Resolution 12477CITY OF ALAMEDA RESOLUTION NO. 12477
AUTHORIZING APPLICATION FOR 1994-95
TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS
FOR PEDESTRIAN/BICYCLE PROJECTS
WHEREAS, the Metropolitan Transportation Commission (MTC)
has allocated funds for Transportation Development Act (TDA)
Article 3, Pedestrian/Bicycle Projects for the fiscal year 1994-95;
and
WHEREAS, the City of Alameda wishes to apply to the MTC
for the funding of three projects: $120,000 for the Mariner Square
Loop Bicycle/Pedestrian Path Project, $137,500 for the Joint
Alameda/Oakland Project-Embarcadero Bike Lane and Park Street
Bridge Approaches and $40,000 for the Pedestrian Handicap Ramps (20
sites) Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Alameda authorizes the filing of applications with the
Metropolitan Transportation Commission for allocation of
Transportation Development Act funds for fiscal year 1994-95 for
the projects described above, and authorizes the Public Works
Director to execute any necessary documents.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Patricia Calbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12478
GRANTING AN APPEAL OF A CONDITION OF
APPROVAL OF A HISTORICAL ADVISORY BOARD'S
APPROVAL OF CERTIFICATE OF APPROVAL,
CA-93-14, AT 2526 BLANDING AVENUE.
WHEREAS, Don Patterson made an application on behalf of the
First Samoan United Congregational Church on August 31, 1993 to
permit the demolition of a structure located on a site listed on
the Historical Building Study List; and
WHEREAS, application was complete on September 28, 1993; and
WHEREAS, the General Plan designation is General Industry; and
WHEREAS, the Zoning Ordinance classification is M-2, General
Industrial District; and
WHEREAS, the proposal is Categorically Exempt from CEQA,
Guidelines, Section 15301(1) -- demolition of a small structure
which has no historical significance; and
WHEREAS, the Historical Advisory Board held a public hearing
on this application on October 7, 1993;
WHEREAS, the Historical Advisory Board made a finding that
based on the City files, a determination could not be made that the
structure had historical significance; and
WHEREAS, the Historical Advisory Board approved the
Certificate of Approval with a condition requiring that no building
permit for the demolition of the structure will be issued prior to
the sale of the property and the transference of the title, so as
to give the new owner the option to reuse the structure or demolish
it; and
WHEREAS, Don Patterson appealed the approval of the condition
to the City Council on October 19, 1993; and
WHEREAS, the City Council held a public hearing on the appeal
on December 7, 1993; and
WHEREAS, the City Council finds that:
1. The structure does not have any historical or
architectural value; and
2. It is not reasonable to delay demolition; and
WHEREAS, the City Council accepts the appellant's
documentation that the structure is incapable of earning an
economic return on its value;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Alameda approves the appeal of the Historical Advisory Board's
conditional Certificate of Approval, and approves the Certificate
of Approval without a condition.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
/0
AdIPITI)
Patricia Calbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12479
AUTHORIZING AMENDMENT TO CONTRACT WITH
MUNICIPAL RESOURCE CONSULTANTS AND
INSTITUTING AUDITING PROCEDURES FOR
UTILITY USERS TAX AND FRANCHISE FEE PAYMENTS
WHEREAS, the City derives substantial revenues from its
utility users taxes and franchise fees; and
WHEREAS, it is prudent and appropriate that the City
perform a periodic audit of those persons of entities responsible
for the collection and/or payment of utility users taxes and
franchise fees to the City; and
WHEREAS, in order to conduct a thorough and efficient
audit, the City requires reasonable access to certain information,
records, and data of those persons or entities responsible for the
collection and/or payment of utility users taxes and franchise fees
to the City; and
O j WHEREAS, SB 278 became effective on August 2, 1993 which
entitles the City to collect a surcharge on transportation,
customers utilizing public rights-of-way through energy
transpnrters; and
(I)
as
( WHEREAS, with respect to the City's auditing of all gas
transporters, telephone and CATV utility users taxes and franchise
fees, the City has retained the services of Municipal Resource
Consultants and Donald H. Maynor (through MRC), hereinafter
"Consultants"; and
WHEREAS, the City desires to amend its existing agreement
with Consultants to expand the revenue enhancement services
currently being provided to the City to recover all revenue to
which it is entitled from franchise fees and utility users taxes
including any SB 278 surcharges from the date of enactment of the
dtatute to the date Pacific Gas and Electric commences collection
of the surcharge.
NOW, THEREFORE, BE IT RESOLVED that the Council of
the City of Alameda hereby:
1. Authorizes the City Manager to execute the Amendment
to Consultant Services Agreement, attached to the staff report as
Exhibit A.
2. Institutes an audit proceeding of the City's gas,
telephone and CATV utility users taxes and franchise fees, wherein
the City Staff and Consultants shall periodically report to the
City Council the findings of such audit activities.
3. Authorizes the Mayor of the City Council to issue
subpoenas on behalf of the City Council pursuant to Government Code
§ 37104 et seq., requiring the subpoenaed party to provide certain
information to the City and /or its authorized representatives for
purposes of conducting an audit of the City's gas, telephone and
CATV utility users taxes and franchise fees and SB 278 surcharges
from the date of enactment of the statute to the date Pacific Gas
and Electric commences collection of the surcharge.
4. Designates Consultants as authorized representatives
of the City for purposes of conducting an audit of the City's gas,
telephone, and CATV utility users taxes and franchise fees, and for
purposes of requesting audit information and information described
in Public Utilities Code § 6354 (j), and for purposes of receiving
such subpoenaed or requested information.
5. Authorizes the City Manager, or his designee and /or
Consultants, as required by the responding party, to execute non-
disclosure agreements on behalf of the City in appropriate cases in
which confidential or proprietary information is requested or
subpoenaed, and such information is not subject to disclosure under
the Public Records Act.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Y 1
i<I
Patricia Galbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12480
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ALAMEDA AND
ALAMEDA CITY EMPLOYEES' ASSOCIATION
INCLUDING SALARY RESOLUTION FOR PERIOD
OCTOBER 1, 1993 THROUGH SEPTEMBER 30; 1996
WHEREAS, there has been submitted to this Council a
Memorandum of Understanding between the Alameda City Employees'
Association and the City of Alameda; and
WHEREAS, the Council of the City of Alameda has fully
examined said proposed Memorandum of Understanding, a copy of which
is on file in the Office of the City Clerk, and thereby finds and
determines adoption of said document to be in the best interest of
e_o the City;
a.) NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that said Council hereby approves and adopts said
0 „ proposed Memorandum of Understanding.
BE IT FURTHER RESOLVED that the provisions of this
Resolution shall supersede any other Resolution in conflict
herewith.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December 1993, by the following vote to wit:
AYES:
Councilmembers Arnerich, Lucas, Roth and
President Withrow - 4.
NOES: Councilmember Appezzato - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
APnwir
Patricia Calbr_eath, Deputy City Clerk
City of A1aneda
CITY OF ALAMEDA RESOLUTION NO. 12481
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ALAMEDA AND
UNITED PUBLIC EMPLOYEES LOCAL #790 SEIU
INCLUDING SALARY RESOLUTION FOR PERIOD
JANUARY 1, 1993 THROUGH DECEMBER 31, 1994
WHEREAS, there has been submitted to this Council a
Memorandum of Understanding between the United Public Employees
Local #790 SEIU and the City of Alameda; and
(_4
WHEREAS, the Council of the City of Alameda has fully
examined said proposed Memorandum of Understanding, a copy of which
is on file in the Office of the City Clerk, and thereby finds and
co b determines adoption of said document to be in the best interest of
t the City;
0
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
0 - of Alameda that said Council hereby approves and adopts said
proposed Memorandum of Understanding.
BE IT FURTHER RESOLVED that the provisions of this
Resolution shall supersede any other Resolution in conflict
herewith.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
AYES:
Councilmembers Arnerich, Lucas, Roth and
President Withrow - 4.
NOES: Councilmember Appezzato - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
411161,40
Patricia Calbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12482
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ALAMEDA AND
ALAMEDA POLICE MANAGERS ASSOCIATION
INCLUDING SALARY RESOLUTION FOR PERIOD
DECEMBER 1, 1993 THROUGH DECEMBER 31, 1994
WHEREAS, there has been submitted to this Council a
Memorandum of Understanding between the Alameda Police Managers
Association and the City of Alameda; and
WHEREAS, the Council of the City of Alameda has fully
0 examined said proposed Memorandum of Understanding, a copy of which
is on file in the Office of the City Clerk, and thereby finds and
determines adoption of said document to be in the best interest of
0 the City;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that said Council hereby approves and adopts said
proposed Memorandum of Understanding.
BE IT FURTHER RESOLVED the provisions of this Resolution
shall sup'rsede any other Resolution in conflict herewith.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
Councilmembers Arnerich, Lucas, Roth and
President Withrow 4.
AYES:
NOES: Councilmember Appezzato - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Pat icia Calbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12483
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ALAMEDA AND
ALAMEDA MANAGEMENT AND CONFIDENTIAL
EMPLOYEES' ASSOCIATION
INCLUDING SALARY RESOLUTION FOR PERIOD
DECEMBER 1, 1993 THROUGH DECEMBER 31, 1994
WHEREAS, there has been submitted to this Council a
Memorandum of Understanding between the Alameda Management and
Confidential Employees' Association and the City, of Alameda; and
WHEREAS, the Council of the City of Alameda has fully
examined said proposed Memorandum of Understanding, a copy of which
is on file in the Office of the City Clerk, and thereby finds and
determines adoption of said document to be in the best interest of
the City;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that said Council hereby approves and adopts said
proposed Memorandum of Understanding.
BE IT FURTHER RESOLVED that the provisions of this
Resolution shall supersede any other Resolution in conflict
herewith.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
Councilmembers Arnerich, Lucas, Roth and
President Withrow - 4.
AYES:
NOES:
ABSENT:
Councilmember Appezzato - 1.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Al /041/44
Patricia Calbreath, Deputy City CI erk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12484
AMENDING MASTER FEE RESOLUTION NO. 12191
TO ESTABLISH PREFERENTIAL PERMIT PARKING FEES
WHEREAS, at the November 3, 1993 adjourned regular City
Council meeting, the City Council of the City of Alameda
established a one year trial period Preferential Permit Parking
program for certain streets within the City of Alameda, effective
January 1, 1994 through December 31, 1994 unless extended by City
Council resolution; and
WHEREAS, it is necessary to establish-fees and parking
fines to initiate the Preferential Permit Parking program for the
one year trial period, effective January 1, 1994 through December
31, 1994 unless extended by City Council resolution; and
WHEREAS, the Alameda Municipal Code and the California
Government Code provide that the City Council may set fees for
reasonable costs of providing various services by resolution; and
WHEREAS, the City Council, at the August 27, 1991 Special
o City Council meeting, directed City staff to amend the Alameda
r Municipal Code to reflect that City fees shall be set by City
Council resolution; and
WHEREAS, Resolution No. 12191 ("Master Fee Resolution"),
as amended, codifies existing fees for various City services and
permits;
WHEREAS, the City Council has determined that the fees
for the Preferential Permit Parking program are reasonable for
providing the service; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that the following schedule of fees and allowable
charges are hereby adopted as those to be charged for the
Preferential Permit Parking program, effective January 1, 1994
through December 31, 1994 unless extended by City Council
resolution:
PREFERENTIAL PERMIT PARKING FEES
Preferential Parking Permit (Annually)
Parking Violation Fine
Fine for Illegal Sale of Permit
Fine for Illegal Transfer of Permit
$40.00
$17.00
$50.00
$50.00
BE IT FURTHER RESOLVED that this Resolution shall not
become effective until the effective date of the adoption of the
required implementing ordinance.
BE IT FURTHER RESOLVED that the Preferential Parking
Permit Fees established in this Resolution shall only be in effect
for the one year Preferential Parking Permit trial period beginning
January 1, 1994 through December 31, 1994 unless extended by City
Council resolution.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 7th
day of December 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas and
President Withrow - 4.
NOES: Vice Mayor Roth - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Patricia Calbreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12485
FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WHEREAS, Government Code Section 22825.6 provides that a
local agency contracting under the Public Employees' Medical and
Hospital Care Act shall fix the amount of the employer's
contribution at an amount not less than the amount required under
Section 22825 of the Act, and
WHEREAS, Government Code Section 22857 provides that a
contracting agency may fix the amount of the employer's
contribution for employees and the employer's contribution for
annuitants at different amounts provided that the monthly
contribution for annuitants shall be annually increased by an
amount not less than 5 percent of the monthly contribution for
employees, until such time as the amounts are equal; and
WHEREAS, the City of Alameda, hereinafter referred to as
Public Agency is a local agency contracting with the Public
Employees' Retirement System.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda that the employer's contribution for each employee
shall be the amount necessary to pay the full cost of his/her
enrollment, including the enrollment of his/her family members in
a health benefits plan up to a maximum of:
CODE BARGAINING UNIT CONTRIBUTDDNPERMONTH
01 ACEA $16.00
02 Alameda Police Officers Association $16.00
03 IAFF #689 $16.00
04 IBEW $16.00
05 Management and Confidential Employees Assn $16.00
06 Alameda Police Managers Association $16.00
07 United Public Employees Local 790 SEIU $16.00
08 Unrepresented Management/Supervisors/
Confidential $16.00
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 21st day of
December , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of December, 1993.
Patricia Caibreath, Deputy City Clerk
City of Alameda
CITY OF ALAMEDA RESOLUTION NO. 12486
APPOINTING MAX D. BAYLOSIS
AS A MEMBER OF THE CABLE TELEVISION ADVISORY COMMITTEE
BE IT RESOLVED by the Council of the City of Alameda that
pursuant to Sections 2-13.1 and following of the Alameda Municipal
Code, and upon nomination of the Mayor, MAX D. BAYLOSIS is hereby
appointed to the office of member of the Cable Television Advisory
Committee of the City of Alameda to fill the unexpired term of
Johanna J. Caldwell commencing December 8, 1993 and expiring on
June 30, 1997 and to serve until his successcr is appointed and
qualified.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 21st day of
December, 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of December 23, 1993.
Patricia Calbreath, Deputy City Clerk
City of Alameda