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2003-07-22 Special CC MinutesMINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -JULY 22, 2003- -5:00 P.M. Mayor Johnson convened the Special Meeting at 5:10 p.m. Vice Mayor Daysog led the Pledge of Allegiance. Roll Call - Present: Councilmembers Daysog, Kerr, Matarrese and Mayor Johnson - 4. Absent: None. Agenda Item (03 -355) Process for filling vacancy in Council Office pursuant to Charter Section 2 -7(c). Mayor Johnson stated that pursuant to the Charter [Section 2 -7(c)] vacancies shall be filled by the Council within sixty days; the packet of information provided to Council includes the Alameda County Board of Supervisors application form and process, the City of Alameda Board and Commissions application form, and the process used for filling a Council vacancy in 1987; the Charter does not specify a process for filling a Council vacancy; the process should be as inclusive as possible; requested the process include creating a City Council application form to allow anyone interested to apply, holding a special meeting to conduct interviews and holding a subsequent meeting to vote; requested that the applications be made available to the public by Thursday, July 24; suggested Council go through and review the County's application form. The City Manager inquired whether Council would like to interview all applicants. Mayor Johnson stated interviews would be conducted at a special meeting to keep from interfering with other business. The City Manager inquired when Council would like to hold the special meeting. Mayor Johnson stated the time frame she would suggest is to allow applications to be picked up on Thursday, July 24 and have the deadline for submitting applications be Friday, August 1; the first special meeting could be scheduled the following week and the second meeting could be scheduled when Councilmember Matarrese is in town. Councilmember Kerr stated the meeting tonight was called after media deadlines; the matter should be as well publicized as Special Meeting 1 Alameda City Council July 22, 2003 possible; Council should let everybody know about the process and timelines; having applications due in a week and a half does not allow sufficient time; suggested a longer time for people to submit applications; noted that the Charter does not include the process for filling Board and Commission vacancies; stated the Mayor's nomination of Board and Commission members has been habit [past practice]; having the Mayor nominate to fill an empty Council seat refers back to the 1987 process, which was a disaster; suggested the process involve a slate to be considered by the Council and anyone receiving three votes moves on to the next round; one person on the Council should not have veto power over who will be considered. Mayor Johnson stated the appointment requires three votes; the application process does not allow Councilmembers to pick names out of their own hat; the process is different from 1987, when there was no application process; Councilmembers will be limited to the list of applicants. Councilmember Kerr stated the process gives the Mayor or a Councilmember absolute veto power if applicants can only be considered from one Councilmember making a nomination. Mayor Johnson stated the process has been the past practice in Alameda; changing the process would be a substantial change from the way the City does business; the process differs from the County, which does not have a directly elected president of its Board; the process should be set because Council wants to make an appointment in order to meet the Charter [sixty day] requirement which is September 1. Vice Mayor Daysog stated that Councilmember Kerr has concerns with the Mayor making nomination; the middle ground might be to allow each Councilmember to put one or two names in the hopper; then, the Mayor can make a nomination from the list of names in the hopper. Mayor Johnson inquired whether Vice Mayor Daysog is proposing that each Councilmember submit a certain number of names to narrow the pool, to which Vice Mayor Daysog responded in the affirmative. Councilmember Matarrese stated the public should be involved in the process; suggested that applicants provide a statement of qualifications; stated when an incumbent does not file nomination papers for reelection, there is only one week time for people to file; one week is probably sufficient time [for submitting applications]; suggested that the Mayor open nominations and ask for nominations from Councilmembers. Special Meeting 2 Alameda City Council July 22, 2003 Mayor Johnson stated the past practice of the City is that the Mayor nominates; the proposal is to follow past practice; rather than using the standard Board and Commission application, more information should be included on the form to provide more information to the public; noted the election process involves candidate forums. Councilmember Kerr noted that the Mayor did not make a nomination to a Finance Committee appointment; stated the nomination process is not written anywhere; that she is concerned about one person on the Council having total veto power over having a person being considered by the Council; the election process, which is a free - for -all, is being replaced; the process [of filling a Council seat] is very different from appointing a Board or Commission member; the process should be as wide -open as possible. Mayor Johnson stated the process would be open; in 1987, the process did not involve having a pool of applicants; the entire Council will be limited to the people who apply; there will be two sessions: one to interview all applicants and one session to conduct voting. Councilmember Kerr stated that she objects to the Mayor having total veto power over whether an applicant is considered by the Council. Vice Mayor Daysog stated that he supports preserving Mayoral prerogative over nominations; the challenge is to create a process which preserves Mayoral nominations, while being flexible enough to allow for Councilmembers to make nominations as well; suggested that Mayor make the first three nominations; if the Mayor's first three nominations are not supported, the Vice Mayor could make a nomination, Councilmember Kerr, with seniority on Council, could make a nomination, Councilmember Matarrese could make a nomination and then it would rotate back to the Mayor. Mayor Johnson stated there is a history of the process that has been followed by the City in the past; the process will be as open as possible; each Councilmember could submit a certain number of names after the interview session. Vice Mayor Daysog stated said process could be used to narrow the pool; Council could follow Councilmember Matarrese's suggestion to have the Mayor nominate the first three or four. Councilmember Matarrese stated a more straightforward process would be to have the Mayor open nominations, ask for nominations from Councilmembers, close the nominations, and then Council could vote; Special Meeting 3 Alameda City Council July 22, 2003 Councilmembers have not expressed support for the previous [1987] process; there should be Mayoral prerogative for appointment of Board and Commission members; however, the Council vacancy process is different; residency and voter registration should be checked after applications are submitted. Mayor Johnson stated that she does not want the nomination process to be chaotic; the process would still depend on the Mayor acknowledging the next Councilmember to make a nomination; said process was probably used in 1987 and the Mayor just did not give anyone else an opportunity to make a nomination; if Councilmembers are more comfortable, Council does not need to specify the nomination process; the meeting could just be conducted the same as all City Council meetings, with the Mayor acknowledging Councilmembers; inquired whether Council desired to review the County's application. Councilmember Kerr requested that Council address the application deadline. Mayor Johnson stated applications could be due next Friday to allow Council to hold a special meeting the following week; noted Councilmember Matarrese would be gone the week after the special meeting; stated another option would be to have the applications due later and hold a meeting the same week applications are due; suggested the application deadline be moved to Monday, August 4. Councilmember Kerr concurred with the Monday deadline; noted the newspapers need time to announce the vacancy. Mayor Johnson stated the applications could be due Monday, August 4 and a special meeting could be held the same week. Councilmember Kerr inquired whether everyone would be available Thursday, August 7, to which the Council responded in the affirmative. Councilmember Kerr suggested the meeting be held Thursday, August 7. Mayor Johnson inquired whether there would be sufficient time to review applications prior to the special meeting. The Council came to consensus that having the applications submitted by 5:00 p.m. on Monday, August 4 would provide sufficient review time prior to the August 7 special meeting at 7:30 p.m. Vice Mayor Daysog stated the most important issue is to preserve Special Meeting 4 Alameda City Council July 22, 2003 Mayoral prerogative. The City Manager inquired whether the Council would interview all applicants on August 7. Mayor Johnson suggested the interview meeting date be included on the application form. Mayor Johnson inquired whether the date for the second special meeting should be set tonight, to which the City Attorney responded in the affirmative. Councilmember Matarrese suggested a time limit be placed on answering interview questions; stated applicants could be provided three - minutes to make a statement; suggested the order of interviewing applicants be random; stated applicants should not get to comment on previous applicants statements. Mayor Johnson stated the County Board of Supervisors did not allow applicants into the room until after their interview and the Board had preset questions; suggested Council create preset questions; stated all applicants should answer the same five questions; Councilmembers would also have the opportunity to ask other questions. Vice Mayor Daysog inquired whether the public would have the opportunity to participate at the special meetings. Mayor Johnson stated the special meetings would have the same public comment period as regular meetings. The City Manager suggested scheduling the public comment period after interviews are completed. Mayor Johnson inquired whether Councilmembers would like to create preset questions. Vice Mayor Daysog suggested each Councilmember submit one to two interview questions to the City Clerk by the end of the day tomorrow. The City Manager stated information would be placed on the City's website and scrolled on the government channel to get the information to the public. Councilmember Matarrese requested the application form be available on the website. Special Meeting 5 Alameda City Council July 22, 2003 Mayor Johnson inquired whether the County's question about voting in the previous election should be included, to which the City Attorney responded voting in prior elections has never been a criteria for election; although Council candidates must be able to vote, physically voting is not a requirement; said criteria could be added. Vice Mayor Daysog stated asking whether the person voted shows their commitment to the community; noted the specific party and vote is not being asked. The City Attorney suggested that the Council review the County application. Mayor Johnson stated references to District 3 or Alameda County should be changed to the City of Alameda. Councilmember Kerr stated the application should include how long the applicant has lived in Alameda. Councilmember Matarrese noted the County's last three questions [under Statement of Interest] are good questions. Vice Mayor Daysog suggested the applications be made available to the public after all applications have been received. Councilmember Kerr suggested that Social Security numbers be excluded from the application. Mayor Johnson stated the applications should include a statement that the applications will be made available to the public the morning following the submission deadline. Councilmember Matarrese stated the policy is inconsistent with the election filing procedure. The City Attorney stated the applications could be submitted in a sealed envelope to be opened by the City Clerk after the deadline; unless applications are in sealed envelopes, the application is considered public record at the time it is received by the City Clerk. Mayor Johnson stated the applications would be public unless the Council requires that the applications be submitted sealed. Councilmember Kerr suggested that birth date information be considered optional. Special Meeting 6 Alameda City Council July 22, 2003 Vice Mayor Daysog inquired whether applicants should be allowed to include letters of support with the application. The Council agreed to allow letters. Mayor Johnson stated the application should be clear that applicants may attach references, letters of recommendation or any other additional information. Vice Mayor Daysog suggested that a statement be added indicating that the Council's decision will be final. The City Attorney inquired whether Council would like to consider applications submitted by applicants who are unable to attend the August 7 meeting, to which the Council responded in the affirmative. Mayor Johnson inquired whether Council could set the date for the second meeting to allow the date to be included on the application. The Council expressed consensus to hold the second special meeting on Tuesday, August 26 at 7:30 p.m. The City Manager stated staff would provide Council with draft meeting minutes and the revised application by Friday July 25. Vice Mayor Daysog suggested creating a Charter Review Committee to clean up the Charter in areas that need clean up; for example, Charter Section 3 -4 [three vote requirement] was discussed last week, the School District is concerned about Council involvement in the appointment process of the School District officials, and the library; suggested that Measure A be addressed separately. Mayor Johnson stated said matter would need to return to Council for direction to staff at a future meeting; noted that the School Board is still a City of Alameda Board under the Charter; the School District has a vindicated interest in cleaning up that matter too; Vice Mayor Daysog's suggestion is good. Vice Mayor Daysog moved adoption of the process discussed to have the appointment process start with the Mayor opening up the nomination process and exercising her prerogative as Mayor in the process of running meetings. Councilmember Kerr requested clarification. Vice Mayor Daysog stated either the Mayor will be the first person to nominate somebody and if there is a second, fine [there will be Special Meeting 7 Alameda City Council July 22, 2003 a vote]; if there is not a second, the Mayor could acknowledge a Councilmember to make a nomination; inquired whether Councilmember Matarrese's idea was conveyed correctly. Councilmember Matarrese stated that he was suggesting that the nominations be opened and Councilmembers be recognized by the Mayor; there would be no seconds or discussion; the Mayor would direct traffic; after the Mayor closed the nominations, the nominees would be listed and the Council would vote on the slate of nominees. Mayor Johnson stated people should be nominated and if seconded, there should be a vote. The City Attorney stated that she understands that this is an alternate process to limit the field of applicants; inquired whether at the start of the meeting, individual Councilmembers would nominate people and the Mayor would pick from said people. Mayor Johnson stated a narrowing down process was not proposed; the process would be after a nomination and, if seconded, there would be a vote; Council would follow the normal course of doing business; Councilmembers would be recognized to make a nomination as Council normally conducts business. Councilmember Matarrese stated that his proposal was to have a process to move applicants to the status of nominee; every Councilmember would get to indicate the people they would like to choose [as nominees]. Mayor Johnson stated the process seems difficult; if there are not three votes on any of the nominees and the pool was narrowed down to four applicants, the whole process would have to be reopened again; the entire pool [of applicants] should be considered and the Council can nominate and vote as needed. Councilmember Matarrese noted the danger of not getting three votes for someone exists under either process. Mayor Johnson inquired what would happen if the pool were limited to four at the beginning and no one received three votes, to which Councilmember Matarrese responded the nominations would be reopened. Councilmember Kerr stated each Councilmember should get to nominate their first choice, if three people do not [vote in] support [of] the choice, then the Council would go around again. Special Meeting 8 Alameda City Council July 22, 2003 Mayor Johnson stated that she does not like the idea of a short list, especially at the beginning of the process. The City Manager stated Council scheduled two meetings; on August 7, Council intends to interview all applicants; at the second meeting, the Council intends to make a decision; Council is addressing the second meeting; staff needs to capture Council's direction. Councilmember Matarrese stated as long as each Councilmember has an opportunity to nominate someone, however it is done is acceptable. Councilmember Kerr stated Councilmember Matarrese's point is important; suggested each Councilmember could nominate one person and if nobody gets three votes, Council would move on [to a second round of voting]; that her idea was to have anyone that gets three votes move to a second round to narrow down each round until there is only one person left getting three votes. Vice Mayor Daysog stated that his review of Charter Section 3 -4 led to review of the resolution setting procedures for Council meetings; there is a section within the resolution that precludes said type of voting. Mayor Johnson stated the simplest process is to follow the way Council normally conducts meetings; nominations will be made; the Mayor will acknowledge Councilmembers to make nominations. Councilmember Matarrese inquired whether Mayor Johnson is proposing a nomination and second, to which Mayor Johnson responded in the affirmative; stated Council would vote if there were a second. Councilmember Matarrese requested that Vice Mayor Daysog restate the motion. Vice Mayor Daysog moved approval of an open voting system whereby the first individual receiving three votes would get the position. Councilmember Matarrese clarified [the first person to receive three votes] by a nomination and a second [would be selected Councilmember]. Vice Mayor Daysog clarified that the motion includes appointment via nomination and a second; further stated the motion includes: 1) that the voting will take place at the second meeting [August 26], 2) the first meeting will occur on the date specified [August 7] and 3) approval of all the specified corrections [to the application]. Special Meeting 9 Alameda City Council July 22, 2003 Mayor Johnson stated the meeting dates should be included [on the application form]. Vice Mayor Daysog concurred with said addition to the motion. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 4. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Special Meeting at 6:10 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting 10 Alameda City Council July 22, 2003