body,date,page,text,path
CityCouncil,2019-12-18,1,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
NEDNESDAY--DECEMBEI 18, 2019- - -12:15 P.M.
Mayor Ezzy Ashcraft convened the meeting at 12:21 p.m. and made brief welcome
comments.
ROLL CALL -
Present:
Councilmembers Daysog, Knox White, Oddie, Vella
and Mayor Ezzy Ashcraft - 5.
[Note: Councilmember Daysog arrived at 1:40 p.m.]
Absent:
None.
WORKSHOP
(19-718) Workshop Setting Priorities for Fiscal Year 2020-21 and Reviewing Effective
Practices for Elected Officials and Staff
The Management Partners report on the workshop is attached hereto and made part of
the minutes by reference.
Nancy Hetrick and Lisa Phan, Management Partners, introduced themselves.
Ms. Hetrick gave a Power Point presentation guiding the workshop.
Council participated in an exercise: hidden gem.
The City Manager made brief comments.
The City Council provided input on priority initiatives under three focus areas, which
were gathered from a Council survey prior to the meeting.
***
Councilmember Oddie left the meeting at 1:08 p.m. and returned at 1:10 p.m. Mayor
Ezzy Ashcraft called a recessed at 1:45 p.m. and reconvened the meeting at 2:00 p.m.
Councilmember Vella returned at 2:04 p.m.
***
The City Council continued to provide input on priority initiatives under the remaining
two focus areas, which were gathered from a Council survey prior to the meeting.
***
Mayor Ezzy Ashcraft called a recessed at 2:58 p.m. and reconvened the meeting at
3:20 p.m. Councilmember Vella returned at 3:22 p.m.
***
Special Meeting
Alameda City Council
December 18, 2019",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,2,"Ms. Hetrick facilitated a discussion on effective practices, including completion of a self-
assessment exercise.
***
Councilmember Oddie left the meeting at 4:01 p.m. and returned at 4:03 p.m.
***
Ms. Hetrick wrapped up the meeting and had Council complete evaluation forms.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 4:39
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
December 18, 2019",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,3,"ALAMEDA
City of Alameda
City Council Workshop
December 18, 2019
December 2019",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,4,,CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,5,"City Council Workshop
Table of Contents
Management Partners
Table of Contents
Workshop Report
1
Workshop Overview
1
Workshop Objectives
1
Participants
1
Workshop Agenda
2
Ground Rules
2
Workshop Preparation
2
Welcome by the Mayor and Call to Order
2
Comments from the City Manager
2
Icebreaker - Hidden Gems
2
Establish Priorities for FY 2020-21
3
Review Effective Practices for Elected Officials
6
Review of Articles
6
Council Norms Discussion
7
Wrap-Up and Next Steps
9
Evaluation Summary
9
Attachment A - Workshop Articles
10
Attachment B - Workshop Evaluation
27
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CityCouncil,2019-12-18,6,,CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,7,"City Council Workshop
Workshop Report
Management Partners
Workshop Report
Workshop Overview
The City of Alameda held a Council workshop on Wednesday, December
18, 2019, from 12:00 p.m. to 4:30 p.m. at Alameda City Hall West. The
purpose of the workshop was to have a collaborative discussion about City
priorities for the next year and to identify Council norms.
Workshop Objectives
Reach agreement on norms for working together and working
with staff on behalf of the community.
Clarify roles and enhance trust.
Discuss opportunities and challenges on the horizon for the City
of Alameda.
Set priorities for 2020-21.
Participants
Active workshop participants included the following:
Mayor Marilyn Ezzy Ashcraft
Vice Mayor John Knox White
Councilmember Jim Oddie
Councilmember Malia Vella
Councilmember Tony Daysog
City Manager Eric Levitt
City Attorney Yibin Shen
City Clerk Lara Weisiger opened and recorded the meeting and
department heads were present for the discussion of priorities to hear the
discussion and provide information as requested by Councilmembers.
Facilitation
1",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,8,"City Council Workshop
Workshop Report
Management Partners
Nancy Hetrick of Management Partners facilitated the workshop with
support from Lisa Phan.
Workshop Agenda
Welcome by the Mayor and Call to Order
Public Comment
Workshop Overview
Icebreaker - Hidden Gems
FY 2020-21 Priorities
Effective Practices for Elected Officials
Wrap-Up and Next Steps
Adjournment by the Mayor
Ground Rules
Seek consensus
Listen to understand
Participate
Stay focused
Assume good intent
Speak up if we need a course correction
Workshop Preparation
Before the workshop, Nancy Hetrick discussed workshop objectives with
the City Manager and used an online survey to obtain input about
Councilmembers' priorities to help develop workshop materials. The
Mayor provided feedback on the draft survey and agenda before they
were finalized.
Welcome by the Mayor and Call to Order
The workshop began with a welcome and a call to order by Mayor
Marilyn Ezzy Ashcraft and opened public comment. No members from
the public were present, so Mayor Ashcraft turned the session over to the
facilitator and City Manager Eric Levitt.
Comments from the City Manager
City Manager Levitt welcomed and thanked everyone for taking the time
to attend the workshop. He highlighted the value of investing time away to
discuss priorities. Eric underscored the importance of aligning Council
priorities to the budget and shared that he and department heads are
preparing their workplan using the Council priorities as a framework.
Icebreaker - Hidden Gems
Councilmembers were asked to identify a hidden gem in the City;
something they enjoy or are most proud of. City Manager Levitt and City
2",CityCouncil/2019-12-18.pdf
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Workshop Report
Management Partners
Attorney Shen were also invited to share hidden gems. Below are
highlights from the icebreaker.
Proud of:
City staff/team
Alameda transportation plans and projects
Enjoy:
Little jetty path next to Crab Cove
West-end Library
Mosley's Café on the water (before it closed)
Jean Sweeney Open Space Park
Having the ability to bike all around town
People of the community adding to the City's quality of life
City Hall building that has a rich historical background
Children's story hour at the Library
Establish Priorities for FY 2020-21
In advance of the workshop, Management Partners administered a short
survey to seek input on which of the City's current initiatives (identified
by staff) are the highest priority for the coming year. The City Manager
observed that with limited staffing resources available, affirming Council
priorities and ensuring a shared understanding of what can be
accomplished is essential.
The initiatives identified as a ""high priority"" by three or more
Councilmembers were the focus of discussion at the workshop. For those
initiatives, Nancy asked Councilmembers to discuss what they would
consider to be success and what can be accomplished in the next year.
Table 1 summarizes the discussion.
Table 1. Priorities Discussion on Survey Results
Focus Area
(Goals)
Initiative(s)
What success looks like in the next year
Focus Area 1.
*Traffic safety/
Reduce the number of collisions to zero.
Preparing
Vision Zero
Implement recommendations and changes provided by staff:
Alameda for the
Daylighting
Future
Getting rid of push buttons
Painting crosswalks
Traffic lighting solutions
Improve communication with the community regarding traffic safety
improvements and changes that are implemented.
Implement short-term strategies while pursuing long-term goals.
Partner with the school district to improve traffic safety around schools.
Promote discussions about carpools and safe routes to school.
Transform streets by being strategic and innovative about finding new/
different ways of approaching traffic safety problem(s).
Continue infrastructure improvements (i.e., is street lighting bright enough?).
Identify resources needed to address traffic safety and improvements
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Focus Area
(Goals)
Initiative(s)
What success looks like in the next year
Staff. Need professional staff to conduct research and gather data to
recommend changes and implement them.
Data. Data provides focus to solve the problem.
Long-term
Need to anticipate the next economic downtown by understanding in advance
financial
the City's core services.
strategies
City's core services need to be identified
Review City spending
Develop a longer-term financial plan after working with a financial planner.
Identify values for financial planning - values-based budgeting.
Identify a dashboard model for financial spending and investments.
Focus Area 2.
New ferry
Identify funding for parking management at the new terminal.
Encouraging
terminal at
Economic
Seaplane Lagoon
Development
Development at
Define/identify a shared vision (City Council and staff) about how to accomplish
Across the Island
Alameda Point
short- and long-term goals for Alameda Point.
Create a plan for infrastructure needs; look at underground infrastructure for
improvements.
Maintain the choice to provide affordable housing.
Increase array of options for potential developers (economic development).
Figure out how to move current plans forward (RESHAP housing).
Maintain active
Provide safety for business districts.
business districts
Explore vacancy tax.
Shopping mall challenges:
Identify what the City can provide for commercial landowners.
Identify business incentives and how they impact large/small
businesses.
Recognize the dichotomy between large and small businesses. Code
enforcement can impact small businesses more significantly than large
businesses.
Identify new partnerships with businesses.
Support business districts versus commercial districts and identify strategies
available to help them.
Identify business improvement areas (BIA)
Enlist the support of the City prosecutor to enforce laws related to code
enforcement.
Focus Area 3.
Housing
Understand that the City is losing rental housing units.
Supporting
Address housing costs by limiting the number of licenses for short-term
Enhanced
housing.
Livability and
Consider options for more housing units (although this is a of more long-term
Quality of Life
plan).
Consider donating City land to a nonprofit to offset the cost of building
affordable housing.
Have a focus of ""housing first.""
Develop a housing plan by identifying what will be in the housing plan, number
of units, land, etc.
Develop a funding plan.
Identify temporary shelters for the homeless population.
Support the Planning Board's review of Article 26 in the City Charter (Measure
4",CityCouncil/2019-12-18.pdf
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Focus Area
(Goals)
Initiative(s)
What success looks like in the next year
A in 1973).
Look at the density limit and see how it factors into the housing plan.
Look at the capacity issue with all services, (i.e., businesses, bike,
transportation choices plan, etc.).
o Look into how live/work mixed-use services fit.
Evaluate the City's short-term housing plan particularly as it relates to the
military community, which has shorter-term rental needs.
Develop a deeper partnership with Housing Authority to the make the City's
needs known.
The Section 8 housing waitlist is long. Evaluate the requirements for
allowing room rentals by homeowners to be funded through Section 8
(to increase supply).
o
Discuss services associated with transitional/supportive housing.
Homelessness
Obtain more regular reports from the homeless outreach team (police and
service providers) to measure progress and to increase communication and
transparency between staff and City Council.
Since the City was chosen by the State of California to conduct the state's first
pilot program, the Community Paramedicine Program, consider advocating for
the program at a statewide level. The program has been beneficial for the City.
Consider providing street medical services (not just medications), such as
mental health and housing outreach to build relationships with the community.
Focus Area 4.
*Public safety;
Support recruitment and retention by identifying ways to maintain current
Protecting Core
public safety
levels of service.
Services
recruitments;
Improve diversity of the department.
traffic
Need staff to let City Council know if they need more help.
enforcement
Develop a Fire Services Plan to discuss levels of service.
Identify ways to retain staff by considering compensation, and by improving
the facilities and identifying what is needed (e.g., space capacity, women's
room, infrastructure maintenance, etc.).
Pay attention to the response time for public safety requests.
Identify innovative ways for developing the next fire station (i.e., as part of
a
mixed-use residential/commercial space.)
Focus Area 5.
*Balanced budget
Expenditures. Make sure the City Council continues to review spending above a
Ensuring Effective
certain limit/threshold.
and Efficient
Review the priorities and stay focused when reviewing/approving the budget.
Operations
Mid-cycle budget. Identify how the budget can be tied to priorities/ initiatives.
Find creative ways to increase revenue.
Voters may be maxed out with taxes. Council needs to be aware of limits.
Encourage the City Manager to be transparent when creating the budget.
Make the budget easy to read when providing the departments and citywide
budget.
Check-in on values of the budget (early check-in); mid-cycle (values will be tied
in).
Finance ERP software is underway; it is a big project for staff and requires a lot
of work.
*Initiatives that were identified by all Councilmembers as a high priority for next year.
In addition to the initiatives listed above, Councilmembers brought up some
priorities they thought are equally important to keep in mind for the next year.
Below highlights the remainder of the discussion.
5",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,12,"City Council Workshop
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Develop and finish a City Pool Facility Plan by the end of 2020.
Libraries. Identify ways to become a community center.
Recreation and Parks. Continuing the work on improvements and
maintenance.
Parking program. Parking ties into many of the City initiatives (i.e.,
Seaplane Lagoon Ferry Terminal, Alameda Point, business districts,
etc.)
Climate Action and Resiliency Plan. Addressing the following:
Unfunded plan to plant 325 trees
Address resiliency projects
Work with the City Manager to address what the first phase is
in the budget
Develop a workload assessment between in-house staff compared
with contractors when working on transportation safety projects.
There might be a project overlap of goals and initiatives.
Review Effective Practices for Elected Officials
During this part of the session, Nancy divided the discussion into two
parts: 1) a discussion of the articles she shared with Council before the
workshop, and 2) a discussion about Council agreements.
Review of Articles
To inform the discussion around Council norms and practices,
Management Partners distributed the following two articles for the
Council to review in advance of the workshop:
""Attributes of Exceptional Councils"" from the Institute of Local
Government, and
""A Key Ingredient for Success: An Effective City Council/City Manager
Relationship"" by Kevin Duggan.
Both articles are included in Attachment A.
During the workshop, Nancy asked Councilmembers to share their
reactions to the articles. Below are highlights from the discussion.
6",CityCouncil/2019-12-18.pdf
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Give the City Manager a clear direction of what the Councilmembers
want.
The City Manager is doing a good job of listening to all
Councilmembers without assuming and providing advice
individually and collectively.
Recognize that you are now ""different"" from before you were elected.
Councilmembers acknowledged the need to switch perspectives
from campaigning to an elected official representing the City.
Collaboration. Work together to find a common solution.
Communication. There should be no ""gotcha"" or surprises when
communicating with each other, and everyone should be open to
listening to each other.
Liked the idea of having more Council teambuilding workshops/
retreats to continue to build trust.
Understanding roles and responsibilities. Councilmembers expressed
the need to have a better understanding of their roles and
responsibilities compared to that of the City Manager/staff.
Councilmembers would like a better understanding of the
City Manager's role when working with Councilmembers
individually and collectively as a group.
Have respect for Councilmembers' outside life (work and
capacity), even though they are also committed to the City
and their constituents. This is a volunteer job.
Don't burn bridges with peers and operate in a political/civic
vacuum. Respect disagreement and support the Council's final
decision.
Focus on current City challenges and not on old battles.
Respect the Mayor's role and the extra amount of time invested in
the community.
Council Norms Discussion
Nancy distributed a Council norms worksheet to each Council member to
review and complete. The worksheet listed attributes for effective
governance and asked each participant to assess whether they are doing it
well or could do better. Table 2 lists the attributes for which three or more
Councilmembers self-reported the same opinion on the worksheets.
Table 2. Results from Council Norms Activity
Areas we are currently doing well:
Areas we can do better:
7",CityCouncil/2019-12-18.pdf
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Areas we are currently doing well:
Areas we can do better:
Maintain a citywide perspective.
Being open to compromise; look for commonalities;
Have well-run meetings and discussions where
focus on a ""team"" win, not the individual; move from I
everyone is heard, with Councilmembers recognized to
to we, and move from campaigning to governing.
speak.
Have respect for the roles of Council and staff in
Do our homework before coming to Council
creating policy and in implementing policy; Council to
meetings.
set the ""what"" not the ""how"" to accomplish tasks;
respect the council/manager form of government.
Respect each other's opinions. Accept that we
will not always agree, and then disagree respectfully
Listen, be open-minded to each other, staff, the public.
and professionally. Do not make things personal. Do
Communicate with each other. Seek to understand.
not criticize others for having a different point of view.
Check egos and electronics at the door.
Find consensus when we can; find the area of
Keep confidential things confidential.
agreement within the areas of disagreement.
Seek to be efficient in comments at Council meetings.
Demonstrate honesty and integrity in every
action and statement.
Inspire public confidence in our City
government.
Work for the common good, not personal
interest.
Participate in scheduled activities to increase
Council effectiveness.
Share information with other Councilmembers
about committee meetings attended.
Honor ""discussion"" before ""decisions;"" reserve
making formal motions until initial discussions have
taken place.
Approach the business of governing in a
professional manner; conduct business in a way that
brings honor to the institution of government.
Work together as a body, modeling teamwork
and civility for our community.
After completing the worksheet, Nancy asked if they had any thoughts.
Councilmember Vella indicated she would have liked a third assessment
option that indicated the attributes they are doing ""adequately"" but could
still do better (or ""we are doing better"").
Discussion highlights are presented below.
Areas where Council can do better - discussion highlights:
Seek to be efficient in making comments at Council meetings. Three
Councilmembers agreed that Council could do better at this, and
that questions on consent items should be addressed prior to City
Council meetings.
Be open to compromise.
Seek discussions where everyone is heard. Time constraints need to be
balanced so everyone has enough time to speak and be heard.
Some Councilmembers think Council is doing better now than six
to 12 months ago.
8",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,15,"City Council Workshop
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Management Partners
Suggest changing the worksheet columns for future use to: Are we
doing this adequately? Better? Better than before?
The order of comments at a Council meeting can affect the
discussion. It is important to allow time for response.
Appreciation for the Mayor's approach of ""going down the line""
was expressed.
It is harder to manage a discussion where one or more individuals
are passionate about the topic. Some people are not given an equal
amount of time to speak and be heard.
Areas where the City Manager could do better - discussion highlights:
Come to Council early on things - no surprises.
It is helpful to get information early on regarding what
staff is working on (i.e., projects); doesn't need to be ""fully
baked.""
Without early input, staff may misunderstand or have
unclear direction regarding Council expectations.
Tell the Council what resources are needed to do what the Council
desires. Be empowered to provide full candor while providing
supporting documents for clarity.
Follow through on Council priorities. Be transparent with the Council
regarding the status of priorities and what can be accomplished.
There was acknowledgement that staff wants to please.
Wrap-Up and Next Steps
The workshop concluded with Nancy sharing that a workshop summary
report will be prepared by Management Partners to document the
outcomes of the day.
Evaluation Summary
At the end of the meeting, all five Councilmembers completed an
evaluation form. Attachment B provides the evaluation and all written
comments.
9",CityCouncil/2019-12-18.pdf
CityCouncil,2019-12-18,16,"City Council Workshop
Attachment A - Workshop Articles
Management Partners
Attachment A - Workshop Articles
INSTITUTE FOR
LOCAL GOVERNMENT"" RM
Promating Goad Gewrument at the Local Level
Attributes of Exceptional Councils
Leading public organizations and governing with colleagues on a council is a challenging art of
community service. The Institute recognizes that many aspects of leadership and governance are not
intuitive. This piece is intended to provide councilmembers and city managers insight into the attributes of
exceptional councils as well as provide practical tips to help them become exceptional
1. Exceptional councils develop a sense
KEY CHARACTERISTICS
of team - a partnership with the city
manager to govern and manage the city
Successfully transition from candidate
to a member of the council.
The mayor, councilmembers and city manager see
Become a champion of the city. Make
themselves and work as a team as they undertake a
decisions based on the needs and
interests of the community at-large / the
series of tasks to further their common purpose. The
greater good.
individual team members work in a coordinated and
Develop, communicate and support
collaborative manner with a high degree of respect, trust
policy goals and council decisions.
and openness. The team values diversity in style and
Demonstrate a willingness to work
perspective. The team thinks and acts strategically as it
collaboratively (as a team) and have a
citywide perspective.
examines issues/situations and decides on a course of
action serving their city's mission and goals.
BEST PRACTICE TIPS
Build capacity to create a more effective team. The governance team (mayor, councilmembers and
city manager) should get to know each other, how each person approaches issues, decision making
style and so on. This can be accomplished at annual meetings or workshops through-out the year.
In the event that councilmembers disagree, clear ground rules (norms of behavior and practice) can
help quell acrimony before it becomes a problem. It's important to remember that trust is built
around understanding and respect, not necessarily agreement
1
10",CityCouncil/2019-12-18.pdf
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Attributes of Exceptional Councis
2. Exceptional councils have clear
KEY CHARACTERISTICS
roles and responsibilities that are
understood and adhered.
Understand the role of local
government and their responsibilities.
Exceptional councils understand their role is to serve as
Know their role- to set vision and policy.
policy maker - to represent the values, beliefs and priorities
avoid micromanagement.
of their community while serving in the community's best
Councilmembers should strive to be
interest They carry out a variety of responsibilities including
informed about the issues facing the
city and be prepared to ask questions of
developing and adopting a vision for the city, focusing
staff and each other.
and aligning plans, policies, agreements and budgets in
furtherance of this vision; and holding themselves and
the city manager accountable for results.
Exceptional councils understand that the city manager
is responsible for the day-to-day operations of the city.
The city manager is responsible for undertaking and
accomplishing the policy objectives of the council.
Exceptional councils recognize the subject matter expertise
of staff and utilize their knowledge and experience to
guide and inform decision making.
BEST PRACTICE TIPS
Create a shared understanding of the city manager's role and the council's expectations to optimize
the working relationships. This shared understanding is informed by local charter and ordinance
provisions that provide the overall framework for the relationship. The council should make time to
have conversations during retreats and or study sessions to define and/or reveal and refine their
role and responsibilities. Since role clarity between the city council and city management is critical to
mutual success, having clear protocols helps avoid misunderstandings.
4
INSTITUTE FOS.
LOCAL GOVERNMENT* -
Prometing Geat - des Lout
2
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Attributes of Exceptional Councis
3. Exceptional councils honor the
KEY CHARACTERISTICS
relationship with staff and each other
Councilmembers have the ability to
Exceptional councils understand that a good working
respectfully disagree (to disagree
relationship with staff is vital for the city to be run
without being disagreeable).
successfully. Exceptional councils treat each other and
They are able to leave it at the dais;
debates are about policy, not
staff with dignity and respect. They act with civility and
personality.
a high level of professional decorum. Councilmembers
Exceptional councilmembers reflect
build trust by not playing the ""gotcha game"" and strive to
positive decorum/model of leadership
have a no secrets, no surprises approach as an operating
by providing respectful tone with
norm. Finally, they respect the diversity of styles and
colleagues.
Establish a set of behaviors ahead of
perspectives among their colleagues and staff and are
time, potentially documented in a code
open to new ideas.
of conduct, to help promote civility and
respect.
BEST PRACTICE TIPS
Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool
to guide the city manager and staff on where to focus their efforts. This annual meeting provides
time for the council to reflect on community priorities as well as offer an opportunity to discuss their
decorum and their relationship among each other and the relationship between the city
manager/staff and the council.
4. Exceptional councils routinely conduct
KEY CHARACTERISTICS
effective meetings
Councilmembers are respectful of each
Open and public meetings are central to democratic
other, the public and everyone's time.
decision-making. Exceptional councils master the art
Councilmembers use engaging body
of effective meetings. They develop and adhere to meeting
language as a way to demonstrate
protocols and processes. They spend time planning and
respect.
Issues are not personalized, thoughtful
organizing the agenda with the aim of having a more
dialogue is the objective.
focused meeting They allocate the council's time and
Agenda packets are read,
energy appropriately (focused on the council's role and
councilmembers come prepared and
responsibilities) and meeting short-and long-term priorities.
have an open mind
Respect is demonstrated for varied
They honor the public's participation and engagement
opinions.
and they generally start on time and are held during
Everyone strives to be civil and act with
reasonable hours.
decorum.
Exceptional councils use public meetings not only for their
intended purpose, information sharing and decision-making
INSTITUTE FOR
LOCAL GOVERNMENT*
Prometing Gead - de loufled
3
12",CityCouncil/2019-12-18.pdf
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Attributes of Exceptional Councis
but they also use the meeting to demonstrate respect and
civility for each other, staff and the public. Exceptional
councilmembers prepare in advance of the meeting, remain
focused on the city goals and objectives and mindful of their
role and responsibilities.
BEST PRACTICE TIPS
Develop and adopt (with regular reviews and updates), guidelines for conducting meetings and
making decisions. These governance protocols typically address meeting procedures (agenda
preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules)
and standards of decorum (civility))- As part of a regular self-assessment, councils should evaluate
their meetings and their effectiveness and adjust behavior and practices for better results.
5. Exceptional councils hold themselves
KEY CHARACTERISTICS
and the city accountable
Councilmembers operate ethically and
Exceptional councils operate openly. ethically and work to
with integrity.
engage the community in a myriad of decisions impacting
Councils conduct team building / goal
the prosperity and well-being of their community. Toward
setting exercise to track progress
that end, exceptional councils consistently provide short-
towards mutually agreed upon goals
Councils taking responsibility for the
and long-term strategic direction and goals, as well as
results (good and bad).
provide budget, program and policy oversight.
Councils celebrate success.
Councilmembers hold themselves
Exceptional councils hold themselves accountable for the
responsible for adhering to operating
protocols and codes of conduct.
conduct, behavior and effectiveness of the council. They
establish clear priorities and goals and hold the city
manager accountable for results. And finally, they embrace
accountability as a process and tool to calibrate ongoing
efforts to address and meet policy and program objectives.
BEST PRACTICE TIPS
Annually evaluate council and city manager performance toward achieving the city's priorities and
goals (consider having this be part of an annual goal setting meeting). Council should consider
assessing its own behavior and effectiveness as part of its annual self-assessment.
INSTITUTE FOR
LOCAL GOVERNMENT
Prometing Good - der Lour Level
4
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Attributes of Exceptional Councis
6. Exceptional councils have members
KEY CHARACTERISTICS
who practice continuous personal
learning and development
Stay informed on key issues
Gain key insights and knowledge on all
Governance is not intuitive. In addition, the policy and
aspects of governing, from budgets to
economic environment impacting cities are ever changing.
plans and everything in between.
Learning to listen is sometimes more
Exceptional councils continually provide the opportunity
important than learning to give a
to build their knowledge and skills, to enhance their
speech.
understanding of key issues, increase their awareness
of best practices and sharpen their leadership and
governance skills.
BEST PRACTICE TIPS
Seek out national, state and local professional growth and educational opportunities. These
opportunities can focus on the nuts and bolts of governing to helping you gain valuable information
and/or insights on key policy issues facing your city. In addition, city run orientations for newly elected
officials provide a good way to acclimate new members to the council's norms and protocols as well as
the budget and key policy issues.
INSTITUTE FOR
G
LOCAL GOVERNMENT
Prometing Geal - de
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A Key Ingredient for Success: An Effective City Council/City Manager Relationship
Kevin C. Duggan
ICMA West Coast Regional Director
International City/County Management Association
Introduction
Mayors and councilmembers need to have effective working relationships with a
number of key audiences in order to successfully undertake their responsibilities. These
audiences include citizens/voters, community groups, the press, other governmental
agencies, other elected officials, nonprofit organizations and many more. However,
critical to a successful and satisfying career on the city council in a city council/city
manager form of government is a successful and effective working relationship with the
city manager. This article suggests the necessary ingredients for a mutually successful
council/manager working relationship.
The City Council/City Manager Form of Local Government:
The ""Council/Manager Form of Government"" is designed for the elected city council
to
set policy direction as the direct representatives of the community with the city
manager providing the professional expertise to manage the organization and carry out
the council's direction. Policy direction is provided in a variety of ways, including
through local laws/ordinances, planning policies (general plan and zoning), financial
policies, the annual budget and capital improvement plan, the adoption of city council
policies and through numerous other program directives.
The city manager is responsible for carrying out the council's policy direction through
the day-to-day management of city functions, including the oversight of city operating
departments. Key tasks associated with this role include the hiring and supervision of
department heads, the recommendation and implementation of the annual budget and
the assurance of quality service delivery. This form of government is predicated on
the philosophy that elected representatives are better able to make community value
judgments on behalf of residents and translate these values into policy direction-th
""what"" in city government. It is also based on the belief that professional staff are best
able to determine the ""how"" of implementing policies and delivering day-to-day
services due to their experience and training. Since both roles are closely related, it is
the city manager's responsibility to coordinate between both realms to assure the
effective delivery of services consistent with city council direction.
This is often referred to as the policy/administration dichotomy (the separation of these
responsibilities)- - which, oftentimes, has a good deal of ""gray"" on the boundaries.
When it works most effectively, the elected officials focus on big picture of policy
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development and minimize their role relating to administrative implementation while
the staff works to avoid an undue influence on policy development while focusing on
policy implementation and service delivery. While the line between the two can
become blurred, the city council/city manager system is subject to failure if the line is
disregarded.
If the city council and the city manager have an effective and mutually supportive
working relationship, the likelihood of the policy and administrative roles being
effectively coordinated increases significantly, resulting in a more successful city
governance and management.
Among the issues to consider in trying to establish the best possible city council/city
manager working relationship are the following:
The relationship cannot be taken for granted and requires attention and work to
establish and maintain. If not diligently pursued, it will not be accomplished
The work of city councils is not easy! Not only do you confront the typical
challenges of group decision-making, but the ""group"" in this case may not have a
great deal in common. Also, the issues can be weighty and controversial. The
decision-making is also done in public, often on TV or the Web, scrutinized by the
public and press, and anyone can join in on the deliberations.
Among the factors that can get in the way of an effective relationship include:
- Not understanding/appreciating/respecting each other's roles.
- Differing philosophies.
- Differing personalities.
- Challenging issues.
- External pressures from the media, community groups, employee
organizations, etc.
Fully appreciate that you need to establish a good working relationship with your
fellow councilmembers and the city manager in order to maximize:
- Organizational performance.
- Organizational reputation.
-
Value to the community.
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- Personal reputation.
- Community pride and confidence.
Don't underestimate how important it is to a city manager to have a good working
relationship with the city council. It has been reported that the relationship with
the city council is the primary factor impacting a city manager's job satisfaction.
Among the reasons for this are the following:
- City councils are the source of formal performance feedback. Like almost
everyone, positive feedback from supervisor(s) is very important.
- City councils control the city manager's job security.
- City councils determine the city manager's compensation.
- City councils establish the city manager's ""parameters of success.""
- City council support for the city manager, particularly during tough times, is
of tremendous value.
Recommended Practices:
So while the stakes are high and the challenges significant, there are a variety of ""best
practices"" and techniques that can improve the odds of your individual success as a
mayor or councilmember, as well as the success of the city council and city as a whole.
The following are offered as ideas to consider in your efforts to establish and maintain a
strong and effective working relationship with your city manager:
Recognize that you are now ""different"" than before you were elected (and more
than you may realize):
You are now viewed as a community/city leader and what you do and say can
have a much greater impact. Your comments will now be viewed as representing
""the city."" What you do and say will also be more closely scrutinized. You should
be aware that the city staff will view you much differently now that you are one of
the organization's leaders. Even an offhand comment can be viewed as a directive
for action. So even though you may not view yourself any differently than before
you were elected, don't underestimate to what degree others are viewing you
differently.
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Understand and respect the city council/city manager plan of governance:
It is critical for you to understand why your city is organized under this plan of
governance and how it should operate. It is important to understand and
appreciate- ate the distinction between policymaking and implementation and the
different roles played by individual councilmembers, the city council as a whole,
the city manager and the city staff.
Allow time for you and the city manager to get to know each other and develop
a working relationship:
Try not to overly rely on what you have heard from others regarding what it will
be like to work with the manager-others views may or may not be accurate.
Most city managers understand the need to work very hard to adjust to the issues,
concerns and priorities of the new city council. Try to be open-minded to your
ability to establish a productive and effective working relationship with the
manager.
City managers will do their best to carry out the policy direction of the city
council (even when there is a major change in policy direction):
Professional city managers are committed to carry out the policy direction of the
city council regardless if they personally agree or disagree with the policy as long
as what they are asked to implement is:
- Legal.
- Ethical.
-
Within their/the city's authority.
It is often misunderstood that when a city manager effectively implements a city
council's policy, the manager personally agrees with the policy or can only
implement city services consistent with that policy. City managers can change the
organization's approach to an issue as may be directed by a new city council.
Avoid overly associating the city manager with the policies that the city has
previously implemented at the direction of the previous council.
Take your role seriously, but not yourself:
This common advice is particularly important for mayors and councilmembers.
While you are doing important and serious work on behalf of the community, you
will do it better and more effectively if you keep the normal ""ups and downs"" and
""wins and losses"" in perspective. You were elected to make tough decisions on
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oftentimes controversial issues. It's a given that you will be criticized and there
will be those who vehemently disagree with your decisions. That is unavoidable.
Develop a thick skin and do your best to not take personally the conflicts and
disagreements that are a normal part of your new role. If you don't develop a
thick skin, you will overreact to criticism.
Additionally, you are now part of an organization and will be blamed/criticized
for the actions of the organization that you had nothing to do with That is the
reality of your new role and you should keep that in mind.
And remember, the city manager is not always to blame when things go wrong,
though he/she should take appropriate responsibility for the organization's
actions. It can be easy to focus your frustration on the city manager. You will be
happier and more effective if you can experience the normal ""ups and downs"" of
city life without needing to always find someone at fault.
Whatever the issue or encounter, try not to take it personally. Try to keep personal
likes and dislikes out of the equation Your fellow councilmembers and the city
manager are not your family or personal friends; they are your ""professional
colleagues,"" and you need to work effectively with them even if you would not
select them as friends.
Lastly, always ""live to fight another day.' There are always future issues to decide;
focus on those versus the votes already taken. And always remember not to burn
bridges due to a difficult defeat; you will need those ""bridges"" for future votes!
Appreciate the legitimate difference between the ""community perspective"" and
the ""professional/technical' perspective:
While you will primarily view issues from your perspective as a resident/citizen in
a manner similar to the other residents of the community, the city staff will often
have a more ""technical/professional"" perspective. What might make a great deal of
sense to the staff looking at an issue from a purely ""business"" point of view may not
be the right answer based on community perspectives and values. While the city
manager will do his or her best to bridge the gap between the two points of view, it
is very helpful for councilmembers to understand that while the staff should be
sensitive to community values, they will often raise issues based on their
professional training that can differ from a purely community values point of view.
An appreciation for these varied perspectives is critical to the council-staff
relationship. That does not mean the one perspective is ""right"" while the other is
""wrong""; but both parties should try to understand and appreciate the views of the
other.
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Don't fall into the trap of feeling you are VERY special:
While being elected to a city council is an honor bestowed upon you by the voters,
keep that ""honor"" in perspective. Citizens view electing you as showing trust in
your judgment in representing their interests in community decision-making.
They did not elect you because they felt you were personally deserving of special
rights and privileges. Don't expect the city manager or staff to be able to assist you
in ways outside your formal role on the city council. By and large, they will be
required to treat you just the same as any other citizen on matters outside the
realm of your official duties. Any compensation and ""perks"" of office should be
visible and public.
Professional city managers will not ""play favorites"":
Professional city managers will strive to have a positive working relationship with
all the members of the city council regardless of personality, philosophy or
positions on specific issues. They will also not let personal likes or dislikes affect
how he or she interacts with councilmembers, and you should not expect the
manager to act otherwise.
It is critical to city managers to have clear policy direction:
The city manager and the city organization cannot carry out the policy direction of
the city council if that direction is not clearly established. The clearer the direction,
the more effectively the manager and staff can implement. Even when the council
is split on an issue, the majority's will needs to be clearly stated. The manager
should seek clarification from the city council when necessary.
Be sensitive to the need for city managers to sometimes tell you ""what you don't
want to hear"":
One of the least favorite tasks for a city manager is to tell an individual council-
member or the council as a whole something they don't want to hear. This could
range from a mistake the organization has made to informing a councilmember
that something they want done (or want to do) cannot be done or is not
appropriate. While city managers try to be as flexible as possible in meeting the
needs of the city council, you will not be well served by a manager who will not
tell you when something is not appropriate or cannot be achieved simply to avoid
appearing uncooperative. While the manager needs to be clear why the request
cannot be fulfilled, it is very helpful for you to understand that the manager has a
professional obligation to give you advice contrary to what you would like to hear
when he/she is so required.
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Why managers can't always do what you want them to do:
The manager can often be confronted with a situation of an individual council-
member wanting something done that is not consistent with the wishes of the city
council. The manager needs to respond to the direction of the city council as a
whole. While managers try to be as responsive as possible to the needs/desires of
individual members, on matters of any consequence, the direction of the city
council will often be required.
Take your role to evaluate your city manager's performance seriously:
Like any other employee, the city manager benefits from regular and thoughtful
performance evaluations. Performance evaluations are an important
communication tool between the manager and council. Working for multiple
individuals is challenging enough without clear and consistent feedback on
performance. At least annual evaluations should be conducted. This provides the
opportunity to communicate how the council views the manager's performance,
including areas of strength and areas for potential additional emphasis. This is
also the only opportunity for the council as a whole to provide this input in
private. Also, due to the inherent challenge of multiple individuals attempting to
evaluate an individual who works for them as a group, the use of a consultant to
facilitate the evaluation can be very helpful. If done right, evaluations can be a
very valuable communication mechanism for the council and manager.
Tolerance for organizational imperfection (mistakes!):
While no one likes mistakes, they are unavoidable in the context of organizational
life. Cities are complex organizations dealing with a wide variety of services with
unique and sometimes challenging clientele. It is not a matter of whether mistakes
will be made, but when. It is critical as a leader of your city that you react to
mistakes appropriately. While mistakes should be avoided to the greatest extent
possible, overreacting can cause further damage. You should expect that mistakes
will be addressed promptly, fully disclosed and that steps will be taken to avoid
repeating the same mistakes again. You will need to trust the manager to follow
up and effectively address the situation when organizational miscues occur. Have
high expectations but recognize that mistakes will occur, even in the best
organizations, and try not to overreact when they do.
Support of reasonable risk-taking:
High-performing organizations will occasionally need to take ""reasonable risks"" in
order to achieve community objectives. Sometimes these endeavors will not be
successful. However, organizations that avoid ANY unnecessary risk are not
likely to accomplish a great deal. While city councils need to be informed and
concur that the risk being taken is reasonable for the potential benefit being
gained, councils should also be understanding that projects and initiatives that
have inherent unknowns may not always turn out as hoped Intolerance for any
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mistakes/risk will breed an overly conservative organization and will stifle
creativity and flexibility and the benefits these values can bring.
Try to focus feedback on service quality, not individuals:
An ongoing challenge is the difficulty of reconciling the ultimate responsibility of
the city council for city service quality versus the need to avoid interfering in the
daily management of the organization. It is much better for the city council to
communicate service level or quality concerns to the city manager versus
performance judgments regarding individual staff members. It is particularly
inappropriate for individual members or the council as a whole to try to direct the
manager to hire, fire, or promote members of the city staff.
Don't expect managers to take sides in councilmember disputes:
Regardless of how they may personally feel, most city managers will avoid, at all
costs, ""taking sides"" in disputes between councilmembers. While on occasion the
manager might try to help reconcile councilmembers, don't expect the manager to
take your side in a dispute with a fellow member. Even if they may agree with
you, most managers will avoid taking part in public or private criticism of council-
members unless professionally required to do so in extreme cases.
Don't jump to conclusions regarding citizen/customer feedback:
While it is your responsibility to be available to listen to citizen and customer
feedback regarding the city organization, be careful not to jump to conclusions
based on what you are told. Oftentimes an individual may sound completely
sincere and credible while providing you an inaccurate account of their experience
with the city organization. It is best to not jump to conclusions, one way or the
other, until the manager is able to provide you a response to the concern. It is
embarrassing to criticize staff for poor performance only to find out that the
information you relied on was not accurate. At the same time, the manager needs
to not be overly defensive regarding staff performance until he or she also has
heard ""both sides of the story.""
Don't expect the manager to exercise ""political leadership"":
While managers are inherently leaders of their organizations and, to varying
degrees, in their communities, their role is not to be political leaders. That is, it is
not intended for the manager to be ""out front"" on community policy issues. Some-
times city councils want managers to take leadership (advocate publicly) on
controversial issues to avoid potential political consequences to themselves. While
tempting, this is contrary to the intent of the council/manager form of government
under which the elected officials are to take the lead on purely policy matters.
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Disagree with the recommendation/don't attack the ""messenger"":
When dealing with a difficult issue at a council meeting, it can be tempting to not
only disagree with the recommendation being presented, but also to challenge/
discredit the manager or staff member presenting the recommendation. The best
practice is to focus your comments on the recommendation, not the individual
Having a policy discussion devolve into a personal attack is uncomfortable and
embarrassing to everyone involved. Even if you are frustrated by the
recommendation, it is poor form to attack the presenter. If you do have concerns
regarding how a recommendation was developed or presented, that should be
provided privately to the manager.
P.S.: Don't play ""stump the staff"" by trying to ask questions at the meeting that you
think staff will have difficulty answering on the spot. It doesn't really make you
look smarter, nor is it helpful to the deliberations to ask a question that cannot be
answered. While staff members should work diligently to anticipate questions, it
is not possible to anticipate all possible questions. If you really want the answer,
get the question answered before the meeting or provide a heads up regarding
what you will be asking.
Conduct yourself at council meetings in a professional/businesslike manner:
Even on very controversial topics with greatly varying opinions, the council
deliberation can be and should be ""businesslike"" and professional. While it may be
more entertaining (possibly from a reality TV perspective) to see councilmembers
and citizens yelling and having temper tantrums, it gets in the way of thoughtful
deliberations and only tends to lower the respect for the council and city in the eyes
of your constituents.
Consider the use of council team-building and goal-setting workshops:
Recognizing the importance of both effective councilmember/councilmember and
council/city manager working relationships, often an investment of time in team-
building workshops is very worthwhile. These workshops allow for a thoughtful
conversation of working relationships outside the context of discussing specific
issues. These discussions can help create a better understanding of work styles
and perspectives.
Additionally, recognizing that clear direction and priorities are critical for effective
council/manager relations, goal-setting workshops can be very effective forums
for establishing city council and organizational priorities.
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Have a clear understanding with the manager of the type and frequency of
communication you prefer:
While a fundamental value of city managers is to provide regular and complete
information equally to each councilmember, councilmembers can vary significantly
regarding the type and frequency of contact with the manager they desire. While
the manager will use written reports in one form or another as a base line of
information to all the members, it is important for the manager to understand your
preference for how information should be communicated, including the frequency
of personal contact. While some members prefer regular ""face-to-face"" contact with
the city manager, others prefer less time-intensive information-sharing methods.
While sharing the same information among all councilmembers, it is helpful for
you and the manager to understand how much and what type of contact you
prefer.
Do your homework:
It takes time and effort to be a successful councilmember. It makes the manager's
and staff's job a lot easier if you have reviewed the reports and related materials
provided to you prior to the city council meeting. This facilitates efficient
meetings, accelerates decision-making and gives the impression that staff and
council are working well as a team. Additionally, it will avoid you appearing
unprepared to your fellow councilmembers, the staff and your constituents.
Trust above all:
As in all relationships, an effective city council/manager relationship must be based
on trust. Other potential obstacles such as differing personalities, styles,
philosophies, etc., can be overcome if there is mutual trust. Without trust, little else
will be successful. Both parties need to treat each other with respect and be truthful
and forthcoming in their dealings.
No Surprises:
Both the manager and council should do their best to make sure that important
information is not first learned from others. While in this age of instant
communication this is more difficult, and in some cases impossible, the parties
should do their best to make sure that noteworthy information to which they are
privy is not communicated to other organizational leaders by third parties
(particularly the media). The manager needs to work hard to make sure that the
council is not taken off guard while councilmembers should keep the city manager
in the loop as well. ""Surprises"" can have a very negative impact on the working
relationship in that it speaks directly to the trust issue.
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CityCouncil,2019-12-18,31,"and the mayor on respective roles. At times there can be a conflict between the
role the mayor views themselves as playing and the expectations of the remainder
of the council. It is difficult if the manager gets caught in a dispute over these
respective roles. In particular, how the city manager relates to the mayor versus
the other councilmembers needs to be clear.
Don't blame the manager or staff for carrying out the direction of the city
council:
The city manager and staff are required to faithfully carry out the direction of the
city council, regardless if they did or did not recommend it and regardless if some
councilmembers oppose it. Respect the staff for faithfully carrying out the will of
the council, whether or not you share the view of the council majority.
If the council/manager relationship is not going well:
If you or the council are having difficulty with the city manager, try your best to
resolve the issue. First of all, find an appropriate way to communicate the
concerns. The manager can't respond if he/she is not aware of the concern. As
noted earlier, try to obtain clear council consensus for the expectations for the
manager and communicate those expectations clearly. Try to be optimistic
regarding the possibility of the manager making adjustments to satisfy the
concerns of the council and give sufficient time to do so. Additionally, provide
the manager opportunities to respond to the feedback and communicate how
he/she will address the concerns.
If all else fails and there needs to be a ""parting of the ways"":
A forced separation of the manager is not a good experience for the council, the
manager or the city. It can be costly, controversial and can cast everyone in a
negative light. It can also erode citizen confidence in the city. Assuming all
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reasonable steps have been taken to avoid a forced transition and recognizing a
parting based on ""irreconcilable differences"" is always better than an ""ugly,
contested divorce"" (in an ""ugly divorce,' both parties end up looking bad), keep
the following in mind:
- Keep it professional.
- Don't unnecessarily damage the manager's reputation- it is not needed to
make a change.
-
Provide a reasonable period of time for the manager to find another position
or provide reasonable severance-it takes time to find a manager's job.
- Remember, how you handle the transition of the current manager will have
an impact on the quality of the candidate pool for the next manager.
Summary/Conduding Thoughts:
An unstable council/manager relationship has negative consequences for the city
council, the manager, the organization and the community. A positive and mutually
supportive relationship will increase the odds of having a high-performing and
successful city. Councilmembers and the manager need to make creating, supporting
and sustaining the relationship a high priority. If made a high priority, the odds of
success are great.
Remember that your service on the city council is a unique honor that has been
bestowed on you by your fellow citizens. While it is often a challenge, with inherent
difficulties, someone needs to do it and your community has selected you for that
responsibility. You have been selected to serve in a professional and honorable manner,
during good times and bad. Your service on the city council will be over soon enough.
Conduct yourself in a manner that will allow you to look back with pride-not only for
what you accomplished, but also the way in which you conducted yourself (which will
likely be remembered the longest).
January 2017
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Attachment B - Workshop Evaluation
At the end of the workshop participants were asked to complete a workshop evaluation form.
The following responses are a compilation of answers from five of the workshop participants.
Overall usefulness of the workshop (4.7 average score)
Not Useful
Very Useful
1
2
3
4
5
Overall quality of the workshop (4.5 average score)
Poor Quality
High Quality
1
2
3
4
5
The best thing about this workshop was.
Having uninterrupted dialogue about our priorities.
Discussion of effectice practices for elected officials and establishing City Council norms.
Letting Council talk.
Well planned and organized. Open and honest dialouge.
Ability to talk through priorities.
Some things that could have been better.
More time for communications discussion.
Room temperature.
Regarding establishing priorities, questionnaire may have had some redundancies.
A warmer room!
Other Comments
Need to do these two times a year.
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CityCouncil,2019-12-18,34,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
NEDNESDAY--DECEMBEI - - 18, 2019--4:00 P.M.
(19-719) The special closed session meeting was cancelled.
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
December 18, 2019",CityCouncil/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,1,"MINUTES OF THE OPEN GOVERNMENT COMMISSION MEETING
WEDNESDAY DECEMBER 18, 2019 - 7:00 P.M.
Acting Chair Schwartz convened the meeting at 7:00 p.m.
ROLL CALL -
Present:
Commissioners Little, Shabazz, Tilos and Acting Chair
Schwartz - 4.
Absent:
None.
[Staff present: Chief Assistant City Attorney Michael Roush; Assistant
City Attorney John Le; and City Clerk Lara Weisiger]
ORAL COMMUNICATIONS, NON-AGENDA
None.
AGENDAITEMS
3-A. Minutes of the July 23, 2019 Meeting
Commissioner Shabazz moved approval of the minutes.
Commissioner Little seconded the motion.
Under discussion, Commissioner Shabazz stated that he submitted correspondence with
corrections to the minutes; inquired the practice regarding including information on
presentations in the minutes and requested changes be made.
The City Clerk stated the changes can be done to expand the minutes.
Commissioner Shabazz stated the changes include a summary; noted the minutes
included a comment about speaking to other Commissioners; requested clarification of
the Brown Act.
The City Clerk stated the comment was about contacting one other Commissioner; stated
a quorum, or three Commissioners, cannot have a discussion about an agenda item.
Acting Chair Schwartz inquired the practice of summarizing comments.
The City Clerk responded if someone gives a presentations on something that is in writing,
the minutes typically state a presentation was given; adding more detail is acceptable.
On the call for the question, the motion carried by unanimous voice votes - 4.
Meeting of the
Open Government Commission
1
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,2,"3-B. Action on Open Government Commission's Written Decision Following a Hearing on
a Sunshine Ordinance Complaint Concerning a Failure to Respond Timely to a Public
Records Act Request
Acting Chair Schwartz inquired whether Commissioner Shabazz is recusing himself.
Commissioner Shabazz responded in the affirmative; inquired at what time is he required
to recuse himself, during voting or discussion.
The Chief Assistant City Attorney responded as the Complaintant, Commissioner
Shabazz would be required to recuse himself from the vote and discussion, but could
present to the Commission as the Complainant.
In response to Acting Chair Schwartz's inquiry regarding public comment, the Chief
Assistant City Attorney stated the Complaintant is given an opportunity to verbalize their
position; the Commission can ask questions; the City would make its presentation and
have an opportunity to respond; the Commission could then have discussion and reach
a decision regarding the issue.
Mr. Shabazz stated he would like to clarify that he filed his complaint as a member of the
public and not as a Commissioner; he would like to address two specific issues: 1) the
efforts to resolve the issue informally and any additional facts that existed, and 2) the
statement that there is no evidence of subsequent violations, which is inaccurate; cited
examples of potential violations included in the staff report; expressed concern about
resolving violations informally discouraging folks from bringing issues before the
Commission; stated that he chose to move it forward just to set a precedence; inquired
how the City Attorney's office could improve its internal process for an increased sense
of transparency.
Acting Chair Schwartz requested more details about Mr. Shabazz's requests from
February 22 and 27, 2018.
Mr. Shabazz responded on February 27, 2018 he made a request for bodycam footage
of an incident that occurred on August 21, 2017 regarding a robbery and Alameda Police
drawing firearms; stated the response he was given from the Police Department was that
he would not be able to access the bodycam footage.
Acting Chair Schwartz inquired whether Mr. Shabazz had issues with the response failing
to address his request timely or at all and whether he had to be persistent and follow up.
Mr. Shabazz responded he cannot answer at the moment because he submitted several
public records requests on separate issues, but can get the information from his computer
and provide it later.
Commissioner Little stated that she recalls asking the same questions at the last meeting.
Meeting of the
Open Government Commission
December 18, 2019
2",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,3,"Mr. Shabazz agreed the issues discussed at the last meeting are separate.
The Chief Assistant City Attorney stated the draft decision was revised per the
Commission's direction, which included removing objectionable language, adding a
reminder that the City needs to do a better job with timely responses, and requiring an
annual report on records requests; the changes were added to the findings sustaining the
complaint; hopefully, the revised decision meets the Commissions requirements and the
Commission will sign it.
Commissioner Little stated this is the first time a staff report has been provided regarding
records requests; the report revealed an additional item; she is satisfied that the City
Attorney's office did a nice job of capturing and cataloguing the requests; she would like
to move forward by acknowledging that there are appropriate checks and balances in
place; if the pattern continues, the Commission can revisit the issue.
Commissioner Tilos stated data should be provided by department to determine if there
is a pattern and to allow tracking and addressing of timely responses; expressed support
for the provisions added to the decision.
Acting Chair Schwartz stated it takes courage, persistence, and incredible amount of civic
engagement to raise the issue to the Commission; expressed appreciation to Mr. Shabazz
and the City Attorney's office for taking the matter seriously; proposed some amendments
to the decision language: removing the phrase ""in light of the facts changing the
phrase to ""no evidence in the record of a subsequent similar violation to ""though limited
evidence suggests similar violations, the Commission does not assess a fine "" and
adding a sentence ""However, the Commission will not hesitate to assess a fine in the
future if similar violations are reported"" to make it clear how seriously the Commission
takes the matter; after the sentence, ""we sustain the complaint,"" he would like to remove
the phrase, ""no other remedy is necessary.""
Commissioner Little stated at the time the decision was written, the Commission did not
have a staff report or evidence in hand; the staff report on record requests shows one
additional violation; she appreciates the spirit of what Acting Chair Schwartz would like to
do, but does not want to introduce something that was not in hand at the first hearing.
Acting Chair Schwartz stated the Commission is issuing the order tonight and should be
giving a decision based on what is known today.
Commissioner Little stated she is not comfortable making an amendment or motion to the
decision when the agenda item has not yet been addressed.
Commissioner Tilos stated a decision should have been approved back in October; it is
a muddy water and technically the Commission should not even be discussing the item
tonight; he understands both Commissioner's points, but is leaning toward the frame of
mind as of October.
Meeting of the
Open Government Commission
3
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,4,"Mr. Shabazz stated the issues and information, including the spreadsheet, being
discussed tonight were included in the October meeting; regardless of whether the
Commission has reached the item on the agenda, the information was sent out to the
public and the information is readily available.
Commissioner Tilos concurred with Mr. Shabazz; stated his point was the Commission
was ready to make the decision coming into the meeting in October, after having the
information and data from the July meeting.
Acting Chair Schwartz reiterated the amendments.
Commissioners Little and Tilos suggested amending the language to ""no evidence in the
record of a subsequent similar violation. "" to add ""since that time.""
Commissioner Little moved approval of the decision with the amendments noted.
Commissioner Tilos seconded the motion, which carried by unanimous voice vote - 3.
[Absent: Commissioner Shabazz - 1.]
3-C. Report Concerning Responses to Public Records Act (PRA) Requests Referred to
the City Attorney's Office
Commissioner Shabazz moved approval of accepting the report.
Commissioner Little seconded the motion.
Under discussion, Commissioner Little stated it is important to make sure the public
understands there is an Open Government Commission, a Sunshine Ordinance and the
City has a responsibility to address public records requests; inquired whether the
Commission has an obligation to follow up on public records request to prevent another
instance of requests falling through the cracks.
The Chief Assistant City Attorney responded the Sunshine Ordinance is prominent on the
City's website and is included on every Board, Commission, and Council agenda; the
record shows that public records requests are responded to timely; the City Attorney's
office can work with the City Clerk to explore other avenues to make the information more
available to the public.
Commissioner Little stated that she concurs with Mr. Shabazz regarding having an
educational component about the Public Records Act; she appreciates the time and
responsiveness that went into the decision; every data system can be flawed, humans
are inherently flawed; she appreciates the strong response to the Commission's request.
Commissioner Shabazz stated that he us grateful to the City Attorneys and staff for their
efforts regarding the matter; concurred with Commissioner Little regarding the importance
of access to information; discussed some discrepancies he found in the spreadsheet
Meeting of the
Open Government Commission
December 18, 2019
4",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,5,"regarding timing and responses related to his own requests; offered beneficial
suggestions, including requesting the City Attorney's office assign a number to each
public records request, using the year and number of the request; stated that would like
to incorporate the data in an annual report; recommended a method for other departments
to have consolidated and central tracking of requests.
The City Clerk stated See Click Fix has not been a great tool for records requests; the
Clerk's office is working with the Public Information Officer on alternative, more efficient
online way to submit public records requests.
Commissioner Little stated that she would like a column added to the spreadsheet which
indicates the number of days between when the request was received and when
responsive information or documents were produced.
On the call for the question, the motion carried by unanimous voice vote - 4.
3-D. Accept the Annual Report
The Chief Assistant City Attorney gave a brief presentation.
Commissioner Shabazz stated that he was not a member of the Commission at the time
previous complaints were filed and wanted to confirm with the other Commissioners that
the information in the report is accurate.
Acting Chair Schwartz inquired what happened with the ""null and void"" decision on the
ordinances, to which the City Clerk responded in January 2019, the Council decided to
rescind the ordinances, which were re-introduced and finally passed.
Acting Chair Schwartz requested adding a few sentences after the statement to indicate
there was effective Commission action regarding the ordinances.
Acting Chair Schwartz moved approval of accepting the annual report.
Commissioner Tilos seconded the motion, which carried by unanimous voice vote - 4.
Acting Chair Schwartz proposed hearing item 3-F. before 3-E.
Commissioner Shabazz inquired whether the Commission has a set meeting cut-off time,
to which the City Clerk responded in the negative.
Commissioner Shabazz inquired whether a formal motion is required to change the order
of the agenda, to which the Chief Assistant City Attorney responded the Chair has the
discretion to move ahead with minor agenda order changes such as the one Acting Chair
Schwartz proposed.
3-F. Select Chair and Vice Chair
Meeting of the
Open Government Commission
5
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,6,"Acting Chair Schwartz stated the selection of Chair and Vice Chair is based on seniority;
since Chair Henneberry stepped down, he is next in line for Chair; inquired whether
Commissioner Tilos would then be next for Vice Chair.
Commissioner Tilos stated he was not aware of the selection precedence and suggested
opening the discussion; requested staff remind the Commission of meeting logistics;
expressed concerns about not having a quorum the last meeting, which wasted time and
resources.
The City Clerk stated the Commission's two regular meetings are the first Monday in
February and October at 7:00 p.m.; meetings are also scheduled within 30 days if a
complaint is filed and as needed.
Commissioner Shabazz inquired which Commissioner would be interested in the Chair or
Vice Chair roles and why.
Acting Chair Schwartz responded that he is interested in taking on the Chair role; stated
he regrets not being able to attend the October meeting due to an emergency
appendectomy and the last-minute July meeting was called while he was away on
international travel; with those two exceptions, he has attended all the meetings and plans
to going forward; he is proud of the work the Commission does; giving access to the public
as well as helping the City Council function more effectively is why he would like to
continue to serve on the Commission; the Commission has achieved many meaningful
things; having proper disclosure is important; he would like to continue being proactive
going forward.
Commissioner Tilos moved approval of appointing Commissioner Schwartz as the Chair.
Commissioner Little seconded the motion, which carried by unanimous voice vote - 4.
Acing Chair Schwartz moved approval of nominating Commissioner Tilos as the Vice
Chair.
Commissioner Little stated the selection is a rotating process; she has already been Chair
and Vice Chair; she feels it is a good way for appointed members to gain experience; she
supports Commissioner Tilos as Vice Chair.
Commissioner Tilos stated he is humbled by the nomination and would like to fill the role
as Vice Chair; he would like to continue the rotational process so that Commissioner
Shabazz could also have a turn at the Vice Chair/Chair roles.
Commissioner Little seconded the motion, which carried by the following voice vote: Ayes:
Commissioners Little, Tilos and Acting Chair Schwartz - 3. Abstention: Commissioner
Shabazz - 1.
Meeting of the
Open Government Commission
December 18, 2019
6",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,7,"Commissioner Shabazz inquired whether the rotational selection process is a formal
process that has been codified, to which the Chief Assistant City Attorney responded in
the negative; stated the selection process is informal; selecting the Chair and Vice Chair
is at the Commission's discretion.
Commissioner Little stated participation in previous meetings would be a factor for her in
the nomination process; she would bypass a Commissioner who was absent for a majority
of the meetings.
Commissioner Shabazz stated that he is fine with the informal process but would like to
consider making it more formal in the future; discussed the example of the School Board
changing its process.
Commissioner Tilos concurred with Commissioner Shabazz; stated the School Board
situation had the necessary votes to change the process.
3-E. Consider Further Revisions to the Sunshine Ordinance by Amending Various
Provisions of Article VIII (Sunshine Ordinance) of Chapter II (Administration), Including
Provisions Related to Public Access to Public Meetings and Public Records, and
Sunshine Ordinance Enforcement.
Commissioner Shabazz stated he is interested in how revising the ordinance is coming
forward now.
Acting Chair Schwartz stated the City Attorney's office claims the ordinance has been
around for a decade and is being cleaned up; it felt like revising the ordinance was in
response to the Commission nullifying two City Council actions and the fact that the City
Attorney's office seemed to dispute whether the Commission has the authority to do so;
it seems that the City Attorney's office wants change to the ordinance to take the authority
away from the Commission; all of the other modifications to the ordinance seemed like
gravy poured over the real issue.
Section 2-93.8
The Assistant City Attorney stated the use of the Null and Void remedy was historic in a
sense that it had not been used prior; when it was used, Councilmembers wanted the City
Attorney's office to look into revising the Sunshine Ordinance; from said direction, the City
Attorney's office drafted the ordinance amendments which are before the Commission
tonight.
Acting Chair Schwartz inquired whether the Council requested the revisions because they
were upset that the Commission nullified their actions.
The Assistant City Attorney responded in the negative, stated that he would not
characterize it that way; it is typical for ordinances to adopt provisions that are not
triggered, but it cannot be ignored that the remedy was used; his understanding is that
the Council wanted a review of the entire Sunshine Ordinance.
Meeting of the
Open Government Commission
7
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,8,"ensure proper procedure is taken away, there is no point in having an Open Government
Commission or a Sunshine Ordinance.
Commissioner Tilos concurred with Commissioner Little, stated the Commission needs
the authority in order to be an effective body.
Chair Schwartz moved approval of rejecting the changes to Section 2-93.8.
Meeting of the
Open Government Commission
December 18, 2019
8",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,9,"Commissioner Tilos seconded the motion.
Under discussion, the Chief Assistant City Attorney clarified that the Commission would
like Section 2-93.8 to remain unchanged.
The Assistant City Attorney inquired whether the Commission's recommendation is that
not only are the changes rejected, there are no alternative proposed changes to Section
2-93.8, to which Acting Chair Schwartz responded in the affirmative.
On the call for the question, the motion carried by unanimous voice vote - 4.
Commissioner Shabazz stated he would like the Commission to use how making changes
to the Sunshine Ordinance makes government more accessible as a framework to
evaluate the changes.
Section 2-91.1
Commissioner Shabazz inquired whether an ad hoc Charter Review Committee
appointed by the Mayor would be considered a passive meeting body as defined in the
Sunshine Ordinance.
The Assistant City Attorney responded in the negative; stated it is a typical ad hoc meeting
body and not a passive meeting body; an example of a traditional ad hoc committee is
similar to a ballot argument ad hoc committee where two members of the Council convene
to come up with a revised ballot argument.
The Chief Assistant City Attorney stated it is defined in the ordinance that a passive
meeting body shall not include an ad hoc committee appointed for a single purpose;
concurred with the Assistant City Attorney that the Charter Review Committee would not
be considered a passive meeting body.
In response to Commissioner Shabazz inquiry, the Assistant City Attorney stated a
meeting body that includes City employees and outside agency staff would not be
considered a passive meeting body and would be an exception.
There was no Commission discussion of Section 2-91.5
Section 2-91.12
Commissioner Shabazz inquired what is the impetus for the section [regarding Closed
Sessions] being amended, to which the Assistant City Attorney responded a
Councilmember requested the change.
Commissioner Shabazz stated it would be helpful for elected officials to clarify Closed
Session votes on matters, whether it is for their own political purposes, but also for people
to understand their intention; it would make sense in making government further
accessible.
Meeting of the
Open Government Commission
9
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,10,"Section 2-91.15
In response to Commissioner Shabazz's inquiry, the City Clerk stated the Council adopted
new Rules of Order eliminating the ceding of time, which was also approved by the Open
Government Commission and a Council subcommittee.
Commissioner Little stated the change in policy was a result of trying to streamline the
Council meetings; there were complaints that the same members of the public and
Council were talking about the same issues repeatedly.
Acting Chair Schwartz stated it does not create greater public access when decisions on
important issues that people come to hear about are not getting heard until late in the
evening or postponed to another meeting because people are talking too long.
Section 2-92.2
Commissioner Shabazz inquired who are the designated custodian of records.
The City Clerk responded any person within the City can accept a public records request
from anybody; stated the custodian of records is the staff person responsible for tracking
requests within the department; each department designates one person so requests can
be filtered directly to the department's custodian of records.
Section 2-92.4
Commissioner Shabazz inquired what are the benefits of posting an Environmental
Impact Report (EIR) and other environmental documents on an external consultant's
website as opposed to just posting it on the City's website.
The Assistant City Attorney responded the practice is not common, but sometimes the
documents are very large, especially when building an administrative record, and hosting
the documents on the City's website can be cumbersome.
Acting Chair Schwartz inquired whether a link is posted on the City's website in the event
the consultant hosts the documents, to which the Assistant City Attorney responded he is
not absolutely certain, but believes posting a link is a standard practice.
Acting Chair Schwartz requested confirmation of the accessibility to the documents be
included in the changes.
There was no Commission discussion of Section 2-92.9
Section 2-93.2
In response to Acting Chair Schwartz's inquiry regarding forfeiture of a hearing date, the
City Clerk stated that she reaches out to all the contact information provided by the
requestor; it becomes a problem when there is a timeline to schedule a hearing and she
is not getting any response from the complaintant.
Meeting of the
Open Government Commission
December 18, 2019
10",OpenGovernmentCommission/2019-12-18.pdf
OpenGovernmentCommission,2019-12-18,11,"Acting Chair Schwartz stated it might be helpful to add a sentence to emphasize the point,
such as: ""every reasonable attempt will be made to reach the individual through all
available contact information and all attempts will be documented.'
In response to Commissioner Shabazz's inquiry about re-submitting a complaint, the City
Clerk responded the timelines in the Sunshine Ordinance would not allow a re-submission.
There was no Commission discussion of Section 2-93.7.
The City Clerk summarized the changes the Commission agreed to; stated there were
slight revisions to 2-92.4 requiring a link be posted and 2-93.2 requiring outreach; the
changes have been noted and staff will work to draft the language.
Chair Schwartz moved approval of adopting the recommendations with the two
amendments.
Commissioner Little seconded the motion.
On the call for the question, the motion carried by unanimous voice vote - 4.
COMMISSION COMMUNICATIONS
Commissioner Shabazz expressed his appreciation for all the work of staff regarding his
complaint as a member of the public; stated he would like to use his role as a
Commissioner to make the Public Records Act more available to Alamedans and
welcomes suggestions from other Commissioners and staff on ways to do that.
The Chief Assistant City Attorney stated staff could agendize the issue at the February
meeting.
ADJOURNMENT
There being no further business, Chair Schwartz adjourned the meeting at 8:34 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Meeting of the
Open Government Commission
11
December 18, 2019",OpenGovernmentCommission/2019-12-18.pdf