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1997-05-20 Minutes135 SPECIAL MEETING OF THE CI Y COUNCIL TUESDAY - MAY 20, 1997 - 7:10 P.M. Mayor Appezzato called the meeting to order at 7:10 p.m. ROLL CALL - PRESENT: Councilmembers Daysog, Kerr, Lucas, Vice Mayor DeWitt and Mayor Appezzato -5. ABSENT: None. Mayor Appezzato adjourned the meeting to Closed Session to address the following: (97-266) CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Personnel Director Employee Organization(s): Alameda City Employees Association - ACEA Alameda Fire Managers Association - AFMA Alameda Management and Confidential Employees Association - AMCEA Alameda Police Managers Association - APMA Alameda Police Officers Association - APOA International Association of Firefighters, Local #689 - IAFF International Brotherhood of Electrical Workers, Local #1245 - IBEW United Public Employees Association #790 (Police Technicians) - SEIU Unrepresented Employees (Bureau of Electricity) Management, Supervisors, Professionals and Technicians Housing Authority Miscellaneous Employees Housing Authority Unrepresented Managers - Confidential Following the Closed Session, Mayor Appezzato announced that Council gave instructions to the City Negotiator, and no action was taken. There being no further business before the City Council, Mayor Appezzato adjourned the Special Meeting at 7:30 p.m. Respectfully submitted, D ANE B. FELSCH, CMC City Clerk The Agenda for this meeting was posted in accordance with the Brown Act. Minutes of the Special City Council Meeting May 20, 1997 186 MINUTES OF THE REGULAR COUNCIL MEETING TUESDAY - - - MAY 20, 1997 - - 7:30 P.M. Mayor Appezzato called the meeting to order at 7:45 p.m. Roll Call - Present: Councilmembers Daysog, Lucas, Kerr, Vice Mayor DeWitt and Mayor Appezzato - 5. Absent: None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY (97-267) Proclamation Declaring the Stand for Healthy Children Day. Mayor Appezzato read the Proclamation declaring June 1, 1997, "Stand for Healthy Children Day". CONSENT CALENDAR Mayor Appezzato announced that the following items were pulled from the Consent Calendar for discussion: Report on Undergrounding of Utilities and Report on Transportation Fund for Clean Air Projects. Councilmember Lucas moved approval of the remainder of the Consent Calendar. [Items so approved are indicated by an asterisk preceding paragraph numbers] Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (*97-268) Minutes of the Special and Regular City Council Meetings held on April 15, 1997. Approved. (97-269) Report from Public Utilities Board recommending to eliminate one year's contribution to the Undergrounding Reserve Fund of the Bureau of Electricity. Don Roberts, Alameda, stated if the Bureau of Electricity had abided by the City Charter, not gone into any other business except electricity and not made the decision to contract for long-term issuance of electricity and spent either $2 or $3 Million to get out of that contract, it would not need to make adjustments to its budget. Councilmember Lucas stated that she does not want to lose the one- year contribution for undergrounding; most of the undergrounding was done in the East End in the higher income neighborhoods; the lower-income neighborhoods need undergrounding more; and she Minutes of the Regular City Council Meeting May 20, 1997 1 inquired whether there were any alternatives. 97 In response to Councilmember Lucas, the Acting General Manager of the Bureau of Electricity stated there is approximately $600,000 in cash and undergrounding will continue; funds on hand, are included in the Bureau's budget each fiscal year; the Public Utilities Board considered a reduced capital expenditure plan, deferred all capital projects except those that are necessary to health and safety, and deferred programs which are not mandated; and staff reviewed proposals and will be presenting an additional list to the Board at its May 29th meeting. In response to Mayor Appezzato's inquiry regarding the amount of revenue lost due to the closure of the Naval Air Station, the Acting General Manager stated the Bureau received $1 Million a month before closure, and now receives approximately $300,000 or $400,000 a month. In response to Vice Mayor DeWitt's inquiry whether the Bureau would note it owes the City funds, the Acting General Manager stated they would certainly note Council's desire that the Bureau make up the contribution; and due to deregulation, there would be a lot of changes in the next few years. Ken Hansen, President, Public Utilities Board, stated the decision [recommendation] was not taken lightly; undergrounding is a very necessary project; deregulation requires certain switches in revenues; and, to his knowledge, the Bureau is operating in accordance with the City Charter. The City Attorney stated the Bureau of Electricity is operating within the Charter. Councilmember Lucas moved [approval of] "the recommendation and Vice Mayor DeWitt's suggestion that annual contributions be reconsidered at more prosperous times." Councilmember Kerr seconded the motion. Under discussion, Councilmember Kerr stated that she wanted to reinforce that undergrounding is a very important function for Alameda's older neighborhoods. Mayor Appezzato concurred. On the call for the question, the motion carried by unanimous voice vote - 5. (*97-270) Report from Chief of Police regarding Assembly Bill 207 (Frusetta). Approved. Minutes of the Regular City Council Meeting May 20, 1997 188 (*97-271) Report from the Finance Director recommending that Council set a Hearing for Establishment of Prop 4 Limit for 1997- 98 for June 17, 1997. Approved. (97-272) Report from the Public Works Director recommending authorization to apply for Transportation Fund for Clean Air (TFCA) Projects. Councilmember Daysog stated that he pulled the report off the Consent Calendar for discussion; he supports the West Alameda Webster [Street] Super Shuttle Program, as well as the other programs for consideration; and has a few questions. In response to Councilmember Daysog's inquiry regarding the Bureau's EV Model City Program, the Acting General Manager stated that an electric bus system--a shopper shuttle which would interface with other modes of electric vehicle transportation--is included in the EV Model City Program; and the proposal has not been considered by the Public Utilities Board [PUB], although the concept has been endorsed by the Council, PUB and the Alameda Reuse and Redevelopment Authority. Councilmember Daysog stated that he is concerned about duplication of effort and resources. The Acting General Manager stated the Bureau works closely with the Public Works Department on transportation-related matters. In response to Councilmember Daysog's inquiry regarding funding for a shuttle, the Public Works Director stated the City did not have the ability to apply for a shuttle following the Council action of March 18th; that the City is now applying for funding for the shuttle project, however, under Bay Area Air Quality Management Board's rules and regulations, a shuttle project does not rate very highly; and if the project comes close in competition next year, the City will reapply for funding. Councilmember Daysog stated that he is disappointed the City lost $60,000 due to the March 18th decision. In response to Councilmember Lucas's inquiry whether the Coast Guard was asked if the proposed 20 hydrocrafts can be used in the Estuary, the Public Works Director stated that he would report back on the matter; that hydrocrafts have been in use in many locations including Florida; and the Port of Oakland would be a co-sponsor of the project. Councilmember Lucas stated that she has safety concerns regarding hydrocrafts: peddle boats. The Public Works Director stated the concessionaire would be Minutes of the Regular City Council Meeting May 20, 1997 required to provide insurance; if weather and/or water conditions were poor, the hydrocraft would not be in operation. Councilmember Lucas stated that she is not sure how much sense the project makes as a public transportation item, and she would like information on the State of Florida's experience, e.g. age restrictions, experience requirements, etc. Mayor Appezzato stated that he had to agree with Councilmember Lucas on the matter, more information on the type of craft under discussion should be provided, and that Council could move on the other projects and hold the hydrocraft project in abeyance until information is received on the liability issue. The Public Works Director stated due to a May 30 application deadline, he would suggest that Council give authorization to staff to apply for all of the projects and direct staff to report back at the next meeting on Council's concerns. Councilmember Kerr stated the Estuary is a place where one must really know the rules of the road, the hydrocraft looks top heavy, and the staff report should come back with input from the Coast Guard. Kerr further commented that tax monies do not always come back from Sacramento in a way that would be Council's first choice for spending citizens' money. Mayor Appezzato stated the City should get the stamp of approval from the Coast Guard. Councilmember Daysog stated a shuttle program should be looked at as a business development tool for Park and Webster Streets and as a mitigation measure for traffic impacts related to the development of the East Housing and FISC Area; that developers could pay perhaps, in part, for a shuttle program; and possibly there could be a committee on a shuttle service for the City as a whole, and input from the Economic Development Commission and Mayor's office on bringing all the players together. Councilmember Lucas moved approval of the recommendation and directed the Public Works Director to report back on the hydrocraft issue, which should include input from the Coast Guard. Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5. (*97-273) Report from Public Works Director recommending adoption of the Plans and Specifications and Calling for Bids for I-880/23rd Avenue Offramp Improvements, No. P.W. 05-97-10. (*97-274) Resolution No. 12879, "Authorizing the City of Alameda to Apply for California Defense Adjustment Matching Grant for Main Minutes of the Regular City Council Meeting May 20, 1997 Street Corridor - Roadway Improvements and Linear Park Construction Project." Adopted. (.*97-275) Resolution No. 12880, "Resolution of Intention to Levy an Annual Assessment on the Alameda Business Improvement Area of the City of Alameda for FY 1997-98 and Setting Public Hearing for June 3, 1997." Adopted. (*97-276) Ratified bills in the amount of $3,129,821.69 REGULAR AGENDA ITEMS (97-277) Report from Historical Advisory Board recommending Council consider establishing a Committee to coordinate the observation and commemoration of the California Sesquicentennial from January 1, 1998 to December 31, 2000. Councilmember Kerr inquired whether there was any way to coordinate the committee with the business organizations. Mayor Appezzato stated the committee should include Susan McCormack and members of the business districts; that Council could "move" to go forward [with proposal], request Ms. McCormack and City staff to get an interested group together, direct that no City funds be committed unless there is a valid reason, and that staff report back with a group and a plan on what they envision and how the business groups will participate. Councilmember Lucas stated the City should not commit any City funds at this point; if the group is successful, they could do fundraising. Mayor Appezzato stated the matter could be investigated further by Susan McCormack with the help of the Historical Advisory Board and Business Districts. Vice Mayor DeWitt moved that the Council consider establishing the Sesquicentennial Committee based upon Council's comments. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-278) Report from Community Development Director recommending continued participation in the Alameda County Lead Poisoning Prevention Program. (Carried over from the May 6, 1997 Council Meeting) Steve Schwarzberg, Director, Alameda County Lead Poisoning Prevention Program, stated he was present to request Council to continue the Program for at least one more year. Minutes of the Regular City Council Meeting May 20, 1997 Jack Buckley, Pastor, representing Alameda Ministerial Association, spoke in favor of the program. Gerald Smith, representing Assemblytan Don Perata's Office, spoke in support of the Program. Alan Derr, Alameda, stated that he was opposed to the program for several reasons, questioned why Alameda participates when no one in the City can use it, and commented that the Authority meets three times a month which appears to be excessive and should be looked at if Program is extended. Nancy Rodgers, Alameda, President, Alameda Association of Realtors, stated that it is the only disclosure that is part of a contract and not considered an addendum item, and the Program has been invaluable as a resource. Carolyn Vance, Program Director, Alameda Head Start, stated that the Program has been an incredible benefit and helpful. Jerry Stough, Chair, Alameda Girls Scouts, stated that the Cadet Troop has worked with the organization in passing out kits; the organization benefits the City; and she urged the Council to extend the Program for three more years. Lois Pryor, Alameda, urged the Council to renew the Program because of the number of small children living in older homes. Jim Franz, Alameda, stated that the Program is providing a safety factor and working for the well being of children. Ben Lopez, Alameda, urged the Council to approve the Program. Diane Coler- Dark, Alameda, stated that the Program is not needed in the City of Alameda and is a door tax. Joe Castro, Alameda, stated that the Program should be supported because it is for children. Lit Arnerich, former Alameda Councilmember, stated that the Program is badly needed and should be supported by Council. Councilmember Lucas stated the Program is another government program, it receives $250,000 per year from Alamedans, taxpayers are paying for the Program with dubious benefits, and she will not support it. Councilmember Kerr stated that she has concerns regarding the Program: financing was realigned because of Proposition 218 [The Right to Vote on Taxes Act, passed in Nov. 1996], -2) the Program is not generally available to everyone, and the matter did not go to Minutes of the Regular City Council Meeting May 20, 1997 the voters; she has suggested, as an alternate member to the Authority, that Grants be used to get into an insured loan program which reviews commercial money and commercial insurance firms to make the actual lead abatement more widely available and the $10 Dwelling Unit Tax eligible for Prop 218 spending for lead abatement itself; that AB 491 is working itself through Sacramento and will probably control requirements for lead abatements in rental property; and she would like the Program tried for one more year [not three years] to see if it can be changed to meet the challenges of AB 491. Councilmember Daysog stated it appears the Program is needed and desired, he supports the Program and would like it continued for three years, the City's returns are greater than what it puts in, and so moved. Vice Mayor DeWitt seconded the motion. Under discussion, Vice Mayor DeWitt stated that he chose to support the Program because the economics, with regard to actual work done to eliminate lead, indicate the City gets more back than pay-7 out; Grant monies can be made available; he is worried that mandated programs will require apartment house owners to do abatement without funding; and he believes the City needs the Program as insurance and for the health benefits it provides. Councilmember Kerr stated that AB 491 may create a tremendous demand; the Program in its present form will not meet those demands; and that is why she wants to give the Program a one-year shot to change. Vice Mayor DeWitt stated they will need to work with the State in regard to assistance for property owners; and that he would like to work on eliminating the number of Authority meetings per month. Councilmember Lucas stated Alameda homeowners do not want to fund the remediation for rental property owners. Councilmember Kerr responded one of her objections is that enforcement is on rental property owners only; enforcement should be on homeowners also if any enforcement takes place. Councilmember Lucas stated that, at this point, there is no reason to support private business in the rental industry. Mayor Appezzato inquired if the motion could be amended: that if AB 491 impacts Council's action tonight, Program Director Mr. Schwarzberg and staff report back and readdress the Program. Councilmember Daysog stated he agreed to the proposed amendment. Minutes of the Regular City Council Meeting May 20, 1997 Nancy Rogers, Alameda Association of Realtors, stated that she does not believe AB 491 will get through this year insofar as issue as it relates to landlords, if any lead is found in a tenant's apartment, the landlord would be responsible for moving the tenant out and paying for tenant's transportation, food and housing during the time of abatement. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, DeWitt and President Appezzato - 3. Noes: Councilmembers Kerr and Lucas - 2. (97 -279) Report from Community Development Director considering City's support for various programs and strategies as formulated in the draft Homeless Continuum Plan. (Councilmember Kerr) Don Roberts, Alameda, stated that the proposal does not make any sense; he questioned why the City should be tied in with two cities like Oakland and Berkeley that have 65% of the County's total homeless: 6,100; that other cities in the North County area- - Albany, Emeryville, Piedmont, and Alameda - -have a total of 400 homeless; and the proposal provides an avenue for the Consortium to try to get Countywide taxes passed. Al Derr, Alameda, stated the proposal seems to go against one of the plans for homeownership, it does not appear to support Alameda's goal of increasing homeownership, and that he does not see anything in it which will effect the root causes of homelessness. Diane Coler -Dark, Alameda, stated that she is worried the entity will be receiving Alameda's money with small return and its power will escalate. Councilmember Kerr stated that she brought this matter to the. City Council; the City of Alameda does not do well in County- controlled groups; city boundaries are not considered and the City of Alameda would be lumped with Oakland and Berkeley; Oakland has a fifty percent higher rate of poverty than the County in general; City of Alameda has a homeless shelter, but only 28% of the tenants are from Alameda; the plan has high overhead; City of Alameda is very vulnerable right now; when people think of funding extra housing they seem to automatically look to the Alameda Naval Air Station [Alameda Point]; the only safeguard in the McKinney Act is that homeless providers' who claim Base property will fund their own projects; and she believes the Program seriously jeopardizes Base planning. Mayor Appezzato stated the City has worked hard on the Base reuse process and the Community has been a model by HUD standards for its achievements. Minutes of the Regular City Council Meeting May 20, 1997 194, Councilmember Kerr stated that she is speaking to the issue because the empty housing at the Base is very vulnerable to being rented, people who get funding will be looking for places to go, and there is nothing to prevent them from renting the empty housing more than any other group that comes along. Councilmember Lucas stated the Continuum sets itself some worthwhile goals, however, she sees another Lead Abatement Agency coming with claims on taxes; homelessness is a very difficult problem to solve; the proposal asks for money and to set up another organization; she does not want to do that; there are enough people trained to work on the matter without additional funding. Councilmember Daysog stated the base reuse process is not mutually exclusive, there are world-class developers interested in Alameda, and people want to work together. He further stated homelessness is a national issue; the thrust of the Continuum Plan is to resolve the problem, however, he does have some deep misgivings about the Program, e.g. financing mechanism, federal policy; he would like to wait for the financing plan; and he will support the City sending a representative to the Continuum. In response to Vice Mayor DeWitt's inquiries regarding the Plan, the Community Development Director stated that the Plan is a planning requirement of HUD, certain kinds of homeless prevention and assistance funds that HUD now contributes can only be given to agencies that are in a region that has a Continuum of Care Plan, it is a prerequisite for funding, and adoption of the Plan does not commit the City to one cent of spending. Councilmember Kerr stated that the March, 1997 Continuum Plan Draft states it is a goal to establish a multi-jurisdictional homeless trust fund; there is still discussion about exploring possible funding sources such as bonds, assessments, in-lieu fees, federal block grants, and public donations; and she believes in the March, 1997 Draft there is no bar to a City having a Continuum of Care Plan, therefore, Alameda would not have to join a Countywide Continuum of Care Plan to access HUD funds. Vice Mayor DeWitt inquired whether Alameda would be eligible for HUD funding if it does not join a group. The Community Development Director responded it is conceptually possible to develop our own Homeless Continuum of Care Plan; staff's concern is the level of resources of a person to actually do that work and believes it is more cost effective to participate and to have larger cities with better paid staff assume the burden of producing the huge document. Councilmember Daysog stated that the most critical issue is fairness, every city has a homeless population in Alameda County, Minutes of the Regular City Council Meeting May 20, 1997 and every city should be fairly assessed. Councilmember Lucas moved that staff report back with a feasibility study on a Homeless Continuum of Care Program for the City of Alameda. Vice Mayor DeWitt seconded motion, which carried by unanimous voice vote - 5. President Appezzato called a recess at 9:43 p.m. and reconvened the meeting at 10:00 p.m. * * * (97-280) Resolution No 12881, "Designating the Meyers House and Garden a City Historical Monument." Adopted. Gerhard Degemann, Alameda, stated that he hopes future designations of historical monuments include the presentation of scrolls and plaques commemorating said events, and presentations by the Historical Advisory Board are included in the event. Councilmember Lucas moved adoption of the Resolution. Councilmember Kerr seconded the motion, which carried by unanimous voice vote - 5. (97-281) Report from Chief of Police recommending support for SB 1339 (Calderon), Banning Large Capacity Ammunition Magazines. (Mayor Appezzato) The Chief of Police stated support of SB 1339 will add to the safety of the citizens. Wayne Pearce, Alameda, spoke in opposition to the Bill and stated that citizens are losing their country day by day. Councilmember Lucas moved approval of the staff recommendation. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-282) Report from Chief of Police recommending support for AB 532 (Knox), Multiple Handgun Purchases. (Mayor Appezzato) Wayne Pearce, Alameda, spoke in opposition to the Bill, and discussed current affairs related to the San Diego border and INS officers. Minutes of the Regular City Council Meeting May 20, 1997 1q6 Vice Mayor DeWitt moved approval of the staff recommendation. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-283) Report from Public Works Director regarding status of search for east end ferry services subsidy monies. Don Roberts, Alameda, stated that the ferry services should be fully paid by the developer, the taxpayers are subsidizing $18.00 per person, and the taxpayers are not getting much bang for their buck in the Harbor Bay Isle ferry system. Ronald Kahn, Harbor Bay Isle, stated that the ridership is willing to pony up whatever it will take for them to help support, from private means, the ferry boat service; and requested the City Council to accept the Stockwell & Associates Report. Tom Jordan, Community of Harbor Bay Isle Board, thanked the Council for retaining Mr. Stockwell; stated the Board has not formally reviewed the Report; the operating figures are in conjunction with the catamaran that was a very expensive piece of machinery to run, and everyone is anticipating that the annual operating expenses will come down precipitously with a more reliable boat like the Bay Breeze; and the Board looks forward to working with the Council. Mayor Appezzato addressed Proposition 218, including taking away the ability to raise money to enact policies. In response to Councilmember Lucas's inquiry regarding cooperation between the cities, Mr. Stockwell stated Stockwell and Associates is assisting in drafting a white paper to create a region-wide ferry alliance that will increase the ability for people to utilize the Bay as they did seventy years ago. The Mayor stated there are only two cities in Alameda County in the ferry business: the City of Alameda and the City of Oakland, and as a member of the Measure B Committee, he can use anything that Stockwell & Associates can provide. Mr. Stockwell stated that part of the services to be provided are to assist in the Measure B Reauthorization Process; he discussed Petroleum Violation Escrow Account Grant-, AB 434- and Air Quality District funding; he commented on his work scope to assist on the Naval Air Station transportation funding needs; and stated they will be sending out an alert to all residents of Harbor Bay Isle urging them to write to the Chair of the State Public Utilities Commission urging action on June llth to allow the Bay Breeze to transfer over to the East End Service on September llth. In response to Mayor Appezzato, the City Attorney stated that a Minute o of the Regular City Council Meeting May 20, 1997 1 letter to the State PUC could be placed on the next Council Meeting Agenda. Councilmember Kerr stated there is an astonishing gap in information about ferries, to which Mr. Stockwell responded that there is an effort to raise the concept of water transit to that of higher attention. Councilmember Lucas moved Council accept the report and direct staff to place a letter to the California Public Utilities Commission supporting action on acquisition of a portion of Red & White Fleet from Blue & Gold Fleet on the Consent Calendar of the next Agenda. Vice Mayor DeWitt seconded the motion, which carried by unanimous voice vote - 5. (97-284) Resolution No. 12882, " Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of July 15, 1997, Hearing Thereof - Island City Landscaping and Lighting District 84-2." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-285) Resolution No. 12883, "Providing for the Borrowing of Funds for Fiscal Year 1997-1998 and the Issuance and Sale of 1997 Tax and Revenue Anticipation Notes Therefor." Adopted. Vice Mayor DeWitt moved adoption of the Resolution. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. (97-286) Final Passage of Ordinance No. 2738, N.S., "Amending the Alameda Municipal Code by Amending Subsection 8-22.16 (Abandonment of Vehicle Prohibited) of Section 8-22 (Abatement, Removal of Abandoned, Wrecked, Dismantled or Inoperative Vehicles), of Chapter VIII (Traffic and Motor Vehicles), Thereof, to Prohibit the Storage of Physically Operative But Unregistered Vehicles." Finally adopted. Councilmember Kerr moved final passage of the Ordinance. Motion carried by unanimous voice vote - 5. (97-287) Report from City Manager regarding recommended procedures for communications between the City Council and City Staff. Minutes of the Regular City Council Meeting May 20, 1997 198 Councilmember Kerr read, in part, from the City Manager's report .. all written or verbal requests for information must go through the City Manager's Office"; she believes that is in direct contrast with the City Charter which allows Council to make inquiries without going through the City Manager's Office; requests she has made have always been copied to the City Manager; it is a waste of staff's time to send small requests for information through channels; and there should be a clear definition of inquiries. Mayor Appezzato stated that he brought the matter to Council so the new City Manager could establish a policy for Council; he [Appezzato] questions how many inquiries are too many, priorities and at what point Council knows the City Manager is receiving too many requests; and he wanted the matter placed on the agenda so everyone would function under the same rules. Councilmember Kerr stated that the memo which inspired this [discussion on procedures for communications] was simply a request for information; it did not go to a Department Head and perhaps it should have; and that she never received an adequate answer from staff to her request made several months ago. She further stated that there was a flurry of memos, which is the problem: sending requests through political channels instead of treating information as just what it is; she does not want to limit any of her fellow Councilmembers' requests for information; she believes there is a limit to what kind of rules of order a Council can pass; three conservative members of the past Council limited the Mayor on what can be said in mayoral proclamations, which is a violation of the First Amendment; if the Mayor wants to bring that [matter] back for review, she would vote to kill it; the Mayor should be able to say anything he wants to, it is his responsibility; Councilmembers have to be very careful that they do not assume they should be telling their fellow Councilmembers what to do, what to ask for, and limit what other people ask for; and having worked in private industry, she knows that this can be done very efficiently without wasting any staff time. The Mayor responded the previous Council determined that when a Mayor issues a proclamation on behalf of the entire Council, Council should vote on it--and he supports that; the Mayor, as the ceremonial head of the City, is given the ability to issue proclamations, as authorized by the City Charter. Councilmember Kerr stated that she believes there was one [action by the previous Council] that if the Mayor, as ceremonial head, made a proclamation on any controversial--or other--there were certain conditions. Mayor Appezzato thanked Councilmember Kerr for her support. He stated that he is issuing proclamations now as the Mayor, including one tonight. Minutes of the Regular City Council Meeting May 20, 1997 Councilmember Kerr stated that the Mayor had calmly announced [while serving on the former Council] that he was going to ignore it and she applauds him for it. Mayor Appezzato stated the City Manager can only be held accountable if Council goes through him, the City Manager works for the City Council, the City Manager has the authority to hire and fire staff, Council does not; and the City Manager is responsible for staff. Councilmember Kerr responded that any private citizen can get information, and now you are trying to deny Councilmembers direct access to staff. Mayor Appezzato responded City Council can hire, fire and do a lot more things than an average citizen; Council is held to a much higher standard than the average citizen who can walk in and say or do anything and holds no influence or sway over any City staff-- Council does; Council can hire and fire and take actions that affect the City in many areas, e.g. economic, financial, etcetera. Councilmember Kerr stated Council should have the same access to information. Vice Mayor DeWitt questioned whether there is a difference between an inquiry and direction for work, and stated he would like to have a better definition of inquiry as it relates to this situation. The City Attorney stated that the report is a draft for Council input; she understands the proposal is for the matter to be voted on by the City Council and adopted as its own rules and procedures; the Charter imposes limitations on the Council, the Council has the right to do anything legal except otherwise as pre-empt by State law, federal law, the Charter, or rules Council imposes by resolutions, ordinances and/or motions. She further stated that what Council has here is a limitation on the Charter that establishes the maximum amount that Council can do; the most Council can do is to inquire; it states that Council must go through the City Manager for anything that is within the administrative service for which the City Manager is responsible-- that is very general and broad language that can be interpreted, there is certain black and white; she believes the City Manager's [Mr. Flint's] policy is in the middle; he applied a reasonable interpretation; City Manager's position in staff meeting was it is an expansion, he provided for inquiry in the end of the process, he provides that initial contact goes to the City Manager and that contact goes to the particular staff member for a procedural accommodation; after Council has the information, Council then has unfettered access to that staff person; Council does not have that now; Council currently does not have the ability to talk to anyone in the organization; the City Manager has stated that an additional Minutes of the Regular City Council Meeting May 20, 1997 200 exception to the policy is going to be giving you unfettered access, not to just department heads, and not only for purposes of inquiry, but actual discussion on published agenda items and published documentation; that is the practical interpretation of general language that was established in 1937; if Council adopts the proposal, Council will being choosing to impose its own limits; and Council can choose to impose limitations and procedures on itself if it agrees with the City Manager that it is necessary for the orderly conduct of City government. Vice Chair DeWitt stated that he understands to have order and control of the organization, a procedure is necessary; however, an inquiry should have more freedom that staff is allowing; he would like to make an inquiry for information at the Department Head level; he believes if he goes to a staff member he is interfering with their workload; and he should be allowed to contact a Department Head for inquiry on subjects as he sees fit, and not necessarily on printed, published documents; he needs to be able to contact a Department Head whenever he desires; and he wants it clearly defined that he is making an inquiry and not directing work--he does not want to violate the Charter. Councilmember Daysog stated that the framework provided is very flexible and fair; one point that he is concerned about though, is the ability of Council to communicate directly with staff person(s) below the Director; he believes the relationship is inherently unequal; if he went up to a staff person with a statement--whether stated in a very pointed way or off-handed way--staff would receive the message that they better work on it [related matter]; direct communication should be limited to Department Heads; the Charter is not being changed, it is being interpreted; and Council/staff are on the right track. Councilmember Lucas stated that she does not want to limit the power of the City Council; the right to make inquiries of Department Heads or staff persons should be fully preserved; the City Manager is correct in stating he can do the best job if anything major is channeled through his office; there have been occasions when she has gone to a staff person [below Department Head], and she would like to preserve that right for herself and not restrict it Vice Chair DeWitt stated that he gave the City Manager the prerogative to allow Council to go to Department Heads only, because Council might influence staff by going directly to them or that Council could be perceived as directing staff. The Mayor stated if the Council wants to go further on the matter of inquiry, a definition is necessary; there is a point where inquiry may become interference, and Council needs to know where that point is; he believes in a strong City Manager [form of Minutes of the Regular City Council Meeting May 20, 1997 201 government]; if what is brought back to Council is not a strong City Manager form of government, he will not support it; however, if the majority of the Council does support it, he will go along with it. The City Manager stated staff will craft something that will hopefully respect the multiple perspectives, and he believes a policy will be found that Council will be comfortable with. Councilmember Lucas stated that the issue also is if a Councilmember's request for information becomes burdensome, the City Manager could bring the matter to the City Council for placement on the Council Agenda for discussion. The Mayor responded that perhaps Councilmember Lucas's suggestion should be part of the policy. The City Manager stated Councilmember Lucas made a valid point; the Charter stipulates that the City Manager should report to Council and present information which would suggest such a case; and that point could be included in the proposal as well. The Mayor noted that the matter would come back for discussion and perhaps modification. There being no further discussion on the matter, Mayor Appezzato called for Oral Communications, Non-Agenda. ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) (97-288) Neil Patrick Sweeney, Alameda, announced upcoming local events, and discussed various transportation issues, such as ferries and light rail. (97-289) Richard Neveln, Oakland, Member of the Oakland Army Base Reuse Group, stated that Northern California Air Shows should be attended by individuals working on community projects that involve airports and Base reuse issues. COUNCIL COMMUNICATIONS (Communications from Council) (97-290) Councilmember Kerr requested that the Electric Vehicle Corridor matter be placed on the next Council Meeting Agenda. (97-291) Councilmember Daysog requested an off agenda report on City monuments; he stated that the staff report should include policies and funding for routine maintenance purposes; and that the report should be forwarded to the Historical Advisory Board. Minutes of the Regular City Council Meeting May 20, 1997 ADJOURNMENT There being no further business before the City Council, Mayor Appezzato adjourned the meeting at 11:29 a.m. Respectfully submitted, z Diane B. Fe sch, CMC City Clerk The Agenda for this meeting was posted in advance in accordance with the Brown Act. Minutes of the Regular City Council Meeting May 20, 1997