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CityCouncil,2011-10-18,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
UESDAY--OCTOBEF 18, 2011--7:00 - P.M.
Mayor Gilmore convened the meeting at 7:10 p.m. Councilmember Johnson led the
Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore - 5.
Absent:
None.
AGENDA CHANGES
(11-489) Mayor Gilmore announced that the introduction of ordinance [paragraph no.
11-500 would be addressed after the resolutions of appointment.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY & ANNOUNCEMENTS
(11-490) Receive the Annual Presentation on the Façade Assistance Program for Fiscal
Year 2010-2011.
The Development Coordinator gave a Power Point presentation.
Mayor Gilmore stated the Façade Assistance Program presentation is one of her
favorites; Park Street and Webster Street look a lot better because the program has
been consistently funded over the last five years; the City has contributed $250,000 per
year; inquired how much has been leveraged through public sector investments.
The Development Coordinator responded $3 has been invested for every dollar
invested by the City; outlined next year's projects.
Vice Mayor Bonta stated that he is impressed with the program's ability to transform
facades; thanked staff for the good work.
Councilmember Johnson stated staff has done an excellent job; the City needs to
ensure that funding is preserved.
The Development Coordinator noted the program creates jobs.
Councilmember Tam echoed appreciation for the presentation; stated that she looks
forward to future presentations; the program outlines how the City leverages limited
resources and shows the visual, dramatic bang for the buck.
Councilmember deHaan inquired whether most of the buildings are historical, to which
the Development Coordinator responded in the affirmative.
Regular Meeting
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,2,"Proponents: Robb Ratto, Park Street Business Association (PSBA); and Judi Friedman,
West Alameda Business Association.
ORAL COMMUNICATIONS, NON-AGENDA
(11-491) Mary Anderson, Alameda, discussed the golf course land swap.
(11-492) Ariane Paul, Alameda; Carol Fairweather, Alameda; Mary Elena Goodan,
Alameda; Bonnie Petheram, Alameda; Gesine Lohr, Alameda; Willow Liroff, Alameda;
Trish Spencer, Alameda; and Ruth Smiler, Alameda urged the Council to keep the
animal shelter open.
CONSENT CALENDAR
Mayor Gilmore made a correction to the September 20, 2011 Special Meeting Minutes
and noted that she would abstain from voting since she was absent.
Councilmember Tam moved approval of the Consent Calendar.
Councilmember deHaan seconded the motion, which carried by unanimous voice vote -
5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*11-493) Minutes of the Special City Council Meeting held on September 13, 2011; the
Special and Regular City Council Meetings and Joint City Council and Community
Improvement Commission Meeting held on September 20, 2011; the Special City
Council Meeting held on September 26, 2011, and the Special City Council Meeting
held on September 27, 2011. Approved.
[Note: Mayor Gilmore abstained from voting on the September 20, 2011 minutes.]
(*11-494) Ratified bills in the amount of $2,315,190.10.
(*11-495) Recommendation to Authorize the City Manager to Execute an Amendment to
the Associated Community Action Plan Joint Powers Authority. Accepted.
(*11-496) Resolution No. 14624, ""Superseding and Rescinding Resolution 14537
Designating the Person to Perform the Duties of the City Manager in the Event of His or
Her Absence or Disability."" Adopted.
(*11-497) Resolution No. 14625, ""Authorizing the City Manager to Submit a FY11-12
Transportation Fund for Clean Air Regional Fund Application to the Bay Area Air Quality
Management District for $200,000 to Continue an Estuary Crossing Shuttle, Provide
$80,000 in Transportation Systems Management/Transportation Demand Management
Funds for the Local Match, and Execute All Necessary Documents."" Adopted.
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,3,"(*11-498) Resolution No. 14626, ""Amending the Management and Confidential
Employees Association Salary Schedule."" Adopted.
REGULAR AGENDA ITEMS
(11-499) Resolution No. 14627, ""Appointing Emani Pollard as a Member of the Youth
Advisory Commission."" Adopted;
(11-499A) Resolution No. 14628, ""Appointing Mackenzie Prince as a Member of the
Youth Advisory Commission."" Adopted;
(11-499B) Resolution No. 14629, ""Appointing Angus Storm as a Member of the Youth
Advisory Commission."" Adopted; and
(11-499C) Resolution No. 14630, ""Appointing Sonia W. Xu as a Member of the Youth
Advisory Commission."" Adopted.
Councilmember Tam moved adoption of the resolutions.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented certificates of
appointment to Ms. Pollard, Ms. Prince, Mr. Storm and Ms. Xu.
(11-500) Introduction of Ordinance Amending the Alameda Municipal Code by Adding
Article VIII (Sunshine Ordinance) to Chapter Il (Administration) Establishing Local
Standards to Ensure Public Access to Public Meetings and Public Records. Introduced.
The Acting City Attorney gave a brief presentation.
Proponents: Gretchen Lipow, Sunshine Task Force Member; Jon Spangler, Alameda;
and Carol Gottstein, Alameda.
Proponents with suggestions to revise the ordinance: Tracy Jensen, League of Women
Voters; John Knox White, Sunshine Task Force Member; and Robb Ratto, PSBA.
Councilmember Tam commended the Acting City Attorney, City Manager, and City
Clerk for helping with community efforts; stated finding ways to encourage people to be
informed and participate is important; encouraged people not to let perfect be the
enemy of good.
Vice Mayor Bonta thanked staff and community volunteers; applauded the City
Manager's efforts to implement items in the ordinance early.
In response to Vice Mayor Bonta's inquiry, the City Manager stated a twelve-day
noticing period is being practiced; the ordinance states eleven days.
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,4,"The Acting City Attorney stated the ordinance states having at least an eleven-day
noticing period.
Vice Mayor Bonta stated that he would prefer consistency in the noticing period and
would prefer twelve days.
Mayor Gilmore stated the proposed ordinance is historic for the City; efforts have been
monumental for all parties involved; the City owes the Sunshine Task Force and staff an
incredible debt; that she looks forward to implementing the ordinance and making
government more transparent and accessible; putting things in plain language is
important.
Councilmember deHaan stated other cities would be looking at the ordinance as a
model; thanked staff for stepping up to the plate.
Councilmember Tam stated documents should not be limited; that she supports the
League of Women Voters' recommendation to review the direct cost for duplication;
there seems to be some confusion with respect to special circumstances regarding an
Open Government Commission (OGC) member's term.
The Acting City Attorney suggested adding language to state no more than a four-year
term.
Councilmember Tam stated Council should strive not to preclude public access to
meetings; Council is not always in the best state of mind to deliberate on issues after
10:00 p.m.; that she does not think requiring a supermajority vote to go past 10:30 p.m.
would be a problem.
Mayor Gilmore stated limiting meetings to 10:30 p.m. would allow the public to attend
and participate in a meaningful way; having Councilmembers put full effort and energy
into making decisions would be in the best interest of the City; that she does not see
Council abusing a supermajority vote to go past 10: 30 p.m.
Councilmember Tam stated that she agrees with Mr. Knox White regarding ensuring
that a chosen electronic format could be viewed in a variety of mainstream computing
platforms and exhausting all remedies before a law suit is filed; the proposed schedule
makes a lot of sense; there was a question whether the OGC decision could be appeal
able to the Council; having a Council watchdog group ask Council for permission on
their decision seems odd.
Vice Mayor Bonta inquired whether Councilmember Tam is suggesting that there would
be no appeal to the Council.
Councilmember Tam responded Mr. Knox White commented that there is an avenue to
go through the Courts after exhausting the OGC process.
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,5,"The Acting City Attorney suggested a sentence be added stating that the time limits of
the Brown Act shall not be tolled pending any action to cure an alleged violation of the
Sunshine Ordinance; stated there is a very short time window for curing and correcting
an action under the Brown Act; the remedy would be to declare a decision null and void.
The City Manager stated most appeals would be from people unhappy with the OGC
not finding the City in violation; allowing an appeal to Council would not add value to the
process; people need a venue to complain about lack of transparency, but
accountability is also needed; urged that Council stay away from appeals.
The City Clerk noted Sections 2-91.8, 2-92.8(g), and 2-93.2 address appeals to the
Council.
Mayor Gilmore stated that she does not think Council is the right body to hear appeals;
suggested striking all references regarding appeals to Council.
Vice Mayor Bonta stated there might be exceptions; that he does not think Council
would be inherently compelled to recuse itself; that he understands the discomfort in
some areas; other situations might make sense for Council to be an appellate body.
Mayor Gilmore stated Council would know the result of the OGC's finding if noticing was
not done correctly; noticing provisions could be changed; clerical errors have occurred
in the past and re-noticing has been done.
In response to Vice Mayor Bonta's inquiry about whether self-curing eliminates the
discretion to issue a fine, the Acting City Attorney stated the OGC could have the
discretion to order the matter null and void, cure and correct, and impose a fine.
Councilmember Johnson stated fines should go into a specific fund.
Mayor Gilmore stated as the ordinance is written now, a cure and correct action would
be placed on a subsequent meeting agenda; language should be clarified that the
matter should be placed on the next available meeting agenda; a subsequent meeting
agenda could be three months out.
Councilmember Tam stated sometimes a body has difficulty getting a quorum.
Mayor Gilmore stated a special meeting could be called, if needed.
In response to Councilmember deHaan's inquiry regarding appeals, the City Manager
stated that he does not see the issue as a recusal problem; the courts could remedy the
situation if a person believes that the law has been violated; a swift and just process is
important; that he does not think it is in the interest of Council to become an appeal
court for the Sunshine Ordinance.
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,6,"Vice Mayor Bonta stated government needs to be held accountable; there could be
instances where Council could be the arbitrator enforcing the sunshine ordinance.
The City Manager stated Council could always require correction by giving direction to
the City Manager, who would direct staff to take care of the problem; that he does not
want Council to be tangled in formality.
The Acting City Attorney stated the ordinance could be amended from time to time;
inquired whether Council does not want to hear appeals, to which Council responded in
the affirmative.
Councilmember Johnson inquired whether there could be circumstances of an individual
violation but the City would be the entity in violation, to which the Acting City Attorney
responded in the affirmative.
The City Manager stated an individual could be subject to discipline if the individual has
a track record causing the City to be in violation.
Councilmember Johnson stated staff is committed to the ordinance; a situation involving
non-compliance would most likely be a mistake.
The Assistant City Manager stated training would be needed.
Councilmember Johnson stated the copy fee should not be open to whatever Council
decides.
Mayor Gilmore stated the fee would be based upon cost recovery.
Councilmember Johnson stated cost recovery could be interpreted in different ways.
The Assistant City Manager stated the cost would be in the fee scheduled adopted each
year; now, the cost is $0.10 per page.
Mayor Gilmore stated many documents are in electronic format and would be free.
The Acting City Attorney stated charges could be for copying only, not staff time.
Mayor Gilmore inquired where the fine would go.
The Acting City Attorney responded the fine could go toward acquiring the best
technology for openness and transparency.
The City Manager stated the money could be given to the contestant or could be
directed to the records retention program.
Vice Mayor Bonta inquired about training, education, and workshops.
Regular Meeting
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,7,"The City Manager stated Council could direct staff to utilize the funds for record
retention or public training and outreach.
Councilmember Tam stated the records retention program is ideal; educational
workshops should occur regardless of generating fines.
Councilmember Johnson stated a supermajority vote should be required for going past
10:30 p.m. and there should be an absolute end time of midnight.
The Assistant City Manager stated an item not addressed could be brought up after
10:30 p.m. subject to the supermajority vote of Council.
Mayor Gilmore stated Council and Oral Communications could still be addressed.
Councilmember Johnson stated a final end time should be set.
Councilmember Tam stated some items might have deadlines, which would require that
action be taken.
Councilmember Johnson stated people do not think clearly when it is very late; the
public does not want to stay late; staff has already put in a full day and should not have
to stay too late.
*
Councilmember Tam left the dais at 9:21 p.m. and returned at 9:23 p.m.
The Acting City Attorney stated staff would be mindful to have Council address items
that have deadlines earlier in the meeting.
Mayor Gilmore stated the issue is agenda management; that she is in favor of the
supermajority vote; she does not see the need for a time limit because items that must
be done would be addressed early; the 10:30 p.m. time limit would be for only one item.
Councilmember Johnson stated one item could last several hours.
Mayor Gilmore suggested adopting the supermajority vote to go past 10:30 p.m. but not
putting an end time yet.
Councilmember Johnson stated that she does not see how things would change from
how things are done now without an end time; that she does not recall Council ever
voting not to go past midnight.
Mayor Gilmore stated choosing to go past 10:30 p.m. would be for one item; that she
can remember meetings where there was only one item on the agenda and the item
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,8,"caused a lot of community concern; questioned whether Council would like to tell the
community that a meeting would stop at midnight and be continued to another date.
Councilmember Johnson stated the community has requested not going until 1:00 or
2:00 a.m.
The Acting City Attorney stated the League of Women Voters has pointed out that
Section 2-90.2(g) is redundant with Section 2-90.1; Section 2-90.2 addresses findings;
Section 2.90.1 addresses definitions; that she feels the Sections are appropriate as is;
inquired whether the Brown Act would be running concurrently on the cure and correct,
to which Councilmember Tam responded in the affirmative.
In response to Vice Mayor Bonta's inquiry about the statute of limitations introduced by
Mr. Knox White, the Acting City Attorney stated the Sunshine Ordinance would have a
separate statute of limitations; stated the Brown Act timing provisions would not be
tolled for the Sunshine Ordinance.
Councilmember Tam moved introduction of the ordinance with revisions discussed and
including the provision about the supermajority vote for considering items past 10:30
p.m.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
(11-501) Recommendation to Authorize the City Manager to Execute an Emergency
Medical Services First Responder Advanced Life Support and Ambulance Transport
Service Agreement with the County of Alameda.
Mayor Gilmore stated the negotiating team has done a good job; the County has given
the City two additional first responder advanced life support unit credits and the
exclusive right to provide first responder Advanced Life Support (ALS) services, which
are both very important.
The Interim Fire Chief congratulated the negotiation team; stated the City has re-
established a good working relationship with the County.
Mayor Gilmore stated a provision has been included for non-emergency ambulance
transport; having as many options as possible is nice.
The Interim Fire Chief stated staff would be providing the City Manager and Acting City
Attorney with the framework for a business plan to determine if there is an interest in
pursuing non-emergency ambulance transport.
Vice Mayor Bonta inquired why the prior contract was missing some points important to
the City.
The Interim Fire Chief responded the County cannot provide a non-emergency
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,9,"Exclusive Operating Area (EOA) for Basic Life Support (BLS); stated the ALS service is
contractual; BLS allows for free competition.
Vice Mayor Bonta inquired whether the Contract is silent on not having an EOA for BLS
services, to which the Interim Fire Chief responded in the affirmative.
Vice Mayor Bonta inquired whether the City might consider offering BLS services.
The Interim Fire Chief responded the City could pursue the matter; stated the process
would be competitive.
Vice Mayor Bonta inquired whether a pro forma would be done; stated that he
understands revenue could be generated and the service could be profitable.
The Interim Fire Chief responded a pro forma would be done.
The City Manager stated the matter would need to be reviewed; Council could make a
decision in sufficient time to impact next fiscal year.
In response to Vice Mayor Bonta's inquiry, the Interim Fire Chief stated Palo Alto and
South San Francisco provide the [BLS] service in a competitive environment.
Councilmember deHaan stated the Contract has a lot of requirements for the City to
meet.
The Interim Fire Chief stated requirements are no different than the last fourteen years.
Councilmember Tam expressed her appreciation to the negotiating team; thanked
Supervisor Wilma Chan for her help; stated more ALS first responder credits would
accelerate debt repayment; the City has worked with the Local Agency Formation
Commission (LAFCO) on a funding stream to pay future Emergency Medical Services
(EMS) via taxes; inquired whether the City would not have an obligation to transport a
patient to a psychiatric facility if the patient does not require medical clearance at an
emergency department.
The Interim Fire Chief responded patients would need to self-transport; staff is drafting a
policy.
Councilmember Johnson stated supplying medications for ambulances is very
expensive; expired medications are thrown away; inquired whether the City could work
with the County to pool purchase of medications.
The Interim Fire Chief responded staff is working on the issue; costs have been brought
down significantly; the new County ambulance provider has asked the City if there
would be interested in pooling to purchase medications; staff wants to ensure that the
same quality would be available.
Regular Meeting
Alameda City Council
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,10,"The City Manager thanked Supervisor Chan for her intervention; stated the City still has
an obligation to repay the debt owed to the County; the debt payment plan was reduced
and stretched; the City is on more collaborative footing with the County in a field that is
constantly changing; the most important takeaway is the establishment of a
collaborative relationship.
Vice Mayor Bonta echoed thanks to Supervisor Chan for her efforts; stated Supervisor
Chan has always looked out for the City's interest as well as the County in general.
Councilmember Tam moved approval of the staff recommendation.
Vice Mayor Bonta seconded the motion, which carried by unanimous voice vote - 5.
CITY MANAGER COMMUNICATIONS
(11-502) The City Manager encouraged the public to attend the budget workshop on
October 25th and to take a survey regarding the City's website.
ORAL COMMUNICATIONS, NON-AGENDA
(11-503) Joyce Larrick, Alameda, discussed the animal shelter.
(11-504) Jon Spangler, Alameda, encouraged attendance at a bike workshop.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(11-505) Vice Mayor Bonta discussed the animal shelter.
(11-506) Mayor Gilmore reported on the Association of Bay Area Governments (ABAG)
general assembly; provided materials to the City Clerk for Councilmembers to review.
(11-507) Mayor Gilmore requested that any Councilmember interested in serving on the
Oakland Airport Community Noise Forum contact her.
(11-508) Councilmember Tam announced that Wastemanagement/Stopwaste.or
would be holding community workshops.
Regular Meeting
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,11,"ADJOURNMENT
There being no further business, Mayor Gilmore adjourned the meeting at 9:52 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown Act.
Regular Meeting
Alameda City Council
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October 18, 2011",CityCouncil/2011-10-18.pdf
CityCouncil,2011-10-18,12,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -OCTOBER 18, 2011-6:00 - P.M.
Mayor Gilmore convened the meeting at 6:00 p.m.
Roll Call - Present:
Councilmembers Bonta, deHaan, Johnson, Tam and Mayor
Gilmore - 5.
Absent:
None.
The special meeting was adjourned to Closed Session to consider:
(11-487) Public Employment; Title: City Attorney
(11-488) Conference with Legal Counsel - Existing Litigation (54956.9); Name of case:
City of Alameda V. Kaluris; Case number: 786763-1
Mayor Gilmore called a recess to convene the regular meeting at 7:00 p.m. and
reconvened the closed session at 10:00 p.m.
Following the closed session, the meeting was reconvened and Mayor Gilmore
announced that regarding Public Employment, no action was taken and regarding
Existing Litigation, Acting Legal Counsel informed the City Council of the status of the
matter.
Adjournment
There being no further business, Mayor Gilmore adjourned the meeting at 10:30 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
October 18, 2011",CityCouncil/2011-10-18.pdf