pages: CityCouncil/2012-07-24.pdf, 12
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CityCouncil | 2012-07-24 | 12 | The City Manager continued to outline the changes: 3) delegating the City Attorney to review the language of the Lease with Greenway to ensure there are no mandates to use pesticides on the Course and that pesticides be used only as a last resort to maintain the Course; and 4) the City Attorney is to further elaborate upon the language to measure drainage for having the Course ready to be used again in a prompt manner after standard rainfall; stated the City Attorney would work with Greenway to elaborate on the standard. Councilmember Johnson inquired whether an amount would be assessed for real property taxes. The Assistant City Manager responded Greenway would pay possessory interest tax; stated Greenway would be responsible for discussing the matter with the County. Councilmember Johnson inquired whether language should be changed, to which the City Attorney responded possessory interest is viewed as real property taxes. The Assistant City Manager stated the language is clear; Greenway is aware that it would need to pay the taxes; the City would not be responsible. Councilmember deHaan amended his motion to accept the changes outlined [by the City Manager]. Councilmember Johnson seconded the motion. Under discussion, Vice Mayor Bonta inquired whether work would be subject to the prevailing wage ordinance if Greenway subcontracts or contracts out drainage or irrigation construction. The City Attorney responded in the affirmative; stated Greenway would be required to follow the prevailing wage ordinance if work is contracted out. Vice Major Bonta read from the prevailing wage ordinance; inquired whether the Lease would trigger the prevailing wage ordinance because the $1 million used to pay for the work would be from public funds and the drainage and irrigation construction work could be considered a public work. The City Attorney responded adding the requirement would be a stretch of the prevailing wage laws; stated the City is entering into a long term Lease partnering with Greenway for Golf Course operation; enforcing the law on an operator's employees is not typical; prevailing wage would only be triggered if Greenway goes to the public market for a separate construction project. Vice Major Bonta inquired whether the argument would be a stretch and would likely not be successful. Regular Meeting Alameda City Council 12 July 24, 2012 | CityCouncil/2012-07-24.pdf |