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2007-12-04 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - DECEMBER 4, 2007- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 7:53 p.m. Councilmember Matarrese led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07 -561) Park Street Business Association Proclamation. Mayor Johnson read and presented the Proclamation to Lars Hansson. Councilmember Matarrese thanked Mr. Hansson for planting daffodils. Mr. Hansson thanked Council for the proclamation. Councilmember deHaan inquired how many bulbs were planted. Mr. Hansson responded 2,000 bulbs were purchased; stated approximately 1,000 bulbs were planted on Park Street. CONSENT CALENDAR Mayor Johnson announced that the Minutes [paragraph no. 07 -562], the recommendation to accept the Annual Review of Public Art Ordinance [paragraph no. 07 -564], the recommendation to accept Affordable Housing Ordinance Annual Review [paragraph no.07 -566], and Resolution Amending Resolution No. 12121 [paragraph no.07 -569] were removed from the Consent Calendar for discussion. Councilmember Gilmore moved approval of the remainder of the Consent Calendar. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (07 -562) Minutes of the Special City Council Meetings held on November 13, 2007 and November 19, 2007; and the Special and Regular Meeting 1 Alameda City Council December 4, 2007 Regular City Council Meetings held on November 20, 2007. Approved. Councilmember Gilmore requested that clarification be made on Page 5 of the November 20, 2007 Regular City Council minutes; stated the context was that the Museum Board needs to have a discussion regarding educational goals versus fund raising goals and strike a balance between the two. Councilmember Gilmore moved approval of the Minutes with additional language on Page 5 of the Regular Minutes. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. ( *07 -563) Ratified bills in the amount of $1,603,461.02. (07 -564) Recommendation to accept the Annual Review of Public Art Ordinance. Councilmember deHaan stated that Council received an Off Agenda Report that described various projects; Council inquired whether there are funds in the Public Arts Fund; Council did not set a $50,000 benchmark; Council requested that the matter be brought back to make a determination on funding sources; Council needs to review details on how art funds would be applied; requested clarification of the $50,000. The City Manager stated art fund allocations were reviewed; approximately $13,000 could be spent on the Public Arts Grant Program; staff would come back to Council regarding funding sources after the program is established and the criteria are developed; money could come out of reserves; Council would need to take action on the matter. Councilmember deHaan stated that funds would need to come out of reserves or some other funding if Council decided on a total grant program of $50,000. The City Manager stated the amount could increase; staff would continue to provide updates. Councilmember deHaan inquired whether Council would receive a report on the Grant Program, to which the City Manager responded in the affirmative. Councilmember deHaan moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by Regular Meeting 2 Alameda City Council December 4, 2007 unanimous voice vote - 5. ( *07 -565) Recommendation to accept the Impact Fee Report for Police and Fire Services. Accepted. (07 -566) Recommendation to accept Affordable Housing Ordinance Annual Review. Former Councilmember Barbara Kerr, Alameda, stated Affordable Housing discussions always address money and building; lower income neighborhood preservation is never discussed; emphasis should be given to preservation. Mayor Johnson inquired whether former Councilmember Kerr was talking about existing neighborhoods and issues such as home additions. Former Councilmember Kerr responded huge planned projects could be a possible intrusion in her neighborhood; a Planning Board Member suggested moving the Wang Project west of Sherman Street; another Planning Board Member suggested running all the streets northward to the Beltline; traffic protection was discarded. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. ( *07 -567) Recommendation to accept the Annual Review of the Citywide Development Fee and the Fleet Industrial Supply Center (FISC) /Catellus Traffic Fee. Accepted. ( *07 -568) Recommendation to appropriate $17,676 in Measure B Bicycle and Pedestrian Improvement Funds as the required local match for accepting a Bicycle Facility Program Grant from the Bay Area Quality Management District. Accepted. (07 -569) Resolution No. 14161, "Amending Resolution No. 12121 Setting the Order of Business of City of Alameda City Council Meetings." Adopted. Councilmember deHaan stated currently any Councilmember can place any subject matter on the agenda; the proposal would eliminate said process; that he does not have a problem with Councilmembers identifying what they want to place on the agenda; one of the actions [outlined in the staff report] is no action; after a matter gets to Council Referral, the Council can decide that it does not want to hear the matter and the issue would never get placed on the Regular Meeting 3 Alameda City Council December 4, 2007 agenda in any form; the current system is not broken; that he does not see a need to do this [add Council Referral] ; it [Council Referral] takes away the latitude that Councilmembers all have - -the prerogative of placing matters on the agenda; that he is not sure that he is in favor; removing the [staff report] action b (1) "no action" might be useful. Mayor Johnson inquired whether Councilmember deHaan sees the issue as limiting Council's ability to put things on the agenda. Councilmember deHaan responded in the affirmative; stated it [Council Referral] is going to place it [the matter] not even as a real agenda item; it [the matter] is going to be a Council Referral. Mayor Johnson stated it [the proposal] pretty much follows the current practice; now a Councilmember brings a matter up under Council Communications and if there is consensus the matter is brought back as an agenda item; inquired whether said process is the current practice. Councilmember deHaan responded in the negative; stated matters are not voted upon under Council Communications; the war resolution was the only situation voted upon, which came from the community itself. Mayor Johnson stated the Council acts via consensus. Councilmember Matarrese stated that he cannot recall ever going to the City Manager and requesting a matter be placed on the agenda; what happens is Councilmembers have brought up items under Council Communications and the Council as a body has directed the City Manager to place the matter on the agenda; this [the proposal] formalizes the process. Mayor Johnson stated that she sees the matter as formalizing what has been done. Councilmember deHaan stated former Councilmember Daysog has done it [placed matters on the agenda] quite a few times; a few times former Councilmember Daysog would say that he wanted a matter to be part of the agenda. Mayor Johnson stated not that she was aware of; that she served on the Council with former Councilmember Daysog and she does not recall that [Councilmember Daysog putting matters on the agenda]. Former Councilmember Barbara Kerr, Alameda, stated that she recalls Regular Meeting 4 Alameda City Council December 4, 2007 going to the City Manager and requesting that matters be placed on the agenda; the workshop when the matter was discussed did not have public input; when she was the City's representative to League of California Cities (LCC), Councilmembers from the few cities with said provision indicated it worked out to be a gag order; if the majority of Council prevents a Councilmember from putting something on the agenda, it would disenfranchise the people who elected that person; furthermore, people interested in the issue would have to come to two Council meetings: one to discuss placing the matter on the agenda and one to address the matter on the agenda. Vice Mayor Tam stated as the other cities, such as Palo helped increase public awaren things get on the agenda and process helps provide fuller guide and direct priorities. LCC representative, she learned from Alto and Fremont, that the process ess and transparency about why certain others do not; having the formalized Council discussion of issue and helps Councilmember Gilmore inquired whether Councilmembers would have to complete a referral form if interested in a topic raised by a member of the public at a Council meeting; questioned what the proposal does to the Council's on the fly consensual process. The City Manager responded the process allows staff to provide cost information and whether the item would change priorities or work plans. Councilmember Matarrese stated the process does not have anything to do with cost and addresses whether or not a matter would be placed on an agenda; Councilmember Gilmore's point was if a speaker raises an issue and there is Council consensus, the matter would be placed on an agenda at a future time; it [the proposal] puts in writing what is now handled under Council Communications; the Council makes the formalized vote on placing the matter on the agenda. Councilmember Gilmore stated that she sees two distinct processes; the [referral] form would be used if a Councilmember has an idea to be researched; however, asking a member of the public to go through the same hoops that Councilmembers go through is not fair; former Councilmember Kerr' s point is well taken; it takes a lot to get people to come to City Hall or call, whereas, Councilmembers are here and have contact with staff. Mayor Johnson stated Council can make it clear that Council is intending to do so; if a speaker conveys a great idea and the majority of Council requests follow up, the matter could be brought back. Regular Meeting cJ Alameda City Council December 4, 2007 The City Manager stated that she was addressing when individual Councilmembers make a request. Councilmember deHaan inquired how many times individual Councilmembers have brought forward an agenda item in the last year; that he does not believe Council has done so. Mayor Johnson stated Council has done so a number of times, by consensus, under Council Communications. Councilmember deHaan stated it [requesting a matter be placed on an agenda] has been done within Council Communications; with Council Referrals, Councilmembers would be prohibited from talking about matters under Council Communications. Mayor Johnson stated matters cannot be discussed under Council Communications. Councilmember deHaan stated in the past one individual Councilmember was able to put a matter on the agenda. Vice Mayor Tam stated there are provisions to do so [place a matter on the agenda] in the City's Municipal Code, provided that the matter is provided one week in advance. Councilmember deHaan stated said provision is no problem; that he does not think Council wants to stifle it [the provision] by bringing a matter to a vote initially to see if Council wants to discuss the issue; it [the proposal] is not fair and not in the best interest of anyone. Councilmember Gilmore inquired whether the proposal affects Council's ability to call for review any decision of a board or commission. The City Manager responded in the negative; stated the City of Fremont's model was designed to place a matter on the agenda that might require a change in work plans or a change in direction; the matter would be placed under Council Referral, rather than having Councilmembers raise the issue under Council Communications; the formal structure would allow Councilmembers to place an item on the agenda so that staff could respond and provide information; when staff puts the item on the agenda, Council would have the information to determine whether it wants to move the item forward on the agenda. Councilmember deHaan stated it is no different if Councilmembers go Regular Meeting 6 Alameda City Council December 4, 2007 to the City Manager and request the matter be placed on the agenda. Mayor Johnson stated the problem with that [individual Councilmembers directing placing items on the agenda] is that it gets into the area of one Councilmember directing staff. Councilmember deHaan stated the Councilmembers are not doing so. Mayor Johnson stated agenda items have staff reports; one Councilmember directing staff to do necessary work, create a staff report and place the matter on an agenda is in violation of the Charter. Councilmember deHaan stated said situation has not occurred on the current Council's watch. Councilmember Matarrese stated that he cannot remember said event happening; that he has never gone to the City Manager and requested a matter be placed on the agenda; that he brings up the issue under Council Communications to get the consensus to agree to place the matter on the agenda. Councilmember deHaan stated big box is an example; there was not a full vote by the Council, however, bringing up and discussing the issue was still a healthy thing; that he wants to put matters on the agenda to hear more about the issue, costing staff hours is a different thing. Mayor Johnson stated that she has not gone to the requested something be placed on the agenda; Councilmembers have not done so; that she views formalizing what is done now; the Council has generous in complying with requests [to place agenda]. City Manager and it sounds like the proposal as always been very matters on the Councilmember deHaan stated there have not been problems in the past; that he does not foresee future problems; questioned whether this [the proposal] is Mayor Johnson's recommendation. Mayor Johnson responded in the negative. Councilmember deHaan inquired who put the matter on the agenda. Mayor Johnson responded it was part of the workshop. The City Manager stated it was an outcome of the workshop; part of the task to staff was to develop the form; due to the way the system is set up, a resolution is required to put a new section on Regular Meeting 7 Alameda City Council December 4, 2007 the agenda. Mayor Johnson stated that she has no problem with Council communicating with staff; that she was on the Council when Council voted to get rid of the Council -staff communication rules established by a prior City Manager; the Council has to be careful with individual Councilmembers directing staff; that she does not see how a matter can be placed on the agenda without numerous staff hours being spent. The City Attorney stated Council cannot legally take a consensus action regarding items raised under Council Communications because there has not been a description on the agenda and the public does not know what may be brought up; the purpose of the formalized rule is to provide an opportunity to get the public involved in the discussion; if the matter is submitted ahead of time, it can be placed on the agenda under the new section with a sufficient description; there will not be a staff report yet so staff resources will not have been expended; however, the title can be a sufficient description so that the public understands what will be considered, Council can take an action that night, there could be no action taken, or Council could request a formal staff report and more information at a future meeting; the purpose is to permit a legal action to be taken and allow public participation. Councilmember Matarrese stated said explanation clarifies the matter and removes the chance of it becoming a gag rule; the matter can be discussed and a vote can be taken, which cannot occur under Council Communications; the proposal enhances the ability to get something from a single Councilmember heard in a fashion noticed to the public without running into the legal problem of providing direction, even by consensus, on a matter that was not on the agenda. Councilmember deHaan stated what the Council is doing today is bringing the matter as an agenda item; questioned why a separate agenda section is needed to do it. The City Attorney stated the Council has never violated the Brown Act during Council Communications because a vote has never been called for; the City Manager has voluntarily placed a matter on the agenda or provided information upon seeing an interest from one or more Councilmembers; the process is being formalized to provide greater public participation; the matter is a follow up of the issue addressed at the workshop. Councilmember deHaan stated that he pulled the February 6, 2006 minutes regarding the war resolution and there was an official Regular Meeting 8 Alameda City Council December 4, 2007 vote; requested the record be reviewed. The City Attorney stated there can be a vote if the matter is placed on the agenda. Councilmember deHaan stated the matter was raised by the public. Mayor Johnson stated that the matter was on the agenda. The City Manager stated a title was placed on the agenda under Council Communications; Council Referral would be the proper place for such an item. Councilmember Matarrese inquired how one Councilmember directing the City Manager to place an item on an agenda tests against the Charter's provision that the Council provides direction to the City Manager. The City Attorney stated under the Charter, the City Manager is responsible for operations and implementing the policy decisions of the majority of Council; a majority of Council is required to direct the City Manager to take an implementing action or to implement anything within the realm of operations. Councilmember Matarrese inquired whether that includes putting the agenda together. The City Attorney responded putting the agenda together is part of operations; the City Manager controls the agenda. Mayor Johnson inquired whether one Councilmember directing a matter be placed on the agenda is a Charter violation. The City Attorney responded making a request is not a Charter violation; it is up to the City Manager to put something on the agenda if she determines that it is an operational matter that comes under her authority under the Charter; it does not matter that one Councilmember may have suggested it; however, no Councilmember individually has the authority to direct the City Manager to do a certain thing a certain way if it is under operations; a cleaner way is to try to find a way to seek consensus. Councilmember Gilmore stated that she cannot recall a Councilmember raising something under Council Communications that he or she wanted placed on the agenda and there not being a consensus or that the matter did not come up later as an agenda item; Councilmembers are very generous with each other and pretty much put everything on Regular Meeting 9 Alameda City Council December 4, 2007 the agenda for discussion; with said history for background, she would suggest that [staff report item] b state: "The City Council after discussing the item may do any of the following;" she would take out number 1) [take no action] because, by and large, the Council does take an action, the issue is discussed, the matter might be deferred, which is even taking an action; she wants to make sure whatever the item, that the matter gets discussed; putting the matter on the agenda ensures that the matter is discussed; numbers 2 and 3 can be left as is; she would suggest that the practice be implemented and, six months after adoption, the issue be placed on an agenda to discuss whether Council likes the practice and hear what the public thinks. Councilmember Matarrese inquired whether said suggestion was a motion, to which Councilmember Gilmore responded in the affirmative. Councilmember Matarrese seconded the motion. Under discussion, Councilmember deHaan stated the City Attorney indicated that the City Manager has the authority [over the agenda]; inquired how an item is placed on the agenda under the jurisdiction of the City Attorney or City Clerk. The City Attorney inquired whether Councilmember deHaan meant Closed Session items, to which Councilmember deHaan responded in the negative. The City Attorney stated the only things that she has the power to put on the closed session agendas are certain attorney- client privileged communications within the Brown Act; she can put said matters on the agenda because she needs to be able to talk to the Council since she works directly for the Council; however, she does not have any authority to go to the City Manager and request that a matter be placed on the agenda; she has no such power under the Charter; she is not a policy maker and is not involved in operations. Councilmember deHaan stated there would be an upcoming discussion on Charter amendments, which do not come under the City Manager. Mayor Johnson stated the matter comes under the voters. Councilmember Matarrese stated a majority of the Council gave direction to place Charter review on the agenda; this [the proposal] puts the items into public view; when an individual Councilmember wants something on the agenda, which the City Manager does not have time for, the item can get on the agenda for Regular Meeting 10 Alameda City Council December 4, 2007 discussion and a potential action from the entire Council with full public notification, in full public view with a published version of what is going to be discussed; inquired whether he understands correctly. The City Attorney responded in the affirmative; stated if anything the proposal is a way of ensuring that matters of interest to individual Councilmembers get on the agenda because Council would not be dealing with just City Manager discretion. Councilmember deHaan inquired whether Vice Mayor Tam has information about other cities practices. Vice Mayor Tam responded the City of Palo Alto adopted a similar protocol as one way to address openness and public transparency regarding discussions between an individual Councilmember and the City Manager. Councilmember deHaan stated the City's current procedure brings it out in the open. Vice Mayor Tam stated the procedure allows Council to formalize it [the procedure]. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Gilmore, Matarrese, Tam and Mayor Johnson - 4. Noes: Councilmember deHaan - 1. Councilmember Gilmore noted that the matter would return in six months and [staff report] item 1 was deleted. REGULAR AGENDA ITEMS (07 -570) Recommendation to accept the Quarterly Sales Tax Report for the period ending June 30, 2007. The Finance Director gave a brief presentation. Mayor Johnson inquired whether the next report could provide the sales tax percentage in other cities budgets, to which the Finance Director responded possibly. Vice Mayor Tam stated that Page 2 notes that construction sales posted the largest increase related to building materials and wholesale; Alameda does not have a Home Depot. The Finance Director stated Alameda has other businesses in town that are classified as being part of the construction and wholesale Regular Meeting 1 1 Alameda City Council December 4, 2007 category. Councilmember Matarrese stated the business that fabricates windows on Oak Street would be classified in said category; the report is good; a two -year budget will be adopted next June; the revenue stream is flat; auto dealerships will be on the decline; requested that the report be posted to the website for public review. Councilmember deHaan inquired whether taxes would be impacted by approximately one third because of a decline in auto sales tax. The Finance Director responded there are a variety of auto dealers such as used auto dealers and yacht sales. Councilmember deHaan stated yacht sales have declined because a portion of a Marina was closed down for housing development; used car dealerships will be lost when the new car dealership moves out. The Finance Director stated there are independent used car lots. Councilmember Gilmore stated the report is timely because a local newspaper editorial exhorted residents to spend money locally; the City needs to promote businesses on the Island. The Finance Director stated the referenced editorial noted that every penny of the sales tax comes to Alameda, which is not true; Alameda only receives three - quarters of one percent. Vice Mayor Tam stated that the Alameda Towne Center has been undergoing construction in the last two years; inquired whether the new stores would offer hope for some minor recovery to offset the auto dealership. The Finance Director responded that she is not sure that there will be a total offset; stated some improvement has been made; more improvement is anticipated as newer stores finish construction and come on line; the impacts from Old Navy and TJ Max are not known because the report only covers the period ending June 30. Mayor Johnson stated that Park Street sales tax generation north and south of Lincoln Avenue is over $500,000 for the second quarter of 2007; inquired what the City of Albany has that makes sales tax generation higher than Alameda. Councilmember Gilmore responded the City of Albany has a Target. Councilmember deHaan stated that people need to pay attention to the chart that shows General Fund distribution; the impact will be Regular Meeting 12 Alameda City Council December 4, 2007 on the General Fund when shortages occur, particularly for Police and Fire. Vice Mayor Tam moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON- AGENDA None. COUNCIL COMMUNICATIONS (07 -571) Consideration of Mayor's appointment to the Rent Review Advisory Committee. Mayor Johnson appointed Jerome Harrison. (07 -572) Councilmember deHaan noted that he would place the matter of campaign reform on the agenda using the Council Referral process; he would like to see limits on the amount from individual donors and the total amount spent for a campaign; he hopes to get support in moving the matter forward. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:56 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting 13 Alameda City Council December 4, 2007