Police Chief decided against making the proposed cuts. Mr. Ryan responded in the affirmative; urged Council to find a permanent solution to keep the funding problem from coming up every year; noted the cost is only $45,000 per school year. COUNCIL COMMUNICATIONS (03 -393) Consideration of Mayor's nomination for appointment to the Public Utilities Board. Mayor Johnson nominated Charles A. Bangert for appointment to the Public Utilities Board. (03 -394) Vice Mayor Daysog stated that several months ago, the City dealt with forming a landscaping and recreational district with Warmington Homes; there was a report on broadening the scope of municipal cost recovery; requested that said report be reviewed at a City Council meeting to address municipal cost recovery for Alameda Point. (03 -395) Mayor Johnson announced that there would be a Special Council Meeting on August 26 at 7:30 p.m. to address filling the vacant seat on the Council. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 7:51 p.m. Respectfully Submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council 5 August 19, 2003