CC072710

8/8/2019 CC072710

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The City Council

The council voted, 5-0, to hold off on putting city charter changes on the Novemberballot that would eliminate binding arbitration for the citys firefighters and requireany initiatives, including the firefighters upcoming minimum staffing measure, to

have a funding source before they could be put in place.

Tam asked her dais-mates to reconvene a council subcommittee to vet the proposedchanges and to consider them for the November 2011 election instead, the date thefirefighters initiative will be decided.

Gilmore said she thought the council shouldnt rush to put the amendments, some of which had been in the works for over a year. She said the public should have moretime to talk about the proposed changes before they go on the ballot.

I dont think this is something that should be taken lightly. The public should have

the opportunity to ask questions and have input on this, said Gilmore, who said shethought city staff should have brought the proposed charter changes to the councilsooner.

Gallant said several of the proposed charter changes which included addinganother member to the Public Utilities Commission and removing the city manageras a voting member of that body, allowing the city clerk to reject legal bids andallowing the city to change its business hours werent new ideas, and Highsmithsaid the changes were being proposed for the November ballot because its the next available general election.

Domenick Weaver, president of the Alameda firefighters union, asked the councilnot to put a measure on the ballot that would eliminate the unions right to bindingarbitration, which he said had been used just once in the 30 years its been in place.

He said the council cant putthe binding arbitration matter on the ballot, citing astate Supreme Court case that would require the city to meet and confer on it. But Highsmith said the city disagrees.

Ann Spanier of the League of Women Voters of Alameda asked the council to wait onputting the charter amendments on the ballot so the public could have more time tolearn about and comment on the proposed changes, which havent had a prior

public hearing.

The City Council also unanimously approved a $71.1 million general fund budget for2010-2011 early this morning, an increase over the $68.7 million budget it okayedfor 2009. The budget covers public safety, recreation and other services.

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The budget is tight this year. What we think we are bringing in in revenues, wethink we will expend, Gallant said, adding that the city hasnt spent more than it hastaken in over the last 18 months. She said 2009 layoffs and other departmental cutshelped bring the citys budget in line.

The budget shows an anticipated $12.1 million cash balance at the beginning andend of the year, and Gallant said she expects the city can build toward arecommended balance of $13 million, or 20 percent.

Gallant said the city has resolved much of the $7.6 million deficit that had built up inthe citys internal service funds as city departments failed to repay their workerscompensation and other fixed costs. She said the deficit is now $200,000, and sheexpects that deficit to disappear by the end of 2011.

But she said the library is running a deficit because of the way bond debt the cityincurred to build its new library is structured, which she said she will work to fix

midyear. The citys budget figures show a projected negative balance of $866,984for the library fund at the end of this fiscal year.

The city's overall budget of $297.9 million includes money for the HousingAuthority, Alameda Municipal Project, debt funds, redevelopment, money for capitalprojects and additional funds.

Separately, city staff offered information on a $24.3 million capital improvement program to maintain and fix the citys sewers, roads, parks and other infrastructure.

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CC072710

BJ NO closed sesh hope DA will expedite matter so can cont biz.

2C biz assns

MG Decision in LLADS?

AMG Understanding staff this pt, vendor has agreed to work w WABA group so cango fwd w bid. So bid is gg to work for WABA, subject to nego of it. PSBA cont do own

thing. $ in these contrax are sufficient to cover ish due.

4D, then 3A, then 4E, F, G

then 3b, 3c and 4c after 4g

4D VF Outdoor Okd unanimously by Planning Board OKd unan by CC

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3A Letter Okd unan by CC

4E Real estate asset mgt policy OKd unan by CC

4F Miracle League EB OKd unan

4G 2216 Lincoln OKd 5-0

3B Operational budget highlights:AMG Spent lot x talking about $, wanted to do reminder allocates resources certainactivities. 10-11 things doing despite fact rollover budget Move fwd w goals, objectives of 2009 downsizing tabs, flattening organizationFocusing on how to establish budgets, goals and objectives. In 2 yr processperformance evaluation employees.24 mo fiscal sustainability plan reduce grossing up revenues putting $ in GF,

charge back. Clearly charge to where the fund is, not transfer to GF confusing. Elimcash balances. When do staff report in regard to action on the budget, will relatethose details. Nu cap improve discret fund. Dont want one-time revenues in GF.

Things on exec teams to do list: (program initiatives) see list NOTE RELOCATED ANIMAL SHELTER AND DOG PARKpolice bike patrol on park/Webster

3C Cap improve pgm 2010-12 cap improve pgm 24341000 (14431000/9910000)

Sewer, streets & transpo, parks, bike & ped, etc.looking to relocate animal shelter and corp yard prime site for redevelopment have money for that

4C BUDGET: 11:02 PMAMG: few points on Gann and Jarvis interesting gann limit here is 83m, proceedscan get from taxes. ax amt get is 44m. Rapid growth of taxes havent held here last 30 yrs prop taxes didnt grow way they expected. Theres a long way to go herebefore our tax base exceeds the Jarvis-Gann limit. Large portion to other ways toraise money. Applies to GF and planning/bldg fund.Over 100 funds. City, CIC, ARRA, HA, AMP. Total approp 208.6m exclusive of

component funds (HA, AMP) addl 89.3m. Total city budget 297.9m. Almost a 300mcorporate operation.Summary: 12.1m projected cash bal.The budget is tight this yr. What we think we are bringing in in revenues, we think we will expend. But last 12-18 mos, have not spent more than brought in, havesucceeded in putting $ in cash bal.Workshop talked about desired cash balance staff rec approx 20% true cash fundbalance, about 13m. We are very close to achieving that, hope this yr or next hope

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will have for emerg/conting times huge spikes in expenditures cant fund ongoingoperational basis.Numerous convos recession etc, plan w RIF 2009 contain costs, recover neg cashbalances. Balanced budget w existing revs, expends GF.Special rev funds group long way terms far right line. Is one partic one need to

address this yr unknown, discovered it libray. Usu doesnt have neg fund balances,but tight. Discovered, early 08 when city did refi COPs, implemented short callprovision that fin, wasnt level debt service. No principle on debt. This FY, debt services on that spikes by 500k. Surprise. Hoped to use $ for fire truck and somecomputers. But have committed to taking a look at this debt to see if we can refi.Hope can pay off wo recurrent neg, but short call dont tx we can do that. Key ehre isto be able to figure out how to pay this debt service so it doesnt run the lib into theneg. Neg for now, adjustment to solve midyear. If cant solve, GF will have to transfermore $ into the lib to cover this debt service.

MG Difference in FY 10-11 and 11-12 about 10m, 9 out of special revenue funds.

Explain?

AMG Cant do good projections now. Everyones worked really, really hard to get tothis point. This has been a yeomans effort to get to these numbers. Revenue .5 to 2percent. Def tight.

LT Fire at 0, PD up 10 percent. What happened?

AMG 0809, did not fully fund PD positions.

FM OK budget as presented.

AMG Next yr, Lisas gg to be doing this presentation.

OKd 5-0

4A Couwenberg OKd 5-0.

4B Sewer report

4H ELECTIONLW 3 resos ff arbitration, funding source, and another reject legal ads, add newmember to pub, pub contrax, hrs. Has to be in by August 6. Can write arg tonight we can be here til 3, 4 in the morning that way or select 1-2 to write. DeadlineAugust 10 for args. Rebuttals August 18.

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AMG C reject bids common in general law cities, sted to CC. PUB ish really been onher mind partic this past yr, having served on the bd, for charter reqs. Opinion, not arms length transaction for CM. Shdnt be able to vote. Discush what city shd get, hwmuch transferred GF is an uncomf job. have to do as CM for all. For Cm to have tovote on some of those thigns it wd be my rec not to have that happen. Unique sitch.

Ex officio one thing. Not arms length transaction. Also admin cleanup. Not makingattempt change CH hours at this time. Charter should be for larger, broad-brush ish.Not rates, times, dates and places. Have to change more frequently. Can change byordinance. Shd be able to change wo spec elex, charter amdt.Second call Loni Hancock measure mtg, hrg things st ca. If anyone puts fwd init,that it have funding mech. State att do state level. In listening to the meeting we hadthat day, I asked the city atty to research it, see if had authority to do this. I tx this isa reflection of good fiscal policy, so if people do come fwd w inits, that est criteria tofund that init. Policies require any mandates, $. Some things Oakland facing right now. No funding assoc, just mandate spend X amt on parks, X amt on this.Next one, item of interest this eve. I know that the city has considered this before.

Impt to note that, from mgt perspective, bnding arb is not something one wdconsider putting in a city charter. 30 yrs ago, reason happen. But getting 6-8%COLAs, pers pickups interm raises. But I tx 30 yrs later, we are in a whole diff worldhere eco. Tx need consider if cc do future. Rec place on ballot. Available only to IAFF,not other barg units. Mgt perspective, policy form, allows 3rd party cant control havecontrol over yr destiny financially. Cd be lt liability. All of these things together there are all mgt recs and staff recs. I realize the charter cmte didnt have time tomeet, have cc charter cmte cc int in. But these are thigns that are coming from the gt team, charter offish, tx city shd consider for elex November. Any partic Qs, can givebackground.

LT When she was on council subcom charter amends, 32 amends in 08 elex. Herrecollection was, we did modify the section on specified hours an relegate to ord cccan adopt a sked

LW Was for council mtgs

LT No lib open Sats, Planning at 7, didnt want to be descriptive.

LW Will cx.

MG Her memory, hrs op had did not meet what was in the charter. Discussion op

hrs, wanted to get it out of the charter.

LW Ill look for it.

AMG Did that ax go on the ballot?

All ballot.

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LT I went around town talking to people about it, campaign.

BJ All passed. Maybe the charters not reflecting that yet.

Jon Spangler: Need more time, based on discussion. Esp bc of hour. 12:25 am

Ann Spanier: Wont repeat some of th things JS sed. But we at the league urge thecouncil to allow the public time to review and coment on amendments. Use processhad in 08. Over pd sev mos. Consider need for full public input before makingdecisions of such imptc.

Domenick Weaver: Was res Ala for over 30 yrs, ff for nearly 20. Opposition toresolutions remove arbitration in city charter. Provided w opinion our atty, ct opinion, similar case Seal Beach. Did come into charter 1980. But I 82 anotherresolution, poison pill, re arbitration. If arbitrator grants award that puts city intofinancial burdern, city can put to voters. There is a check and a balance already

there. Arb marks the end of nego that have broken down, when comms have brokendown.Did once 1990s, 4 yrs get thru. Cost city, them ton of $. Were in no hurry to do it.But takes good faith incentive out o the equation. If theres no end in sight, theres apower struggle.Negos 6 mos, more like 3 yrs since negos 2008. Contract in fx for 4 mos. Groundrules on table. To change this up now is like changing the game when you dont liketh rules. I urge you to respect yr ff, and the communitys right to communicate.BJ how upset were about right to comment bridges. Urge to keep.

LT wants more time, dont have full briefing on Seal Beach case.

TH You can be briefed on that this eve. I can brief you on that, and Joe wiley.

MG Appreciate the city attys foresight have labor council here brief us on that, but doesnt solve my biggest ish. had exhaustive process last time around, publicworkshops all the amendments, not just the ff. went around and polled all thedifferent depts. and sed, heres councils list, do you have anything you want to add?Had people show up to our workshiops.

I dont think this is something that shd be taken lightly. The pub shd have the oppoto ask Qs and have input on this. Amending the charter is not something that needs

to be rushed. on council for a while now, 08 1st time long x amended charter. Not that we cant, but 2 yrs later wo thot, process 1st time around I just dont tx thatsgd public policy.

AMG Familiar to you, have seen before.

FM Wd like to see PUB one go forward. Not making decision to enact, but put onballot and go fwd. Simplest one.

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LT Disagree thats simple.

MG Long history behind why CM ended up being put on the pub I the first place.

TH Next elex Nov.

DD When next window opportunity?

LW 2 yrs next general elex.

LT FF on Nov 2011? Cost?

LW Will cost more, but paying.

AMG Only thing new Loni Hancock one.

DD Why shd fire have, no one else?

LT Cant strike, like everyone else.

Joe Wiley Seal Beach decision strike unlawful, can be enjoined. Police, fire, nurses,ERs.

DD Not most impt this eve, but

TH Seal Beach case precludes city form amending charter, we dont agree.

JW Says if subject of bargaining certain conduct, shall be fired. Mand subject of barg, cant put on ballot wo meet & confer. What never had anser to til 8 weeks ago,whether interest arg mandatory/permissive subject barg. PERB, 1st district decisions, both fd interest arb is permissive, nonmand subj barg, dont have to meet and confer 1st prior to putting on ballot. De Quisto case. PERB, Ct of appeal.

Melody Marr Its bittersweet to be here tonight. Im here to say goodbye. 8.5 yrs.Bye, tx and wish you well. 1:08 am

DD You served well. And well miss you.

5AFM Proposing referral as a launching pt for where we go next for alameda point. Welike to lk at 4 areas path fwd.1st leasing policy. One of the assets do have is LIFOC for the base. Creation of jobsfor top priority is direx Ive heard consensus blt last yr on. Means commersh, light industrial devt. Hard part. Tx with nu leasing policy, bldgs want to keep, bolsterbizzes there now, attrax new bizzes, way to increase revs, investment now. Also

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more impt, bld commersh sector always told no market for in ala. Like that to be keypt direx.2 what folos that housing obligation always related to job creation. Use RHND asguide for developing residential in assoc w jobs crtd base. Anchor. Work w congreshdel get $.

3 - eval and propose approp plan where we can consider nonprofit entity ldcchartered and mandated by city. but its rly an entity that does entitlement. Thatswhat the city does well. We wdnt be developing, entitling. That profit, sted gg pvt corp, can be avail from NP thru project. Have models can pull from. Need for jobs isabs critical. Tx also cd get the ear of congresh delegation.4 lastly t get local control entitlements. Ex, infra raised pricces willie stargell.Increased val land AL. If we can take advantage of where we are now w entitling it,potential funding MTC, other places. Then we will have raised the value of the land,better pos Navy. MY proposal, elements given CM as direx. Alt plan can begin toexecute.

Jon Spangler: FM, apprec fact want to move fwd. Sptr MB, SC bid, well aware fact need go somewhere with this now. But want to sugg that needs be just likediscussed charter amends, need more public process, go back to beginning so entirecommunity can learn to talk about ala pt again wo blood on the flr, wo the animosityand anger Ive seen in this rm many times over the last sev mos. Dont tx specificdescription way do. Need open meetings, workshops so can get together, plans andneeds, where do we go. More open, elss directive, way to heal wounds. Didnt havelast few mtgs chambers, or feb. Lot fo dissention. Concerned will never get $ formfeds. Dont have $, skills, expertise, leadership this city to be able to pull this off.

PAT KELIHER: Over the last 3 yrs, my staff and I have lit spent 1000s of hrs working

w Ala producing numerus tech docs, understanding mits develop ala pt. Spent over17m. Less than a week after the cc vote on the 20th, cc discussing alt process ad plandevpg propery Q consider how long were these plans on the drawing bd? At what pt elemtns plan in hand? How much pd to date? Whle we were paying city staff ingood faith, it appears the city was working kn a secret plan b. Appeared plan since09, chamber bfast. Starting tonight. In ax, the CM was talking about this sev mos ago.Is that good faith? Is that how partners work tog? What was really going on insideCH when we were spending millions of $ to work on this project? At what pt did thecity decide that SCC Ala wasnt the citys partner?

FM My mind doesnt shut off when the sigs were gathered or when the measure was

on the ballot or wher the measure went down. Im looking always at alts, and Imaleays gathering info on where I tx we shd go. Submitted July 21 proposal where gonext. Tx nu elements, partic my notion taking lk at RHND, gd place to start. Workingwt navy, va, state tidelands trust, always gg do that. I want a specific plan on how wemove fwd given that weve closed the ena. Trying to summarize pts that aregermane to where we are yoay Hope get direx from colleagues to move fwd on thesepts.

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BJ Some of these things were already doing. But her prefernce wd be to have staff come back w options. Tx council is gg to have to talk about process I tx we need totake a broader look at this bf we can take specific direx.

MG Agree w a lot fot he pts that were made here tonight. I tx we need to take a deep

breath. Need to have staff lk at broad set of opts, back to council not for ax but discush, where pub can come fwd and give their ideas. Ive heard sev diff ideas formmembers of the public, dont include jobs or housing. One things heard loud andclear in the last yr or so as gg thru process, is that cert members of the pub felt heywerent listened to. Tx we shd be very delib in what we do, pub input, listen to folks,have staff bring back range of opts. And I wd encourage anybody out there, if theyhave sugg partic option that they contact one of us or they contact staff.

LT Concur w MG, mayor comments about this. It fels a lot like were reinventing thewheel right after not sure wheel working. Went thru quiet a few of the pub hrgs,charettes, workshops, tc, pb, edc. All the elements FM has on his referral, 9500 jobs,

analyzing commersh, light ind all of that has been discussed, evald in coursegetting to masplan. I tx while its impt to redev AP as a prio, goal in budget get lo cost,no cost conveyance, I dont tx its as impt as having a project thats spt by the comm.,and is fin and enviro sustainable.Fina big deal as much as I tx the world revolves around me and ala, the fed govt doesnt work that way. Impt have funding get project going. Like wanting amentiesin car cant afford. Til ID funding source, premature to start providing direx onsomething that we seem to have had a lot of direx last 3 yrs on.

DD Im jst appalled that someone says were doing secret plans in the back room. Idont tx thats the case. Tx what Councilmember Mat put on the tale is a very logical

thing. LDCs have been used in quite a few sitch. Mean what need to do? No. ut tx Fsmoving fwd and saying lk at this aspect. Nothing more than that. I dont tx hessaying thats a cure all. Starting pt. No one shd be shivering in their boots tgsconjured up diff direx. Tx thats absurd. what we need to do is move fwd. Agree weall have different thots on that. Set up baseline, gd talking pt, all elements in there.TX staff has to put tog lot more thining. Moving fwd fine w me, have to put quite afew caveats, lot leeway proper context. Understand LT pos, but tx have to look at allkinds f other options.Not starting over. Arguing what gg on closer than people realize, not case. Tx timegive back to staff and set the course what direx they shd go. At least there are someguidelies.

BJ Dont want to limit opts staff brings back,

FM Not pt. Want focus on job creation always houses. Magic bullet.

BJ Tx staff shd come back to us full range opts. Tx ideas fine to consider. But if westart giving specific direx, dont know consequence. Opts need to be brot back compre manner form staff.

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MG Range of options, reasonable amt time, include public.heard opts include public land trust. No idea if feasible or not. Diametricallyopposed what heard tonight.s

DD Land developable.

LT Wants to find funding source, sted project 1st . Thats gg to be our biggest challenge. I lkd at our finances tonight, and I didnt see $108.5 million in a slush fundsomewhere.

DD If have oppo develop certain parcels, can have funding source. Capable of doingthat. But have to undestad overall project. Common pieces.

LT Understand. But had masdev APCP who lost financing. Then developer lkg at pot max buildout over 4k units. And staff was coming back wth neg rates of returns. In

between that spectrum, you think theres some magic, funable project?

DD Yes, I do. But I dont tx were gg to flesg that out this eve.

BJ Why want staff to come back. When you can, come back. Have to go thru the opts.I tx it woud be a mistake to start giving specific direx on little component parts of this. Weve got to offer overall vision, can only do when know what opts are. Suresome of tehse are great ides.

FM Glad if something back sept-oct as long as these pts are considered.If theressomething better that comes up, lets hear it.

MG Motion

AMg The motion is the kitchen sink, right?

DD Missing one thing transpo, traffic

AMG OK, we got it.

5B legal opinions

MG Learned of existence legal opinionr e sc, told cd read in CA ofc, but cdnt take it home in advance of mtg. Second part, after mtg had to leave it there, no prob w that.When Q why cdnt take home, charter 8.2 sez CA shall prep opinon when req councilmember in writing and give to council member, CA told me council direx about coming into her ofc, reading, not taking home. My response to her was, I did not recall council direx. It was practice. Handed legal opinions in closed session to read,collected before. Those sitch, was not aware in advance if opinion avail. Oft called toask. Sometimes told wasnt, g into closed sesh, handed opinion. mentioned CA sev x

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didnt like get, esp last minute, esp if long, difficult to digest. Didnt set council policy,even if did, vio city charter.

TH Well, there was a legal opinion in writing, as requested. Sugegsted hand out at closed sesh. have to have discret how do job best for city. Made clear provided

closed sesh, if wanted to hand out in advance, cd read in my ofc. Not a violation of the CAs duties under the charter.

MG I bl it is. 1st of all, this partic opinion talking about lengthy, excess of 10pgms.Staff repott partic lengthy. Did come to CA ofc an read opinion bf, hr bf mtg sked tost. Hard to digest. Her procedure assumes only want to read 1x, not refer to staff mats. I tx it makes it more diff for me to do my job, and for me to do y due diligenceas a council member. Read 5am, 11pm, refer from one to the other, thats fine.Adresselephant in room, discush w her, vague comments concerns leaks coming out of coming out of closed sesh. I have nto been accused of a leak. I have not beenacused of doing anything untoward. Dont know why cdnt get op read home, ofc. No

prob giving back after closed sesh, decision reached. I have no interest in keepingconfidential materials. But shes just making it a lot more difficult for me to do myjob. And I tx the charter is clear.

BJ Hard to iscuss at quarter to do. Doesnt sound like vio charter. Lkg for greaterdirex council how handle docs like that.

LT Move to bring it back.

MG Second.

DD Lkg at the past prac, this is how the past prac went. To closed sesh, handed out,10 or 20 pages.

MG And weve acquiesced. But didnt know ahead of time opinion handed out. Flukefound out.

DD All handed back. We nevr got a hard copy. Hard to read sometimes.

BJ Folod what has always been practice ala. MG sed talk about it. Consider CA hasinterests of city to protect.

4-1, DD opposed.

PUB Maddie Deaton.

MG Why if doc given to DA ay 26, not given to cc til 6 weeks later?

TH DA asked it be kept confidential pending their investigation. Only at insistenceCA, CM coming to council re suncal that precipitated need to make it public.

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MG Why didnt you tell the council?

TH I jus answered the w. DA asked be confidential, and that the council not beinformed.

CC072710

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