Title
Minutes of the Special and Regular City Council Meetings Held on December 17, 2019 and the Special City Council Meeting Held on December 18, 2019. (City Clerk)
Body
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -DECEMBER 17, 2019- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:02 p.m.
Roll Call - Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5.
[Note: Councilmember Vella arrived at 5:26 p.m.]
Absent: None.
Public Comment
Doug Biggs, Alameda Point Collaborative, discussed his desire to work together and settle the Crab Cove case.
Jack Sylvan, Brookfield Properties, discussed Brookfield’s proposal for the Enterprise District.
The meeting was adjourned to Closed Session to consider:
(19- ) Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Friends of Crab Cove v. Vella et al.; Court: Superior Court of the State of California, County of Alameda; Case Number: RG18933140
(19- ) Public Employee Performance Evaluation Pursuant to Government Code § 54957; Position Evaluated: City Manager - Eric Levitt
(19- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Various Sites at Alameda Point: (a) Site A, Phase 2, area bordered by West Atlantic Avenue and Coronado Avenue on the North and South, respectively, and by Ferry Point and Main Street on the West and East, respectively; (b) Phase 1 of the Enterprise District, area bordered by Pacific Avenue a and W. Ticonderoga Avenue on the North and South, respectively, and by Orion Street and Central Avenue on the West and East, respectively; (c) West Midway, area bordered by West Midway Avenue and West Tower Avenue on the North and South, respectively, and by Pan Am Way and Orion Street on the West and East, respectively; [not discussed] and (d) Bachelor Enlisted Quarters (BEQ) and Hangar Row, BEQ - Buildings 2, 3, 4, 2660 Monarch Street, 2599 Lexington Street, 2651 Lexington Street, 2701 Lexington Street, and Hangar Row - W. Tower and Monarch Streets; Persons Negotiating: Debbie Potter, Community Development Director, and Michelle Giles, Redevelopment Project Manager; Negotiating Parties: City of Alameda and (a) Alameda Point Partners, (b) Prospective Developers, (c) Prospective Developers, [not discussed] and (d) Jamestown L.P.; Under Negotiation: Price and terms
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Existing Litigation, the staff provided information to Council and Council provided direction with no vote taken; and regarding Performance Evaluation, Council voted unanimously to approve a $6,000 annual transportation allowance, increase base pay by 3% the first full pay period in January; future increase amount in 2021 would be tied to the EXME (Executive Management) will be effective on anniversary date;
***
Mayor Ezzy Ashcraft called a recess at 7:08 p.m. and reconvened the meeting at 10:21 p.m.
***
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Real Property, staff provided information and Council provided direction with not vote taken.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:48 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -DECEMBER 17, 2019- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:15 p.m. Councilmember Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft - 5.
[Note: Councilmember Vella arrived at 7:16 p.m.]
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(19- ) Presentation by Assemblymember Rob Bonta: State Legislative Update.
Assemblymember Bonta gave a brief presentation on new State legislation.
Mayor Ezzy Ashcraft expressed gratitude for the presentation; stated continuing help is needed for the Alameda Hospital.
Councilmember Oddie expressed support for the work on homelessness and the League of California Cities housing committee; stated the most challenging aspect of development is funding for affordable housing projects; inquired upcoming plans for affordable housing in the next year.
Assemblymember Bonta responded that he served on Alameda City Council during the time redevelopment agencies were abolished in California; stated the recession combined with a Supreme Court ruling lead to the abolition; there have been multiple efforts to bring redevelopment agencies back; two parts have been promoted: economic revitalization, and affordable housing; given the housing crisis, the focus has primarily been on affordable housing; many bills have been vetoed due to budget constraints; the Governor requires high cost projects to be included in the budget; tax credits and one-time budget money may be an option going forward; the State of California is short by 3 million housing units; all cities must contribute their fair share.
Councilmember Daysog expressed support for the return of redevelopment agencies and for more effort around solutions for traffic congestion solutions on major State highways.
Vice Mayor Knox White expressed support for a partnership in traffic safety including automated speed enforcement.
Councilmember Vella stated the City recently passed Vision Zero; traffic safety is the most important element in planning City streets; some City streets are still under control of Caltrans; a local jurisdiction determining the safest options for streets should include ways to work with Caltrans; housing projects need support, especially from the State; several affordable housing projects have begun and more will be approved; expressed support for youth mental health services, which do not have enough funding.
Mayor Ezzy Ashcraft inquired whether there is an update on the Regional Measure (RM) 3 court challenge.
Assemblymember Bonta responded the eventual outcome is assumed positive; stated funding is held up; follow up will occur.
Mayor Ezzy Ashcraft inquired the timing of the update; stated there is assurance of funding, but delays are painful; housing and mental health issues are a core focus; remnants of the Lanterman-Petris-Short Act are still in effect; commensurate programs with State aid are needed; discussed the homeless encampment conditions on Alameda Avenue in Oakland; stated people need to be housed.
Assemblymember Bonta responded a transportation measure will be on the ballot to help with congestion; stated access to funding can be applied for through a competitive grant process; expressed support for focus on wide spread mental health services.
ORAL COMMUNICATIONS, NON-AGENDA
(19- ) Laura Gehringer, Alameda, discussed the needs for a safer school zone at Love Elementary School; requested help.
(19- ) Sarah Burninham, Alameda, expressed concern over a letter the City sent regarding traffic safety and eight children being hit by cars since the beginning of the school year; stated permanent change is needed; urged the speed limit be changed to 15 miles per hour (MPH).
(19- ) Rachel Playto, Alameda, expressed concern over nothing occurring since the November 5th rally; urged a 15 MPH zone be adopted.
(19- ) Maria Gayo, Alameda, discussed Fernside Boulevard traffic calming.
CONSENT CALENDAR
The City Clerk made an announcement regarding the two Public Hearing [paragraph nos. 19- and 19- ] and there was no public comment.
Vice Mayor Knox White moved approval of the Consent Calendar.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*19- ) Minutes of the Special City Council Meeting, the Special Joint City Council and Successor Agency to the Community Improvement Commission Meeting and the Regular City Council Meeting Held on November 19, 2019. Approved.
(*19- ) Ratified bills in the amount of $3,870,487.64.
(*19- ) Recommendation to Accept the Annual Review of the Affordable Housing Ordinance and the City’s Affordable Housing Unit Fee Consistent with Section 27-1 of the Alameda Municipal Code; Accept the Annual Affordable Housing Unit Fee Fund Activity Report; and Find that: 1) Unit/Fee Requirements Set Forth in Local Law Remain
Reasonably Related to the Impacts of Development, and 2) the Affordable Housing Units, Programs and Activities Required by Local Law Remains Needed to Support the Production of Affordable Housing in the City. Accepted.
(*19- ) Recommendation to Accept the 2013 Local Library Bond Measure Annual Report. Accepted.
(*19- ) Recommendation to Accept and File Various Community Facilities Districts (CFD) Reports for Fiscal Year (FY) Ending June 30, 2019, including: CFD No. 03-1 (Bayport Municipal Services District); CFD No. 13-1 (Alameda Landing Public Improvements); CFD No. 13-2 (Alameda Landing Municipal Services District); CFD District No. 14-1 (Marina Cove II); and CFD No. 17-1 (Alameda Point Public Services District). Accepted.
(*19- ) Recommendation to Accept a Biennial Report for the Public Art Fund. Accepted.
(*19- ) Recommendation to Authorize the City Manager to Execute a One-Year Agreement, in an Amount Not to Exceed $100,000, with Alameda Family Services for Student Mental Health Services. Accepted.
(*19- ) Recommendation to Approve Closure of the Remaining North Course Holes at Corica Park to Improve the Overall Construction Schedule Timeline. Accepted.
(*19- ) Recommendation to Authorize the City Manager to Execute an Amendment to the Existing Citywide Project Stabilization Agreement for Public Works or Improvement Contracts Providing for a Three (3) Year Renewal and Options for Subsequent Annual Renewals. Accepted.
(*19- ) Recommendation to Authorize the City Manager to Execute a First Amendment to the Agreement with Trimacs Maintenance & Landscape Construction, Inc., Extending the Term of the Agreement by Thirteen Months and Increasing the Compensation to an Amount Not to Exceed $65,882, for an Aggregate Amount Not to Exceed $129,845, for
Landscape Services in City of Alameda Island City Landscape and Lighting District 84-2, Zone 6 - Marina Village. Accepted.
(*19- ) Resolution No. 15619, “Reappointing Wendi Poulson as Trustee to the Alameda County Mosquito Abatement District Board.” Adopted.
(*19- ) Resolution No. 15620, “Receiving and Filing the Fiscal Year 2018-19 Development Impact Fee (DIF) Report and Five-Year Report, Containing Both Development Impact Fees and Fees Otherwise Subject to Development Agreements, and Making Certain Findings as Required by Government Code Sections 66000 et seq.” Adopted.
(*19- ) Resolution No. 15621, “Amending the Electric Utility Professionals of Alameda (EUPA) Salary Schedule to Reflect a New Salary for the Finance and Utility Billing Manager and the Support Services Manager and Revised Job Classification Titles for Finance and Utility Billing Manager, Utility Billing Specialist, and Utility Billing Technician.” Adopted.
(*19- ) Resolution No. 15622, “Certifying the Ballot Tabulation Results for the 2019 Water Quality and Flood Protection Fee Initiative” Adopted; and
(*19- A) Ordinance No. 3258, “Adding Article IV to Chapter 18 of the Municipal Code, and Ordering Levies of the 2019 Water Quality and Flood Protection Fee for Fiscal Year 2020-21, as Approved by a Majority of Votes in Favor of the Fee Submitted by Property Owners.” Finally passed.
(*19- ) Public Hearing Under the Federal Tax Equity and Fiscal Responsibility Act of 1982 to Consider Resolution No. 15623, “Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority in an Aggregate Principal Amount Not to Exceed $45,000,000 to Finance a 70-Unit Multifamily Rental Housing Facility for Low- and Very Low-Income Families Located within Alameda Point Site A for the Benefit of Eden Housing Inc., or an Entity to be Established by Eden Housing Inc. (or an Affiliate).” Adopted.
(*19- ) Public Hearing Under the Federal Tax Equity and Fiscal Responsibility Act of 1982 to Consider Resolution No. 15624, “Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority in an Aggregate Principal Amount Not to Exceed $45,000,000 to Finance the Rosefield Village, a 92-Unit Multifamily Rental Housing Project, Located at 718-746 Eagle Avenue and 715-727 Buena Vista Avenue, Alameda, California for the Benefit of the City of Alameda Housing Authority.” Adopted.
REGULAR AGENDA ITEMS
(19- ) Recommendation to Authorize the City Manager to Negotiate and Execute the Seaplane Lagoon Ferry Terminal Operating Agreement between the City of Alameda and the Water Emergency Transportation Authority; and
(19- A) Introduction of Ordinance Approving a License and Authorizing the City Manager to Negotiate and Execute Documents Necessary to Implement the Terms of a 66-Year License with the San Francisco Bay Area Water Emergency Transportation Authority for Use of Real Property and Submerged Land at Alameda Point. Introduced.
The Redevelopment Project Manager gave a brief presentation.
Councilmember Oddie inquired whether the agreement was previously approved by the Water Emergency Transportation Authority (WETA) Board, to which the Redevelopment Project Manager responded in the affirmative.
Mayor Ezzy Ashcraft inquired the process for the City making reasonable efforts to ensure priority for ferry riders during ferry operation hours under the landside assets portion of the agreement.
The Redevelopment Project Manager responded said aspect is still being worked out.
The Assistant City Attorney stated the parking provision is important to WETA and was discussed at length; there has been agreement to continue to work on the details.
The City Manager stated City staff are currently working on parking management; the ferry is part of the priority areas; parking management is very important for ferries; the goal is to have parking available by early September.
Mayor Ezzy Ashcraft stated the reason AC Transit does not provide service to areas such as the Main Street Ferry Terminal is due to free parking; paid parking must be implemented in the future; inquired whether WETA will be responsible for hauling away and disposing of dredging materials.
The Assistant City Attorney responded in the affirmative; stated hauling and disposal are part of the dredging process.
Mayor Ezzy Ashcraft inquired whether the responsibility of replacement falls on the City or WETA when submerged pier outlives its useful life and must be replaced.
The Assistant City Attorney responded piers are part of the waterside assets and are the responsibility of WETA; stated the distinction of the submerged land is that it is City-owned and any damage caused by WETA actions will be their responsibility.
Vice Mayor Knox White moved approval of the staff recommendation and introduction of the ordinance.
Councilmember Oddie seconded the motion.
Under discussion, the City Manager, Mayor Ezzy Ashcraft and Councilmember Oddie made brief comments about the partnership.
On the call for the question, the motion carried by unanimous voice vote - 5.
***
(19- ) Councilmember Oddie moved approval of hearing the privacy policy [paragraph no. 19- ] next.
Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote - 5.
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(19- ) Resolution No. 15625, “Establishing a Privacy Policy, Data Management Policy, and Prohibiting the Use of Face Recognition Technology.” Adopted.
The Assistant City Manager gave a Power Point presentation.
Councilmember Daysog inquired whether facial recognition technology would allow for police use.
The Assistant City Manager responded facial recognition technology would not be used by the City of Alameda; stated City Officers could utilize facial recognition technology if it is used as part of a criminal investigation by another agency; the City would not seek out or pursue the use of facial recognition technology.
Councilmember Daysog inquired whether facial recognition technology could be used if a potential crime was recorded at an Automated Teller Machine (ATM), to which the Assistant City Manager responded in the negative.
Expressed support of a complete facial recognition ban and concern over democracy taking over privacy: Saláh Elbakri, Support Life Foundation.
Expressed support for an ordinance, rather than policy; discussed the dangers of facial recognition software: Tim Kingston, San Francisco Public Defender Racial Justice Committee.
Expressed support for the privacy policy and adoption of an ordinance for data management and face recognition technology: Brian Hofer, Secure Justice.
Urged the Council to adopt an ordinance; discussed logging: Matt Cagle, American Civil Liberties Union (ACLU) of Northern California.
Discussed changing jobs and being questioned by the Federal Bureau of Investigators; stated the line has to be drawn: Gulled Mahmoud.
Requested an ordinance be adopted; expressed concern over using facial recognition technology: Mokntar Mohamed.
Councilmember Daysog inquired whether the facial recognition policy covers the use of video data captured by police worn body cameras.
The Assistant City Manager responded the City has a separate public safety policy related to body camera footage; stated the current contract does not have facial recognition technology.
The Police Chief stated the vendor for body worn cameras, Axon, does not offer facial recognition technology; facial framing technology, similar to a cellphone, is used for redaction purposes.
Councilmember Daysog inquired whether the facial recognition technology is algorithm based and able to capture an abundance of data in real-time.
The Assistant City Manager responded the policy is not specific to that level of detail; provided the definition of facial recognition technology.
Discussed evidence of spying; states use policies make community members feel safe: Sameena Usman, Council on American-Islamic Relations.
Councilmember Vella stated that she previously brought a referral for an ordinance relative to data collection and management; expressed support for going beyond a policy and enacting an ordinance; expressed concern about being tape recorded without knowledge; stated that she believes in the right to privacy and the Constitution; expressed concern for the propensity for abuse of various types of technology; discussed electronic forms of communication; expressed support for a data management ordinance, adopting privacy policy principles, an ordinance related to facial recognition and legally enforceable safeguards; stated policies can evolve; expressed concern about vendor policy changes; for citizens being unable to participate or speak with the City due to protections not being in place.
Mayor Ezzy Ashcraft stated that she is unaware of a reference to cellphone tapings in the policy; noted the Grand Jury report will be discussed at a later time.
Councilmember Vella stated that she raises the reference in relation to privacy; technology can be used in a number of different ways.
Mayor Ezzy Ashcraft inquired whether the policy refers to telephone recordings made on a cell phone.
The City Attorney responded that with facial recognition, there is a cell phone use exemption; stated the data retention policy contains information about phone calls, not specific to cell phone recordings.
The Assistant City Manager stated Exhibit B relates to data collection and does list the different kinds of data collected from the public to assist in conducting City operations; any data collection City staff would undertake would be covered by that portion of the policy.
Councilmember Oddie inquired what happens with Ring video footage voluntarily provided by residents to the City.
The City Manager responded law enforcement is exempt.
The Assistant City Manager stated the Police Department is not subject to all policies for investigative purposes; there are policies in place to address surveillance videos in the investigation of a crime.
Councilmember Oddie stated that he has understood the Police Department would not be allowed to use facial recognition software; inquired whether the [Ring doorbell] videos are exempt from facial recognition.
Mayor Ezzy Ashcraft requested clarification of the difference between a camera taking a photograph or video and facial recognition software.
Councilmember Oddie responded the inquiry is related to the use of video for facial recognition.
The Police Chief stated the Police Department does not require sharing of video footage.
Councilmember Oddie inquired the process when video is shared with the Police Department.
The Police Chief responded video received would only be used for the investigation of a crime; stated there is no facial recognition component when videos are received.
Councilmember Oddie inquired whether video footage would be submitted to a vendor that offers facial recognition software services.
The Assistant City Manager responded the City would not initiate the process; stated the software could be leveraged as a resource in the scenario of a crime spree involving Federal Bureau of Investigations (FBI) which uses facial recognition technology; the technology is not something the City of Alameda would be paying for or directly seeking.
In response to Councilmember Oddie’s hypothetical inquiry about facial recognition being used in the instance of red light or speed cameras, the Police Chief outlined the use of camera imaging for identification purposes.
Councilmember Oddie inquired whether photos would be sent out to a vendor that uses facial recognition to identify the driver, to which the Police Chief responded in the negative.
Councilmember Oddie inquired whether public transportation authorities could use facial recognition technology within the City.
The Assistant City Manager responded the policy would not limit outside agencies from implementing the use of facial recognition technology.
Councilmember Oddie inquired the difference between a policy and an ordinance.
The City Attorney responded an ordinance has the effect of law; stated Council has a number of choices when an ordinance is adopted such as providing for enforcement mechanisms; violation of ordinances cause opportunity for private parties to bring litigation; a policy adopted by resolution is unable to be altered without being brought back for Council consideration; a policy does not have some of the enforcement mechanisms on the law enforcement and litigation sides that exist with an ordinance.
Councilmember Oddie expressed support for an ordinance; stated people deserve the protection of law and not just a policy.
Councilmember Daysog stated the item is related to automated or semi-automated facial recognition technology, not body cameras or ATM videos, which capture events or activities that could be interpreted in a non-automated fashion; the policy does not preclude Police from using technology in a reasonable manner to help secure public safety; the questions raised are important for every city to address; noted riot participants are being identified by facial recognition software internationally; expressed support for the policy; stated facial recognition technology is closely intertwined with first amendment rights; a reference to storing of information should be made in Exhibit C.
Vice Mayor Knox White expressed support for moving forward with an ordinance; stated that he would like the item to return quickly; expressed support for a facial recognition ban; discussed the acquisition of surveillance technology; expressed support for bringing back a surveillance ordinance; stated facial recognition technology does not work; noted African Americans are 5 to10 times more likely to be misidentified; stated people have a right to not be harassed due to faulty coding of a program; facial recognition technology is not advanced enough for discussion; expressed support for a surveillance ordinance to return and include a facial recognition ban,; including any questions the City Manager and City Attorney might raise; stated policies are the first step to begin the creation of trust in government.
Mayor Ezzy Ashcraft stated the report presented is thorough; expressed support for an ordinance returning to Council; stated the quote “Everyone Belongs Here” holds true; outlined her experience as a person of Arab-American descent; stated a discussion will occur related to license plate readers early next year; Council has received correspondence from residents who would like an increase in the ability to capture people who have committed serious crimes; different interests should be explored.
Councilmember Vella moved approval of the policies as written [adoption of the resolution] and directing staff to come back to Council with a facial recognition ban ordinance and with a data management privacy oversight ordinance.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Vella stated there are existing examples of both ordinances; she would like to the ordinance based on existing examples versus being drafted from scratch; she would like to hear back about any City concerns.
Councilmember Oddie stated the ACLU model ordinances can be helpful.
Vice Mayor Knox White inquired whether the motion could be amended to include adopting the principles and direction to adopt a surveillance ordinance modeled after the San Francisco.
Mayor Ezzy Ashcraft stated that she would like to give staff direction to consider the surveillance ordinance, but not direct use of San Francisco’s model; noted there are differences between Alameda and San Francisco.
Vice Mayor Knox White inquired whether there is support to add the surveillance [ordinance] based on the [San Francisco] existing example.
Councilmember Vella responded in the affirmative.
Councilmember Daysog expressed support for the motion to use “strongly consider using San Francisco.”
Vice Mayor Knox White stated the language has come from the privacy groups; the policies are correct as written and only need to be converted to an ordinance.
On the call for the question, the motion carried by unanimous voice vote - 5.
***
Mayor Ezzy Ashcraft called a recess at 9:14 p.m. and reconvened the meeting at 9:21 p.m.
***
(19- ) Recommendation to Consider Adoption of a City Council Code of Conduct and Councilmember Handbook, and Code of Conduct, Providing Guidelines for Councilmembers to Follow in Conducting City Business and Fulfilling Their Responsibilities as City Elected Officials.
The City Manager and City Attorney gave a Power Point presentation.
Mayor Ezzy Ashcraft expressed support for the use of the City of Sunnyvale’s handbook style; stated some of the proposed language is antiquated and could be updated; the City of Sunnyvale’s language is well thought out; the item Council adopts should be simple and straight-forward; the policy brought forth by staff is well referenced.
Councilmember Oddie discussed an article related to Code of Conduct; stated the City of Sunnyvale handbook is comprehensive; the item is an opportunity to show residents Council’s ethics and values; all elected officials should be covered by the policy; officials could sign the proposed handbook to acknowledge their promise of service; that he would like input from Council before discussing social media and the Brown Act; questioned procedures for social media interactions.
Councilmember Vella expressed support for the City of Sunnyvale’s Code of Conduct, for including all elected officials, for including language reflecting elected and appointed officials interactions with staff, and for providing a safe space for dialogue and open conversation with respect; stated open dialogue can sometimes be lost in the heat of advocacy; a fraternization policy is lacking; expressed support for including a fraternization policy; noted the City of Sunnyvale adopts its Code of Conduct on the Consent Calendar annually and updates the contents regularly.
Vice Mayor Knox White stated the City of Sunnyvale Code of Conduct handbook answers many questions; the Sunnyvale handbook is about ethics and behavior; there are long-standing issues and questions that repeatedly arise related to agenda setting in the Alameda version; expressed support for adopting a version of the Sunnyvale handbook, with the expansion to all elected officials that are able to be covered, and referencing the Brown Act; discussed social media in relation to the Brown Act.
Councilmember Oddie stated that he read an article noting a violation in which three or more Councilmembers press “like” [on a social media post] being an expression of support.
Vice Mayor Knox White stated Councilmembers should trust that other members will look through social media content prior to joining; outlined an instance where he did not comment on social media content since two other Councilmembers already posted; stated a lack of social media presence is not the answer; expressed concern over banning social media commenting; stated if a problem occurs, time can be set aside at the following workshop to discuss.
Councilmember Vella stated Councilmembers click “like” to acknowledge the original poster as heard; Councilmembers want to be responsive, but it can be difficult on social media; expressed concern for excessive censorship, unresponsiveness, or engaging in an item that is not up for Council discussion.
Councilmember Daysog stated the purpose of discussing a Code of Conduct relates to inquiries made by Councilmembers about City Manager administrative tasks and prohibitions on Councilmembers involving themselves in the appointment of particular positions in City Hall; any Code of Conduct adopted must reflect decisions made; expressed support for Councilmembers never specifically inquiring about or advocating for specific individuals or sets of individuals; stated Councilmembers should have the ability to talk or inquire about jobs and types of characteristics the City Manager is interested in or characteristics desired by Councilmembers; however, the Code of Conduct should prohibit the pursuit or inquiry of appointing named individuals or sets of individuals; Councilmembers may also discuss current Department Heads.
Mayor Ezzy Ashcraft outlined the Executive Summary; stated this is an opportunity to better prepare the current and future Councils; a clear set of guidelines will equip all to perform as best as possible; expressed support for the Sunnyvale handbook; stated the Sunnyvale handbook lacks specific references to the Alameda Charter; expressed support for melding the Sunnyvale handbook with references to the Alameda Charter; stated that she would like quotes omitted; a social media policy should be discussed.
Councilmember Oddie stated that the Sunnyvale handbook dedicates two pages to analysis of member inquiries to staff; many concerns could be addressed; discussed the prohibition of Council interference; stated there needs to be guidance related to what is and is not allowed regarding employees that do not directly report to Council; expressed support for including the analysis of an inquiry in the handbook; noted the Sunnyvale handbook contains information about prohibition of interference.
Mayor Ezzy Ashcraft expressed support for including specific reference to the Alameda City Charter.
Councilmember Vella stated the Sunnyvale handbook includes an interpretation of its Charter; Council has been tasked with interpreting how the Charter is applied; referencing the Charter section would prove helpful; discussed current Charter language related to Council interference; stated outlining and defining terms would be helpful; mentioned the City Manager duties related to staff appointments; stated Sunnyvale’s Charter language is similar to the Alameda City Charter.
Mayor Ezzy Ashcraft expressed support for a glossary of terms.
Councilmember Oddie stated the Sunnyvale handbook includes sanctions and guidelines in the event of an issue; outlined a previous event involving officer discipline.
Mayor Ezzy Ashcraft summarized the direction being provided to staff; stated Council supports the language included in the Sunnyvale handbook, minus the quotes and incorporating specific Alameda Charter items.
Councilmember Vella requested a fraternization policy be added.
Mayor Ezzy Ashcraft stated the item is a Code of Conduct for the City Council and other elected and appointed members; expressed support for further discussion.
Vice Mayor Knox White inquired whether a motion will be made or will direction to staff be provided.
Mayor Ezzy Ashcraft stated the City Manager is not expecting adoption; outlined staff recommendations; requested direction from the City Attorney.
The City Attorney responded Council motions are acceptable; stated specificity would be most helpful.
The City Manager stated that he can accept either a motion or direction; stated the better direction provided, the better response.
Vice Mayor Knox White moved approval of directing staff to return to the Council with a Code of Ethics that is very much based on the Sunnyvale document and consider adding or determining where the appropriate place to provide additional items: agenda setting, fraternization, etc., which may not belong in the ethics but could come back to Council to address said issues.
Mayor Ezzy Ashcraft questioned if fraternization is among Councilmembers and Board and Commission members, which is what the handbook is addressing.
Councilmember Oddie stated the handbook should be for all elected officials.
Vice Mayor Knox White stated staff can be included as well.
Mayor Ezzy Ashcraft stated the document is a City Council Code of Conduct and Councilmember handbook.
Vice Mayor Knox White stated there is an interest and it overlays with elected officials and appointed officials; expressed support for considering expanding it to staff; requested staff to consider and come back with a recommendation.
Mayor Ezzy Ashcraft stated that she respectfully disagrees; it is not the City Council’s place to implement policies for the staff; especially under the current item, which is a City Council handbook.
The City Attorney stated the Council’s concerns have been heard; that he and the City Manager will work together to bring back an appropriate item.
Vice Mayor Knox White continued the motion to include that direction for consideration, but it also includes the direction to include social media language that does not prohibit, but does highlight Brown Act considerations.
Mayor Ezzy Ashcraft inquired whether the direction is to bring back a staff fraternization policy.
Vice Mayor Knox White responded the direction is to consider whether to return with a fraternization policy.
In response to Mayor Ezzy Ashcraft’s inquiry whether it is appropriate, Vice Mayor Knox White stated the direction is not to implement; staff may return to Council and state a policy currently exists.
Mayor Ezzy Ashcraft questioned referring to City staff when the item being discussed is a City Council handbook.
Vice Mayor Knox White stated it refers to elected and appointed officials, but also could be broadened to include City staff; there has been no indication that the minor amendment to include City staff is inappropriate; everyone should abide by the same rules.
The City Attorney stated that he and the City Manager understand there is interest in bringing information back; the information will be brought forth in whatever appropriate form.
Councilmember Oddie seconded the motion.
Under discussion, Councilmember Daysog stated that he will support the motion based on the importance of language returning to Council for determination; expressed support for language regarding interference in the appointment process; stated the City Council does have a role with Department Heads in the Charter; Council determines the offices of the departments and the City Manager then fills the offices; Council may change the composition at its pleasure; there is a review process listed under Item 2-3.
Mayor Ezzy Ashcraft stated that she would like to remain consistent with the recommendations of the civil Grand Jury.
Councilmember Oddie requested parts of the Alameda Charter and Sunshine Ordinance not be cut and pasted, rather it should be incorporated by reference.
On the call for the question, the motion carried by unanimous voice vote - 5.
CITY MANAGER COMMUNICATIONS
(19- ) The City Manager announced that people can pin areas where they have felt unsafe walking or biking in Alameda at: www.ActiveAlameda.org; expressed appreciation for the Alameda Firefighters Toy Drive program; announced the last toy pickup is December 18th; announced a cannabis operating permit has been sent out; wished everyone happy holidays.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(19- ) Consider Resolution No. 15626, “Supporting the Alameda Unified School District’s (AUSD) “Alameda Teacher/Staff Retention” Measure.” Adopted. (Vice Mayor Knox White/Councilmember Oddie).
Vice Mayor Knox White and Councilmember Oddie made brief comments regarding the referral.
Mayor Ezzy Ashcraft stated that she met with the School Board President to express her support; there is a need to attract and retain teachers.
Mayor Ezzy Ashcraft moved adoption of the resolution supporting the AUSD Alameda Teacher/Staff Retention Measure.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
COUNCIL COMMUNICATIONS
(19- ) Councilmember Vella announced an upcoming Lead Abatement meeting; outlined a previous Lead Abatement meeting; stated the Healthy Homes Department is looking at eventually increasing its assessment.
(19- ) Vice Mayor Knox White announced that he met with the Earhart School Parent Teacher Association (PTA) about traffic safety concerns; stated that he is continuing to look for bold and new implementation ideas for traffic safety.
(19- ) Councilmember Oddie announced Stop Waste’s desire for adoption of a model ordinance regarding take-out food containers being compostable; stated the matter will be placed on the next Council agenda under Council Communication to seek Council feedback; made an announcement regarding the Shop with a Cop event.
(19- ) Mayor Ezzy Ashcraft made announcements regarding an Association for Bay Area Governments (AGBAG) meeting, which discussed the Regional Housing Needs Allocation (RHNA) numbers, a meeting in Napa hosted by the League of California Cities, which discussed the top priorities of housing and homelessness, an interview with KRON 4 about Alameda Point, and a Jammie [pajama] Drive; expressed appreciation for the Assistant City Manager attending a meeting related to homelessness; announced Alameda would be hosting the Alameda County Mayor’s Conference February 12, 2020 at Penumbra.
(19- ) Councilmember Vella made an announcement regarding the tree lighting and the annual holiday home tour.
(19- ) Mayor Ezzy Ashcraft announced two upcoming menorah lightings.
ADJOURNMENT
(19- ) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting with a moment of silence in memory of Ann Bartalini at 10:19 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
WEDNESDAY- -DECEMBER 18, 2019- -12:15 P.M.
Mayor Ezzy Ashcraft convened the meeting at 12:21 p.m. and made brief welcome comments.
ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5.
[Note: Councilmember Daysog arrived at 1:40 p.m.]
Absent: None.
WORKSHOP
(19-145) Workshop Setting Priorities for Fiscal Year 2020-21 and Reviewing Effective Practices for Elected Officials and Staff
The Management Partners report on the workshop is attached hereto and made part of the minutes by reference.
Nancy Hetrick and Lisa Phan, Management Partners, introduced themselves.
Ms. Hetrick gave a Power Point presentation guiding the workshop.
Council participated in an exercise: hidden gem.
The City Manager made brief comments.
The City Council provided input on priority initiatives under three focus areas, which were gathered from a Council survey prior to the meeting.
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Councilmember Oddie left the meeting at 1:08 p.m. and returned at 1:10 p.m. Mayor Ezzy Ashcraft called a recessed at 1:45 p.m. and reconvened the meeting at 2:00 p.m. Councilmember Vella returned at 2:04 p.m.
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The City Council continued to provide input on priority initiatives under the remaining two focus areas, which were gathered from a Council survey prior to the meeting.
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Mayor Ezzy Ashcraft called a recessed at 2:58 p.m. and reconvened the meeting at 3:20 p.m. Councilmember Vella returned at 3:22 p.m.
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Ms. Hetrick facilitated a discussion on effective practices, including completion of a self-assessment exercise.
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Councilmember Oddie left the meeting at 4:01 p.m. and returned at 4:03 p.m.
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Ms. Hetrick wrapped up the meeting and had Council complete evaluation forms.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 4:39 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.