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2006-02-21 Regular CC MinutesRegular Meeting Alameda City Council February 21, 2006 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -FEBRUARY 21, 2006- -7:30 P.M. Mayor Johnson convened the Regular Meeting at 8:07 p.m. ROLL CALL – Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson – 5. Absent: None. AGENDA CHANGES (06-076) Mayor Johnson announced that the recommendation to appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to execute a Contract with Regency Centers [paragraph no. 06-079] would be continued to March 7, 2006. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. CONSENT CALENDAR Councilmember Daysog moved approval of the Consent Calendar. Councilmember deHaan seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*06-077) Minutes of the Special City Council Meeting held on February 4, 2006 and the Special and Regular City Council Meetings held on February 7, 2006. Approved. (*06-078) Ratified bills in the amount of $1,452,894.81. (06-079) Recommendation to appropriate $170,000 in Urban Runoff Funds and authorize the City Manager to execute a Contract with Regency Centers for repair to public drainage facilities in coordination with construction of the Bridgeside Shopping Center improvements. Continued to March 7, 2006. (*06-080) Recommendation to appropriate funds and to award Contract in the amount of $2,057,000 to Pacific Trenchless, Inc. for Cyclic Sewer Repair Project, Phase 4, No. P.W. 05-03-11. Accepted. (*06-081) Recommendation to approve the purchase of five Regular Meeting Alameda City Council February 21, 2006 2 Communications Center Workstations for the Police Department from Wright-Line Technical Environment Solutions in the amount of $45,535.03. Accepted. REGULAR AGENDA ITEMS (06-082) Resolution No. 13927, “Appointing Lorre Zuppan as a member of the Economic Development Commission.” Adopted. Councilmember Matarrese moved adoption of the Resolution. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote – 5. The City Clerk administered the Oath and presented a certificate of appointment to Ms. Zuppan. (06-083) Report on proposed PERS Golden Handshake Retirement under California Government Code Section 20903. The Human Resources Director provided a brief report. Councilmember deHaan inquired what are the procedures for moving forward with the Golden Handshake program. The Human Resources Director responded interested employees would need to file retirement papers with PERS by June 30; stated PERS would provide a notice to the employees and would make adjustments for the two years additional credit once the employees start receiving pension checks. Councilmember deHaan inquired whether the matter would return for Council action. The Human Resources Director responded that a resolution will be presented to the Council on March 7. Councilmember deHaan inquired whether a certain number of people are required to participate in the program, to which the Human Resources Director responded in the negative. Councilmember deHaan inquired whether a reduction in the work force would be necessary if individuals do not take advantage of the program, to which the Human Resources responded staff reduction might be necessary. Vice Mayor Gilmore stated fourteen classifications are listed; inquired whether each classification has only person or more than Regular Meeting Alameda City Council February 21, 2006 3 one employee in each pool. The Human Resources Director responded there are eleven classifications; stated more employees could take advantage; four Customer Service Representatives are listed but six could take advantage of the Golden Handshake. Mayor Johnson inquired whether the City is required to handle the program in a certain manner. The Human Resources Director responded that PERS has specific requirements; classifications could be designated by department and division. Councilmember deHaan inquired whether the number of employees in a classification could be limited. The Human Resources Director responded only if the department, division, and area were narrowly defined. Councilmember deHaan stated that he hopes there are no consequences by having too many employees take advantage of the program. Mayor Johnson stated fewer employees would be eligible if the classification is narrowly defined. Councilmember deHaan moved approval of the staff recommendation. Vice Mayor Gilmore seconded the motion, which carried by unanimous voice vote – 5. (06-084) Recommendation to adopt the Long-Term Park Use Policy. The Acting Recreation and Parks Director provided a brief report. Vice Mayor Gilmore inquired whether the Recreation and Park Department could contract with a third party to conduct a program in one of the parks, to which the Acting Recreation and Park Director responded in the affirmative. Vice Mayor Gilmore stated that she liked that for-profit groups would not be considered; the application states that property owners and tenants would be notified to attend a neighborhood meeting; inquired whether the Acting Recreation and Park Director was aware of what the notification process would entail. The Acting Recreation and Park Director responded in the affirmative; stated the notification process has been done in the Regular Meeting Alameda City Council February 21, 2006 4 past. Vice Mayor Gilmore inquired whether the process would be at the applicant’s expense, to which the Acting Recreation and Planning Director responded in the affirmative. Councilmember Matarrese inquired whether the long-term, exclusive use was for the whole park or for not more than 15% of the park. The Acting Recreation and Park Director responded the long-term, exclusive use would be for not more than 15% of the park. Councilmember Matarrese stated that he would like to require Council approval for any alternations to existing park conditions; the parks are precious open space; he does not believe that the public should be excluded if a private group has long-term, exclusive use of a portion of the park; inquired how the policy would affect existing private use of park land. The Acting Recreation and Park Director responded currently there are no long-term uses. Councilmember Matarrese stated the two pools have long-term uses. The Recreation and Park Director stated the two pool associations have leases until 2011. Mayor Johnson inquired when the leases were renewed, to which the Acting Recreation and Park Director responded five years ago. Councilmember Matarrese inquired whether the pool association and [Cellular] tower leases are the only private uses. The Acting Recreation and Park Director responded in the affirmative; stated that the private uses are covered by separate, detailed agreements. Mayor Johnson requested clarification on Councilmember Matarrese’s requested changes. Councilmember Matarrese stated changes would be requiring Council’s approval for any uses that would change existing park conditions. Mayor Johnson stated a distinction is needed between use and structures; a requirements is needed in the case of change or structures; she prefers that the policy be a resolution or ordinance; she personally prefers an ordinance; stated broader newspaper noticing should be required; she does not like the Regular Meeting Alameda City Council February 21, 2006 5 language regarding the decision being final unless appealed; questioned whether an appeal would include the Call for Review procedure. Vice Mayor Gilmore stated that she has a philosophical problem with the phrase “paving over open space” unless referring to recreational-type facilities. City Manager inquired whether temporary tents would be acceptable, to which Mayor Johnson responded in the affirmative. Councilmember Matarrese stated that he would prefer to have temporary tent requests come to the Council for approval; a lot of money is invested in the parks and; the parks should be treated like gold; private parties should pay dearly for exclusive use of the parks. Mayor Johnson stated a distinguishing factor could be a non-profit having a public event versus a non-profit having an event that excludes the public. Councilmember Matarrese stated exclusive use means groups would determine who could enter the park and who cannot. The Acting Recreation and Park Director stated the paragraph at the bottom on the page states: “Park and recreation facilities are designated for public use. Therefore entities requesting approval for long-term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association.” Mayor Johnson stated the term “exclusive use” should not be used. The City Manager suggested using the term “designated use”. Mayor Johnson stated non-profits are not defined. The City Manager stated non-profits could be defined by the type of corporation. Mayor Johnson inquired about unincorporated organizations. The Acting Recreation and Park Director responded a definition for non-profit status is available. Mayor Johnson stated the definition should be included in the policy. Regular Meeting Alameda City Council February 21, 2006 6 Vice Mayor Gilmore stated that the application form should include the language: “Park land and recreation facilities are designed for public use. Therefore, entities requesting approval for long-term use of park land and recreation facilities must be able to accommodate participation from the general public and not be limited by membership association.” The Acting Recreation and Park Director stated the language could be included; noted applicants need to schedule a pre-meeting as part of the process. Councilmember Daysog inquired what were the Recreation and Park Commission’s comments regarding the 72 hours and whether the 72 hours applied to a per-year basis. The Acting Recreation and Park Director responded the Recreation and Park Commission felt other activities would be impacted if any park activity shut down a park for 72 hours or more; a 72- hour use would be subject to more review than shorter-term uses. Councilmember Daysog inquired whether the 72-hour use would apply if a non-profit occupied different parks for eight-hour periods at different times of the year. The Acting Recreation and Parks Director responded said uses would be handled through the current one-day reservation process. Mayor Johnson inquired whether reservations for picnic areas would be included in the policy. The Acting Recreation and Parks Director responded picnic area reservations are handled through the one-day reservation process. Councilmember Daysog inquired whether the Lincoln Park and Franklin Park pool association responsibilities would change with the policy, to which the Acting Recreation and Park Director responded in the negative. Councilmember Daysog stated that the pool associations have a lease; inquired how the policy would affect the renewal of the lease. The Acting Recreation and Park Director responded the Council would have the option to extend the lease based upon the public service provided. Mayor Johnson stated lease renewals are issues that should come to the Council. Regular Meeting Alameda City Council February 21, 2006 7 Councilmember Daysog inquired whether the pool associations had an opportunity to weigh in on the long-term policy. The Acting Recreation and Park Director responded the pool associations and other groups were notified of meetings. Councilmember Daysog inquired whether the pool associations participated in the meetings, to which the Acting Recreation and Park Director responded in the negative. Councilmember deHaan inquired whether the pool associations could be contacted directly to ensure that the policy has been received, to which the Acting Recreation and Park Director responded in the affirmative. The City Manager stated that the preference is to bring the policy back to the Council as a resolution with suggested changes. Mayor Johnson requested that Council resolutions be added to the compliance checklist in staff reports. Councilmember deHaan stated he would like to receive feedback from others who might be impacted by the policy. Mayor Johnson stated staff could send a notice inviting participation in the process. (06-085) Adoption of Resolution Calling Upon Steps to Withdraw Our Reservists, Coast Guard Units and Members of the California National Guard Troops from Iraq. Not adopted. Proponents (In favor of Resolution): Mark Irons, Alameda; Diana Morrison, Alameda; Dorothy Kakimoto, Alameda; Mary Abu-Saba, Alameda; Tom Matthews, Alameda; Richard Hofmann, Alameda Democratic Club; Deborah James, Alameda; Kathryn Neale Manalo, Alameda; Paula Rainey, Alameda; Jasmine Tokuda, Alameda; Norah Foster, Alameda; Allen Michaan, Alameda; Neil Garcia-Sinclair, Alameda; Irma Garcia-Sinclair, Alameda; Carl Halpern, Alameda; Susan Galleymore, Alameda; Gretchen Lipow, Alameda; Pat Flores, Alameda; Michael John Torrey, Alameda; and David Teeters, Alameda. Opponents (Not in favor of Resolution): Richard Myshak, Alameda (submitted comments); Dr. Alice A. Challen, Alameda; and Robert Todd, Alameda. Mayor Johnson thanked the speakers for the courtesy and respect Regular Meeting Alameda City Council February 21, 2006 8 shown to each other and thanked Councilmember Matarrese for bringing the issue to the community for discussion. Councilmember Matarrese thanked the speakers and those who sent e- mails and letters; stated the initial notion was to bring the California National Guard home; personally he feels that the rest of the troops cannot be left behind; an exit is needed for all; that he is very glad that Ms. Morrison is back home and is honored by her presence; other Alamedans are in danger; the City is directly impacted and damaged by the policy being carried out; he understands that the Charter sets limitations on the City Council; the Charter does not limit speaking to higher governments; letters are written and resolutions are made when higher levels of government propose policies that would damage Alameda; Alameda’s presence was made known regarding the port of Oakland; a seawall broke due to a storm and high tides on Bay Farm Island; Federal Emergency Management Agency (FEMA) money was to pay for the repair; the federal government provides funding for Section 8 housing, highways, transportation, and the Base’s superfund cleanup; the federal government is saying there is no money; money is taken away from cities if the State receives less federal money; the Base impact is real and direct; Alamedans will pay for living on a sand bar when an earthquake occurs; simple and direct language is proposed for the resolution; Alameda is paying a price that is greater than the benefit; proposed the following resolution language: “WHEREAS, the costs have resulted in unprecedented Federal budget deficits, which directly impact and damage the State of California and Alameda.” Mayor Johnson stated that she does not think the community consensus is to have the Council speak on behalf of the City; she concurs that local levels are affected by federal issues; she does not mind communicating her concern regarding the level of the California National Guard and the ability to respond to local and State emergencies; she feels the resolution goes beyond that concern. Councilmember Daysog stated he had the opportunity to go to Washington, D.C. over the weekend; he was touched to see 50,000 names of people who paid the ultimate sacrifice; the Vietnam War was highly controversial and lasted longer than necessary; Council meetings are a place where ideas can be heard; the Vietnam Memorial might not have been necessary if towns voiced opinions earlier; City Councils need to make statements on issues of grave importance such as Iraq; the City of Alameda is steeped in history and proud of traditions, including the Base and individuals such as Jimmy Doolittle who became a World War II hero; he does not want the City of Alameda and the City Council to be like other Bay Area City Regular Meeting Alameda City Council February 21, 2006 9 Councils such as Berkeley, San Francisco, and Santa Monica; Alameda is a middle-of-the-road City; words need to be chosen wisely and carefully; the resolution goes beyond withdrawing the California National Guard from Iraq but also references certain politicos’ distain for President Bush and contributes to the vitriol between the far left and far right; politics should not drive how Alameda engages in discussions; the Council must serve all of Alameda and not just those most angered by President Bush; the Council should express appreciation for the armed services’ work, sacrifices, and commitment and pray for a safe and speedy return; everyone believes that having the troops back sooner and safer is best for all; Alameda has an opportunity to contribute in a way that is stripped of the far left and far right rhetoric. Vice Mayor Gilmore thanked everyone for having a calm discussion on a very difficult issue; stated some people will be dissatisfied regardless of tonight’s outcome; she would not like to have tonight’s discussion construed as not supporting the troops in Iraq; the troops deserve support and thanks; the troops are paying the ultimate price for the country’s ideals; concurred with Mayor Johnson regarding there not being a consensus within the community on the resolution; she has been persuaded by the eloquent speakers who spoke of how the City would need the National Guard, Coast Guard and reservists in case of an earthquake, natural disaster, or terrorist attack; the City Council has a responsibility to plan for disasters and ensure that everything is done to protect the citizens; she does not believe that the Council needs a consensus from the community to support a resolution to call the California National Guard home; she has a difficult time with the concept of the City Council passing a resolution calling for withdrawal of all troops from Iraq; she does not believe there is a consensus from the community to speak on the issue; she is trying to keep her personal opinion separate from her responsibility as an elected Councilmember; she is trying to represent all of Alameda, not just a portion. Councilmember deHaan apologized for having to leave the last Council Meeting due to a pinched nerve; stated many people were not proud of how long the Vietnam War lasted and how the veterans were treated upon return; a disproportionate majority of the veterans are being served by homeless shelters, soup kitchens and other aids; he did not think that he would be discussing Vietnam War issues when he ran for office; nothing is going to change the innocence lost from 911; the war in Iraq is troublesome; Katrina is a good example of not being prepared; he vowed that he did not want to get into a national level discussion when he ran for office; future money will not be available for the Base but is not the reason that the Base has not been conveyed; stated he will not Regular Meeting Alameda City Council February 21, 2006 10 support the resolution. Councilmember Daysog stated that he put together an alternate resolution that references his opening statement regarding offering prayers for a speedy and safe return of the troops; read the operative sections of the alternate resolution; stated the two resolutions differ in that his resolution does not reference Congressman Murtha’s or Assembly Member Hancock’s highly partisan tones; concerns can be conveyed in words that are more carefully and wisely chosen. Councilmember Daysog moved adoption of the alternate resolution. Councilmember Matarrese stated that the alternate resolution does not ask or demand anything; a request needs to be made to have the National Guard return home and a timetable provided for withdrawal of the rest of the troops; the burden increases as the situation continues; he understands looking at history for an appreciation and lessons learned; the Base has not been conveyed because of haggling over the remediation costs; he is willing to strike references to Congressman Murtha and Assembly Member Hancock from the resolution. Vice Mayor Gilmore concurred with Councilmember Matarrese regarding asking for something in the resolution; stated Council has the purview to call the California National Guard home; the California National Guard has been abused and needs to come home for California’s safety and security; she is not willing to support a resolution calling for the withdrawal of all troops. Councilmember Matarrese proposed striking out partisan references [in the original resolution]; stated language regarding a timetable meets the intent of what the City needs; reaching a consensus on the issue is impractical; he thinks the majority of the citizens are in favor of bringing troops home and understand the need; consensus is a strong word; leading with the majority is sometimes necessary instead of driving for consensus. Vice Mayor Gilmore stated the majority of the people in attendance are in favor of the resolution; the majority of e-mails and phone calls she received were against the resolution; she is not bothered by not having a majority agree to bring the California National Guard home because the Council’s role is to prepare for a natural disaster or terrorist attack. Councilmember Daysog restated his motion to adopt the alternate resolution. Regular Meeting Alameda City Council February 21, 2006 11 Councilmember deHaan seconded the motion. Councilmember deHaan stated that some Councilmembers have endorsed some of the State resolutions; he has some major concerns with moving one step forward at the local level. On the call for the question, the MOTION FAILED by the following voice vote: Ayes: Councilmembers Daysog and deHaan – 2. Noes: Councilmembers Gilmore, Matarrese, and Mayor Johnson – 3. Mayor Johnson CONCURRED with Vice Mayor Gilmore’s comments regarding the Council not being misconstrued as not supporting the troops; stated a resolution should ask for something. Councilmember Matarrese stated that a past Council made a more controversial resolution supporting a multi-lateral versus unilateral approach to Iraq three years ago; a fiscal disaster exists which is as real as a natural disaster. Councilmember Matarrese moved adoption of the resolution striking references to Congressman Murtha and Assembly Member Hancock. Vice Mayor Gilmore inquired whether the language “immediate stops to establish a date and timetable to withdraw U.S. troops” would remain in the resolution, to which Councilmember Matarrese responded in the affirmative. Mayor Johnson stated the MOTION FAILED due to lack of a second. Mayor Johnson expressed her appreciation to everyone attending the meeting and to Councilmember Matarrese for bringing the issue to the community for discussion. Councilmember Matarrese inquired whether a second would be given to his motion if the language “...withdraw U.S. troops” was deleted. Vice Mayor Gilmore responded in the affirmative; stated she is comfortable in requesting that the California National Guard return home; national level discussions are more difficult. Councilmember Matarrese amended his motion to adopt the resolution striking references to Congressman Murtha and Assembly Member Hancock; keeping the focus on the California National Guard, and replacing “...withdraw U.S. troops” with “...withdraw California National Guard troops.” Vice Mayor Gilmore seconded the motion. Regular Meeting Alameda City Council February 21, 2006 12 Councilmember Daysog stated the language as amended still includes military logistics that go beyond the scope of the City Council; the resolution is another contribution to the level of rancor between the far left and far right. Vice Mayor Gilmore requested clarification on how the amended resolution would read. Councilmember Matarrese responded that the paragraph referencing Congressman Murtha and Assembly Member Hancock would be removed; the second to the last paragraph would read: “NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda calls upon the President, Congress and the Governor of California to take immediate steps to withdraw the California National Guard.” Mayor Johnson stated she has no problem in stating that adequate California National Guard levels are needed here to deal with emergencies and disasters, which is different than the proposed language; the community does not want the Council to speak about withdrawing all troops from Iraq; maintaining adequate levels of the California National Guard is different; State and local governments have been left at risk. Councilmember Daysog stated the key phrase in the resolution is ... “to take immediate steps to establish a date and timetable to withdraw U.S. troops”; he is not a military logistics planner; the best he can do is to offer prayers for a safe and speedy return. On the call for the question, the MOTION FAILED by the following voice vote: Ayes: Vice Mayor Gilmore and Councilmember Matarrese – 2. Noes: Councilmember deHaan and Mayor Johnson – 2. Abstentions: Councilmember Daysog – 1. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL COMMUNICATIONS (06-086) Consideration of Mayor’s nomination for appointment to the Planning Board. Mayor Johnson nominated Marilyn Ezzy Ashcraft for appointment to the Planning Board. (06-087) Councilmember deHaan stated that he attended the Catellus workshop; approximately 40 people attended; concerns were expressed regarding properly utilizing the waterfront; at least 1 million Regular Meeting Alameda City Council February 21, 2006 13 square feet of retail space is planned; developers should be advised of what the community wants and needs; the City does not have to take whatever is being offered anymore; he is concerned with the first-come-first-serve philosophy; stated he was one of the strongest advocates in allowing South Shore to be developed to full potential; he has problems with South Shore wanting more space and all pieces of the pie. Mayor Johnson inquired whether Catellus has made formal applications to change entitlements. The City Manager responded the City is in negotiations with Catellus; stated Catellus is going through a public input process. Councilmember Matarrese stated that Catellus was conducting the public process. Mayor Johnson stated the public should be aware that the Catellus and Del Monte projects are not a done deal. Councilmember Daysog suggested spending $20,000 to $25,000 on a statistically valid survey of 900 residents to get a sample of the City’s thoughts regarding retail needs. (06-088) Councilmember Matarrese stated a portable “Cigarettes Cheaper” sign has been placed in the landscaping off of the Park Street Bridge before Blanding Avenue. (06-089) Councilmember Matarrese stated an AC Transit Inter-Agency Liaison Committee meeting was scheduled for tomorrow; he has requested information regarding the Emery-go-Round in the past; requested that the City Manager obtain information on the operating costs, routes, etc. from the City of Emeryville if information is not provided at the meeting tomorrow; a similar system could be a good mitigation factor for congestion caused by development. Mayor Johnson suggested obtaining information on the City of San Leandro shuttle. Councilmember Matarrese stated Emery-go-Round is fare box free and is very effective. Councilmember deHaan stated that the San Leandro shuttle is fare box free also; transportation funds were used for the service. Councilmember Matarrese noted information should be obtained on the Humphrey-go-Bart shuttle services operated by the University of California, Berkeley. Regular Meeting Alameda City Council February 21, 2006 14 (06-090) Vice Mayor Gilmore stated that residents living near business districts have an issue with litter being left from fast food restaurants; a resident sent her a link to a newspaper article regarding Oakland imposing a mandated City fee on business owners for trash pickup; stated she is not suggesting imposing a similar fee but that Council should review the strategy. (06-091) Councilmember Daysog requested information on fire inspection costs which he requested in the past. The City Manager stated that she would provide Councilmember Daysog with a copy of the fee structure. (06-092) Councilmember deHaan stated that signs were posted throughout the City to buy merchandise at a home on Valentine’s Day; he feels that doing so is pushing the envelop to the extreme; stated that Kentucky Fried Chicken near Park Avenue smells of well- cooked oil; newly constructed restaurants have scrubbers for ventilation; requested staff to review how the odor can be remedied. Mayor Johnson inquired whether the City could adopt an ordinance requiring more filters. Vice Mayor Gilmore suggesting reviewing whether another entity regulates the issue. (06-093) Mayor Johnson stated issues have been discussed at Youth Collaborative meetings regarding the youth in the community; suggested that the Council consider forming a Youth Advisory Council or have youth representatives on to certain boards and commissions; volunteer opportunities are available for students, but paying job opportunities are scarce; the Golf Course had a policy regarding not hiring students under eighteen years old in the past; the policy has changed so that 16 year old students can be hired; suggested that the matter be placed on a City Council agenda. (06-094) Mayor Johnson inquired whether anything was being done regarding the fire cleanup at Central Avenue and Park Street. The City Manager responded that the Planning Director was working on regulatory remedies. Mayor Johnson stated that blight has lasted for many years in the downtown district. Regular Meeting Alameda City Council February 21, 2006 15 (06-095) Mayor Johnson stated that a Councilmember Reporting section should be added to the agenda to allow Councilmembers to report on conferences and meetings. Councilmember deHaan stated that the section could be added under Communications and could include the City Manager. Mayor Johnson stated that other Department Heads should be included also. (06-096) Mayor Johnson stated that she recently attended the U.S. Conference of Mayors in Washington, D.C.; the Conference includes cities with populations higher than 40,000; power, Base, and Housing Authority issues are very impacted by federal statues and policies; the federal government is trying to turn over franchising telecommunications to the State rather than local governments; stated that she is on the Economic Development and Housing Subcommittee as well as Electric Power Subcommittee. ADJOURNMENT (06-097) There being no further business, Mayor Johnson adjourned the Regular Meeting at 10:52 p.m. in a moment of silence with thoughts and prayers that all service members in Iraq are safe and come home as soon as possible. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act.