Title
Minutes of the Special and Regular Meetings Held on June 16, 2020 and the Special Meeting Held on June 17, 2020. (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -JUNE 16, 2020- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:00 p.m.
Roll Call - Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was held via WebEx.]
Absent: None.
Consent Calendar
Vice Mayor Knox White moved approval of the Consent Calendar.
Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. [Absent: Councilmember Vella - 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*20- ) Recommendation to approve Gerry Beaudin, Assistant City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community Development Director, Andrew Thomas, Planning, Building and Transportation Director, and Nanette Mocanu, Assistant Community Development Director, as Real Property Negotiators for approximately five acres of Tidelands property, commonly known as Encinal Terminals. Accepted.
(*20- ) Recommendation to approve Amy Wooldridge, Recreation and Parks Director, Eric Levitt, City Manager, and Michael Roush, Assistant City Attorney as Real Property Negotiators for Greenway Golf lease agreement. Accepted.
The meeting was adjourned to Closed Session to consider:
(20- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Site A at Alameda Point; City Negotiators: Eric J. Levitt, City Manager; Debbie Potter, Community Development Director; Michelle Giles, Redevelopment Project Manager; and Lisa Nelson Maxwell, Assistant City Attorney; Negotiating Parties: City of Alameda and Alameda Point Partners: Under Negotiation: Price and Terms.
(20- ) Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code Section 54956.9); Cases Name: CSAA Insurance v City of Alameda; Court: Alameda County Superior Court; Case No.: RG 19032299
(20- ) Conference with Legal Counsel - Anticipated Litigation (Initiation of Litigation Pursuant to Government Code Section 54956.9); Number of Cases: One (As Plaintiff - City of Alameda Initiating Legal Action.
(20- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Greenway Golf, 1 Clubhouse Memorial Road, Alameda, CA; City Negotiators: Eric J. Levitt, City Manager; Michael Roush, Assistant City Attorney, and Amy Wooldridge, Recreation and Parks Director; Negotiating Parties: City of Alameda and Greenway Golf: Under Negotiation: Price and Terms.
(20- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Encinal Terminals, 1521 Buena Vista Avenue (APN 072-0382-001, 002 and 72-0383-03, Alameda, CA; City Negotiators: Gerry Beaudin, Assistant City Manager; Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community Development Director, Andrew Thomas, Planning, Building and Transportation Director, and Nanette Mocanu, Assistant Community Development Director; Negotiating Parties: City of Alameda and North Waterfront Cove, LLC: Under Negotiation: Price and Terms.
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Site A at Alameda Point, staff provided information and Council provided direction and no vote was taken; regarding Existing Litigation, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; regarding Anticipated Litigation, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: No; Ayes: 3. Noes: 2; regarding Greenway Golf, staff provided information and Council provided direction with no vote taken; and regarding Encinal Terminals, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. Noes: 1.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:54 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 MEETING OF THE CITY COUNCIL
TUESDAY- -JUNE 16, 2020- -6:59 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:09 p.m.
ROLL CALL - Present: Councilmember Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]
Absent: None.
AGENDA ITEMS
(20- ) Consider Amending Sunshine Ordinance Section 2-91.4 (f) Pertaining to Special Meetings. (Counclimember Vella)
Councilmember Vella questioned how notice of special meetings can be provided to make people aware; noted Council is aware of special meetings, but not everyone else; expressed support for the Open Government Commission (OGC) weighing-in on the matter and providing suggestions; stated that an option would be to have the special meeting agendized and noted on the regular agendas or announced 12 days in advance to give people sufficient time.
Mayor Ezzy Ashcraft inquired whether the OGC will review for Council consideration.
Councilmember Vella responded that since the OGC is meeting soon, there will likely be input; stated since the Commission is already looking into the Sunshine Ordinance, now is a good time to review special meetings and have the matter return to Council.
Vice Mayor Knox White expressed support for sending focused direction to the OGC on special meeting noticing and to consider how to deal with urgent [emergency] meetings; stated the OGC can provide recommendations in an expeditious manner.
Councilmember Oddie expressed support for input from the OGC and for consideration of Mr. Foreman’s suggestions.
Vice Mayor Knox White stated that he would like recommendations on legal noticing requirements; expressed support for input from the OGC on notification guidelines, such as channels, which must be used for all meetings.
Mayor Ezzy Ashcraft stated that she would like the OGC to consider the reasons for calling special meetings; the reasons for special meetings can vary; noted a special meeting is being held June 17; stated enough time to allow input from the public and deliberation from Council is needed without items being tacked onto a regular meeting which might already go late; noticing and uniformity is important; not all special meetings are necessarily equal; transparency and access to meetings also means not having meetings run late.
Councilmember Daysog expressed support for having further conversations related to the way special meetings are processed and conducted and for receiving input from the OGC.
Councilmember Vella expressed support for notifying as many people across platforms with as much notice possible regarding special meetings; stated media noticing is defined specifically; due to COVID, meetings have been noticed in a different way.
Mayor Ezzy Ashcraft inquired whether there will be different noticing standards for special and regular Council meetings.
Councilmember Vella responded in the negative; stated both regular and special meeting noticing could be the same.
Mayor Ezzy Ashcraft stated this is the new normal; Council must ensure the rules which govern Council are kept up to date with changing times.
Councilmember Vella moved approval of incorporating Council comments and for staff to bring the matter to the OGC for input, keeping in mind Council comments and direction.
Councilmember Oddie seconded the motion.
Under discussion, Vice Mayor Knox White inquired whether the item includes Charter language or whether the item is being presented in a broader form.
Councilmember Vella responded the matter is being presented in a broader form, while incorporating Council comments; noted that the matter should return to Council for discussion and action.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:20 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- -JUNE 16, 2020- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:20 p.m.
ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]
Absent: None.
AGENDA CHANGES
(20- ) Vice Mayor Knox White inquired whether the Boatworks Appeal [paragraph no. 20- ] and the budget [paragraph no. 20- ] could be heard first on the regular agenda.
Mayor Ezzy Ashcraft inquired the current amount of public comment for each item.
The City Clerk responded there is no way to indicate the amount via Zoom; stated a number of comments have been submitted for the budget item.
Councilmember Oddie inquired whether the Proposition 4 Appropriations Limit [paragraph no. 20- ] item must be heard prior to the budget.
The City Attorney responded the Appropriations Limit item must be heard prior to the budget.
Mayor Ezzy Ashcraft inquired whether the delinquent waste bills [paragraph no. 20- ] and the ordinance revising the City’s sewer service charges [paragraph no. 20- ] item will be quick.
The City Clerk responded public comment has not been received for the items; noted the ordinance revising the sewer service charges [paragraph no. 20- ] item has a protest which can be submitted up to during the hearing and a staff person is awaiting potential protests in front of City Hall; stated any protests be received must be tallied.
Vice Mayor Knox White moved approval of hearing the regular agenda items as follows: the delinquent waste bills, the Boatworks appeal, the Appropriations Limit, and the budget.
Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(20- ) Mayor Ezzy Ashcraft read a proclamation declaring June 19, 2020 as Juneteenth Day.
(20- ) Mayor Ezzy Ashcraft, Vice Mayor Knox White, Councilmember Oddie, Councilmember Daysog and Councilmember Vella made comments thanking the Public Works Director for his service to Alameda.
AGENDA CHANGES
(20- ) The City Manager noted a staff person is outside for the ordinance revising the sewer service charges.
Mayor Ezzy Ashcraft inquired whether the protests have a time limit.
The City Clerk responded there is no time specific; stated the notice informs protests are able to be received up until the item is heard; should the matter be moved back up in the agenda, protests may still be submitted.
Mayor Ezzy Ashcraft inquired whether protests have been received.
The City Clerk responded that she should receive a response by the time oral communications are heard.
ORAL COMMUNICATIONS, NON-AGENDA
(20- ) Ben Calica, Alameda, discussed contacting non-emergency Police dispatch; stated any decision to no longer dispatch non-criminal calls should be discussed publicly.
(20- ) Grover Wehman-Brown, Alameda, expressed concern about the framing of the June 17, 2020 special meeting; stated many reforms have been implemented and have not worked; urged Council to keep the meeting flexible, respond to community needs, create a process to listen and respond to the needs of Black residents, ask staff to implement tools to ensure the community is able to transparently asses the current status and funds being used by the Police, and consider the community proposals to shift funding from Police.
(20- ) Amaya Edwards, Alameda, discussed organizing Alameda Youth in response to unjust killings and harassment of Black people; urged Council to: release the names of officers involved in the arrest of Mr. Watkins, place the involved officers on Administrative Leave pending investigation, defund the Police, reinvest in community-based alternatives to 911, provide a quarterly release of Police use of force and arrest by race data, allow independent oversight to review Police conduct, remove all law enforcement from schools and reinvest in education; and not to allow Police to turn off body worn cameras while active.
The following public comments were read into the record:
(20- ) Anonymous Alameda Resident expressed concern about divesting the Police force; urged Council to increase Police force, keep officers on school grounds, and increase the Police budget.
(20- ) Ruth Abbe, Community Action for a Sustainable Alameda (CASA), expressed gratitude toward the Public Works Director for his service to Alameda related to sustainability initiatives.
Additional Zoom comment:
(20- ) Jono Soglin, Alameda, urged Council not to combine the cleanup and the City Prosecutor Charter amendments; stated mass incarceration has been trending down while criminal justice reform has trended up; criminal prosecutions should not be increased; urged Council to review actions of the prosecutorial unit; stated that he would like to approve the cleanup language without having it with the City Attorney’s authority to prosecute crimes; expressed concern about the lack of a second to Vice Mayor Knox White’s motion related to repealing Section 26-3 of the Charter, the digital divide impeding public participation and Section 26-3 repeal being unknown; stated an easy solution is to set the effective date out 18 months or two years.
CONSENT CALENDAR
The City Clerk announced that the contract for legal notices [paragraph no. 20- ], the staffing services agreement [paragraph no. 20- ], the rent program regulatory fee study [paragraph no. 20- ], and the Engineer’s Report for Island City Landscaping and Lighting District 84-2 [paragraph no. 20- ] were removed from the Consent Calendar for discussion.
Vice Mayor Knox White moved approval of the remainder of the Consent Calendar.
Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*20- ) Minutes of the Special Meetings Held on May 6, 2020 and May 7, 2020; and the Special and Regular Meetings Held on May 19, 2020; the Special Meeting Held on May 20, 2020 and the May 19, 2020 Continued Regular Meeting Held on May 20, 2020. Approved.
(*20- ) Ratified bills in the amount of $2,760,734.24. Accepted.
(20- ) Recommendation to Award a Contract for the Publication of Legal Notices to the Alameda Sun for Fiscal Year 2020-21.
The following public comment was read into the record:
Expressed concern about the Alameda Sun’s circulation; urged Council not to award the contract to the Sun: Erin Fraser, Alameda.
Councilmember Daysog stated the circulation for Alameda Sun is distributed at roughly 4,000 which is below the 2019 audit; expressed support for staff’s recommendation; stated a lower distribution is likely due to impacts from COVID-19 and that he hopes for a turnaround which brings the distribution higher than 4,000.
Councilmember Oddie expressed support; stated the Alameda Sun is still publishing; he would like the Sun to stay and be successful; a discussion related to a different vendor may need to happen in the future; the Charter requires the City to have an official newspaper.
Vice Mayor Knox White moved approval of the staff recommendation; inquired whether the item could return in six months for review; noted meetings still need to be properly noticed.
The City Clerk responded the Charter requires a one year contract; suggested the City Attorney provide an opinion.
Councilmember Vella stated that she would like more information related to how this matter ties into the special meeting discussion of properly noticed meetings; expressed support for input from staff.
Mayor Ezzy Ashcraft stated some residents are not online and are part of the digital divide; many receive news from the newspaper; expressed support for small local businesses and meeting noticing requirements.
The City Attorney stated the Charter requires an annual contract award from Council; Council may request additional review; staff recommends the contract be awarded on an annual basis; the Charter allows for the City to mail notices, however the process is burdensome and is not recommended; the Charter may be amended if desired but is subject to Council direction and voter approval.
Mayor Ezzy Ashcraft inquired the term expiration of the current contract, to which the City Clerk responded June 30.
Mayor Ezzy Ashcraft inquired what would occur should Alameda Sun no longer exist or the business terminates.
The City Attorney responded the contract will need to be revisited; stated the City Clerk would promptly select another designated newspaper while mailing notices until approved.
Vice Mayor Knox White stated the review is not needed; should the Alameda Sun no longer exist while the contract is still active, Council may discuss the matter at that time.
Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*20- ) Recommendation to Authorize the City Manager or Designee to Execute an Amendment to the Agreement with Innovative Interfaces, Inc. for the Polaris Integrated Library System by Extending the Term Two Years and Adding the LINK+ Resource Sharing Network for an Amount Not to Exceed $122,618 for a Total Seven-Year Cost in an Amount Not to Exceed $522,618. Accepted.
(*20- ) Recommendation to Authorize the City Manager to Negotiate and Execute an Amendment to the Agreement with the Califa Group to Maintain the Connection with the CENIC High Speed Fiber Network for an Additional Five Years at a Total Cost of $65,000 for a Total Contract Cost of $133,230. Accepted.
(*20- ) Recommendation to Authorize the City Attorney to Execute a Second Amendment to the Agreement with Sedgwick Claims Management Services, Inc. for Professional Services as the Third Party Administrator of the City of Alameda’s Self-Insured Workers’ Compensation Program, Extending the Term One Year with the Option of an Additional One Year Extension, for a Total Two Year Compensation Not to Exceed $333,507. Accepted.
(*20- ) Recommendation to Authorize the City Manager to Execute Four, Five-Year Agreements, in the Amount of $100,000 Each per Fiscal Year to BSK Associates, Construction Testing Services, ENGEO and Ninyo & Moore for On-Call Geotechnical Engineering and Construction Testing Consulting Services for a Total Cumulative Amount Not to Exceed $500,000 for Each Agreement. Accepted.
(*20- ) Recommendation to Authorize the City Manager to Award a Third Amendment to Agreement, for a Total Five-Year Expenditure Not to Exceed $148,218, to Dream Ride Elevator for Full Service Elevator Maintenance and Repairs in City Buildings (Various Locations). Accepted.
(*20- ) Recommendation to Authorize the City Manager to Execute a Five-Year Contract in an Amount Not to Exceed $598,856.92, to Clean Lakes, Inc. for Vegetation Management and Water Quality Services for the Alameda West Lagoons. Accepted.
(*20- ) Recommendation to Authorize the City Manager to Execute a One Year Agreement with Schaaf & Wheeler in an Amount Not to Exceed $544,392 for the Preparation of Engineering Documents for the Upgrade of the City of Alameda Sewer Pump Stations, Phase 5. Accepted.
(20- ) Recommendation to Authorize the City Manager to Execute a Three-Year Staffing Services Agreement Between the City of Alameda and the Housing Authority of the City of Alameda for $1,294,970 for Fiscal Year 2020-21, $1,376,529, for Fiscal Year 2021-22, and $1,471,870 for Fiscal Year 2022-23, to Administer the Rent Control Ordinance (Ordinance No. 3250) and Implementing Regulations for the City of Alameda’s Rent Program.
Councilmember Daysog stated that he does not support the rent control measures in place; expressed support for the matter due to the need for program administration.
Vice Mayor Knox White moved approval of the staff recommendation.
Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*20- ) Recommendation to: Authorize the City Manager to Execute a First Amendment to the Services Agreement for Fiscal Years 2019-2020 and 2020-2021 between the City of Alameda and the Housing Authority of the City of Alameda Amending the Scope of Work and Budget Concerning the City’s Administration of Certain Services Including the Community Development Block Grant and HOME Programs, and Extending the Term of the Service Agreement to June 30, 2023; and
(*20- A) Resolution No. 15659, “Approving a Workforce Change in the Community Development Department to Allocate One Classification, Community Development Program Manager, Effective August 1, 2020.” Adopted.
(20- ) Recommendation to Receive the Fiscal Year 2020-21 Rent Program Regulatory Fee Study; and
(20- A) Resolution No. 15660, “Adopting a Tier-Structured Annual Rent Program Fee for the City’s Rent Control, Limitation on Evictions and Relocation Payments Ordinance and Implementing Regulations: $132 for “Fully Regulated Units” and $84 for “Partially Regulated Units”.” Adopted.
Councilmember Daysog stated that he does not support the matter since it is enhancement of the rent control regime.
Councilmember Oddie moved approval of the staff recommendation and related resolution.
Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes, 1.
(*20- ) Resolution No. 15661, “Amending the City of Alameda’s Conflict of Interest Code to Reflect Current Classifications and Boards, Commissions and Committees to be Included in the City’s Conflict of Interest Code; and (b) Rescinding Resolution No. 15467.” Adopted.
(*20- ) Resolution No. 15662, “Amending the Capital Improvement Budget for Krusi Park Recreation Center Replacement for Fiscal Year 2019-20 in the Amount of $131,000 from the Fund Balance of the Recreation Fund for Additional Construction Expenditures and Furnishings and Fixtures.” Adopted.
(*20- ) Resolution No. 15663, “Approving the City’s Participation in the Institute for Local Government’s Beacon Program.” Adopted.
(*20- ) Resolution No. 15664, “Continuing the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(c).” Adopted.
(20- ) Resolution No. 15665, “Approving the Engineer's Report, Confirming Diagram and Assessment Ordering the Levy of Assessments for the Island City Landscaping and Lighting District 84-2, All Zones (Various Locations).” Adopted.
Councilmember Daysog recused himself and left the meeting.
Vice Mayor Knox White moved adoption of the resolution.
Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Absent; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Absent: 1.
(20- ) Adoption of Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments For Maintenance Assessment District 01-1 (Marina Cove). Not heard.
AGENDA CHANGES
(20- ) The City Clerk announced that no additional protests have been submitted for the City’s sewer service charges [paragraph no. 20- ]; stated the matter should not take long to complete.
Mayor Ezzy Ashcraft made an announcement related to the engagement of Councilmembers the meeting.
Councilmember Vella inquired whether the previously approved agenda changes are being changed once more.
Mayor Ezzy Ashcraft noted a staff member must be present outside of City Hall in order to receive any protests; stated the item should be heard in a timely manner.
Councilmember Vella moved approval of hearing the agenda items as-listed on the original agenda.
Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
REGULAR AGENDA ITEMS
(20- ) Public Hearing to Consider Collection of Delinquent Integrated Waste Management Accounts Via Property Tax Bills.
The Public Works Coordinator made a brief presentation.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Vella seconded the motion.
Under discussion, Councilmember Oddie stated that he was hesitant in his support of the item based on the financial constraints due to COVID-19; noted staff has indicated the tax cannot attempt to be implemented for another year should the matter not pass; stated that he is reluctantly supportive and sympathetic to those impacted by COVID-19.
On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(20- ) Introduction of Ordinance Revising the City’s Sewer Service Charges. Introduced.
The City Manager announced the current Deputy Public Works Director will be the Interim Public Works Director when the current Public Works Director leaves.
The Deputy Public Works Director made a brief presentation.
Councilmember Oddie moved approval of the staff recommendation, including introduction of the ordinance.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Daysog stated Alameda has a much lower rate compared to surrounding cities; expressed support for the rate.
On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(20- ) Public Hearing to Consider an Appeal of Certain Conditions of Approval Imposed by Planning Board Resolution No. PB-20-10 Approving a Waiver of the Universal Residential Design Ordinance (Alameda Municipal Code Section 30-18) for the Proposed Development at 2229 - 2235 Clement Avenue; Applicant: Boatworks, LLC and;
(20- A) Resolution No. 15666, “Approving Appeal Filed by Boatworks, LLC and Approving a Waiver of the Universal Residential Design Requirements (Alameda Municipal Code Section 30-18) for the Boatworks Development at 2229 - 2235 Clement Avenue.” Adopted.
The Planning, Building and Transportation Director gave a brief presentation.
Stated the Commission on Persons with Disabilities voted against granting the waiver; the waiver guts the universal design ordinance; Boatworks did not demonstrate financial infeasibility; projects should move forward due to the housing crisis, however, the waiver lacks sincerity; access through the garage was not presented; discussed the Commission on Persons with Disabilities’ request for Boatworks looking into other ways to include accessibility: Beth Kenny, Commission on Persons with Disabilities.
Stated the Applicant is willing to consider and look at additional accessibility possibilities; noted limitations have been reviewed for maximum accessibility given the approved layouts; the Code does not allow for access through the garage; access must be provided through the door; additional accessibility options will be explored: Shona Armstrong, Boatworks.
The Planning, Building and Transportation Director stated that the project was designed in 2011; the changes resolves a series of issues that have revolved around the project; the design could be better, had it been able to be redesigned under the present standards; staff does not have the luxury of starting over from scratch; the project must move forward and be completed; the community as a whole can stay committed to the universal design ordinance; the project is more of an anomaly and not a new standard.
Mayor Ezzy Ashcraft inquired whether it is still possible to enter a townhome unit through the garage.
The Planning, Building and Transportation Director responded a number of the units have everything needed to be universal design; stated the issue lies in meeting the grade for a wheelchair to get from either the alley or the sidewalk into the unit; the needed 5% grade requirement cannot be met on either side; each house may be reviewed in order to meet legal standards.
Mayor Ezzy Ashcraft inquired whether there is still a percentage of units that are accessible.
The Planning, Building and Transportation Director responded in the affirmative; stated the standard in the ordinance requires 30% universal design and 100% visitability; this project has 15% universal design and 50% visitability; the project meets 50% of the requirements for both criteria.
Stated the project far exceeds the State’s accessibility; Boatworks is reworking the current proposal to accommodate the recommendations as best as possible: Robert McGillis, Boatworks.
Councilmember Oddie inquired the numbers for other projects that were approved prior to universal design.
The Planning, Building and Transportation Director responded more recent projects have been closer to 15%; stated the project were completed prior to the universal design ordinance; townhomes are difficult to have visitability; Alameda Marina doubled the universal design standard due to the housing type; however, a waiver was needed for visitability; the ordinance is not difficult to meet with multi-family housing units which have elevators; townhomes create a problematic environment.
Vice Mayor Knox White stated although townhomes are difficult for many reasons, they pay for the infrastructure on projects; it is not easy to grant waivers; the project has been planned since 2011; projects work better when universal design goals are disclosed ahead of time; the project would need to be recreated from scratch in order to meet the updated ordinance.
Vice Mayor Knox White moved approval of the staff recommendation [including adoption of the resolution].
Councilmember Oddie seconded the motion.
Under discussion, Mayor Ezzy Ashcraft stated that she appreciates the work of the Commission on Persons with Disabilities; noted the project has struggled; stated a good faith effort has gone into the request; some visitability can be offered through the garage; the City has struggled to get housing built in desirable locations; expressed support.
Councilmember Vella stated that her expectation is for continued efforts; staff will continue to follow up to ensure units are as functionally universal as possible; expressed support.
Councilmember Daysog stated that he will continue to vote no on the project; noted the comments from Ms. Kenny are powerful and should be kept in mind for future projects.
Councilmember Oddie stated the matter took time to digest; the project was approved nine years ago; noted approval of the matter is another example of Council turning the page after years of litigation; expressed support for comments provided by Ms. Armstrong; stated the City has provided one good faith effort which should be responded to in kind by another good faith effort.
Mayor Ezzy Ashcraft stated there is much potential to be realized.
On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(20- ) Public Hearing to Consider Adoption of the Community Development Block Grant(CDBG)/HOME Partnership Investment Program (HOME) Five-Year Strategic Plan for FY 2020-25 and the FY 2020-21 CDBG/HOME Action Plan; and Authorize the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications.
Thanked the City for allocating the extra CDBG funds for emergency shelter needs; stated a group has been meeting since the beginning of the pandemic to discuss needs of domestic abuse survivors; the City jumped at the opportunity prior to being asked and should be proud; the needs of survivors will continue and are significant: Erin Scott, Family Violence Law Center.
Discussed the role of 2-1-1 in response to disaster preparedness; stated call volume has increased by 40% since the beginning of the shelter-in-place; discussed updates to 2-1-1 services; stated there is a text campaign which can be accessed by texting “coronavirus” to 211211: Alison DeJung, Eden I&R.
Stated that she is proud to be a City agency; staff has been impressive in the approach to the domestic violence crisis during COVID; the funding will help address the issues within Alameda; expressed support for putting funding towards the Midway Shelter; noted Building Futures will be administering the funds for rent relief program: Liz Varela, Building Futures with Women and Children.
Mayor Ezzy Ashcraft requested an overview of Exhibit 5.
The Housing Authority Management Analyst stated the school-based mental health is a new program provided by Alameda Family Services; emergency case management will be offered for the first time with CDBG funds; improvements will be made to the Alameda Food Bank warehouse; health and safety improvements will be made to the Midway Shelter; Woodstock Park will also be improved, along with the Safe Parking Program and the day center.
Councilmember Oddie moved approval of the staff recommendation.
Vice Mayor Knox White seconded the motion.
Under discussion, Councilmember Vella stated the partnership with Alameda Family Services is valuable.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(20- ) Introduction of Ordinance Authorizing the City Manager or Designee to Execute a Third Amendment to the License with Amber Kinetics, Inc., a California Corporation, for the Unimproved Lot Located at 641 West Red Line Avenue in Alameda to Extend the Term for 12 Months and Provide for One 12-Month Extension Option. Introduced.
The Assistant Community Development Director gave a brief presentation.
Councilmember Oddie inquired whether the matter is for a license versus a tenant lease.
The Assistant Community Development Director responded licenses do not typically come before Council unless the term exceeds five years.
Vice Mayor Knox White moved approval of the staff recommendation including related ordinance.
Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(20- ) Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2020-21; and
(20- A) Resolution No. 15667, “Establishing the Appropriations Limit for Fiscal Year 2020-21.” Adopted.
The Budget Manager gave a brief presentation.
Councilmember Oddie moved approval of the staff recommendation and related resolution.
Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
***
Mayor Ezzy Ashcraft called a recess of the meeting at 9:11 p.m. and reconvened the meeting at 9:25 p.m.
***
(20- ) Resolution No. 15668, “Approving and Adopting the City of Alameda Operating and Capital Budget Mid-Cycle Update for Fiscal Year 2020-21.” Adopted; and
(20- A) Resolution No. 15669, “Approving Workforce Changes and Amending the Management and Confidential Employees Association Salary Schedule Effective July 1, 2020.” Adopted; and
(20- B) Recommendation to Accept Report on Settlements Approved Between November 1, 2019 and May 1, 2020.
The City Manager and Budget Manager gave a Power Point presentation.
Councilmember Vella inquired whether the budget includes providing acting pay to the Fire Chief position, to which the City Manager responded in the affirmative.
Councilmember Vella inquired whether a chain of acting pay is created.
The City Manager responded there can be a chain of acting pay, but a chain is not being created by the Acting Fire Chief position.
Councilmember Vella inquired whether there is a limit to the duration of acting pay.
The Human Resources Director responded there is no limit to acting pay; however there are civil service rules and memorandums of understanding related to acting pay limits.
Councilmember Daysog inquired whether the reduction in the Recreation and Park fund is related to Jackson Park playground and recreation activities.
The Recreation and Parks Director responded the $250,000 reduction for the upcoming fiscal year does not affect Jackson Park; stated the allocation for Jackson Park occurred in Fiscal Year 2019-20 and the funds remain under the project fund.
Councilmember Daysog inquired whether other parks will be effected by the reduction in funding.
The Recreation and Parks Director responded in the affirmative; stated an additional park will not be constructed in the upcoming year; noted Bayport Park has been delayed in part due to COVID; stated opening a brand new park while children are unable to visit is not ideal; the delay is for one year.
Councilmember Daysog inquired whether the Police vacancy savings are due to not filling the open Police officer positions.
The City Manager responded in the affirmative; stated the proposed budget amendments show a minimum of five vacancies throughout the year; the same vacancies were projected in the previous year; the item has been highlighted for transparency.
Councilmember Daysog inquired whether the transparency aids Council in understanding the actual budget amount for the Police Department.
The City Manager responded in the affirmative; stated three vacancies, one under Police, one under Fire, and one non-public safety position funded by the General Fund, have been created in order to balance the budget.
Discussed an interaction with the Alameda Police Department (APD); stated Alameda does not have a team of mental health professionals to respond to emergencies; expressed support for the Police not responding to mental health calls; urged Council to redirect Police funding to create one or more civilian positions for trained mental health professionals or social workers to respond to non-criminal 9-1-1 calls: Lorin Salem, Alameda.
Stated a budget is a reflection of values; urged Council to focus on those most in need and defunding Police; discussed reinvesting in community-based alternatives to 9-1-1; urged Council not to adopt the resolution approving the operating and capital budget mid-cycle update unless revised: Shalom Bruhn, People Power and Alameda Youth.
Urged Council to defund the Police and redirect the funds to public education; noted programs at school are being cut; stated teachers are underfunded; urged Council to vote no and postpone the budget: Sophia Kaufman, Alameda High School.
Discussed experiences with the APD; stated APD has made the decision to not respond to mental health calls and is shifting priorities; urged Council to postpone adopting the budget: Ben Calica, Alameda.
Urged Council to reject the current budget resolution, reallocate funding, offer more social work and more professionally trained mental health professionals; discussed articles related to reallocation of funding through California; urged Council to look at anti-racist work: Lily Kotansky, Alameda.
Discussed her experience working with budgets; stated mid-cycle updates are important; noted the community is requesting reallocation of funding to the Police Department; stated waiting until October will not satisfy the community; urged Council to postpone the budget approval: Cheri Johansen, Alameda.
Discussed issues of racism and policing across the country and within the community; stated creating a citizen-led commission and adopting policies that restrict are a necessary step but cannot go far enough; urged Council to provide sufficient checks on the power of Police; stated the Police system was designed to suppress; urged Council to redesign the system of policing and reallocate funding from the Police Department to fund an outside investigation which evaluates Police Department policies, training manuals, and responses: Susanne Heim, Alameda.
Expressed support for defunding the Police; stated the need to review and reallocate the budget is essential; discussed impacts to families with public school aged children; discussed reallocation of programs: Lesie Van Every, Alameda.
Urged Council to listen to the demands of the youth activists and to consider previous comments; expressed support for discussing the public non-housing public services, for redirecting funds and setting priorities; stated continuing changes is critical; urged Council not to pass the budget amendment until an alternative with financially backed anti-racist policies is available: Amy Chu, Alameda.
Stated Alameda does not approve the mid-cycle budget resolution; no detail should be spared when reviewing the Police budget; discussed student fundraising; urged Council to overhaul the budget, and assemble a civilian review board: Kevyn Lauren, Alameda.
Stated defunding the Police has fallen on deaf ears; major cities are making defunding commitments; urged Council to listen to the demands and communities of color; noted more social and mental health services will be funded through defunding Police; urged Council to re-look at the budget, defund the Police, fund social services, vote no and postpone the budget: Vinny Camarillo, Alameda.
The following comments were read into the record:
Discussed experience as a resident of Alameda; urged Council to reject the mid-cycle budget resolution; stated recent protests show a historical turning point in the City of Alameda; urged Council to solicit more input from the community, shift patrol positions, reallocate overtime funding and sell military equipment: Molly Montgomery, Alameda.
Discussed experiences as an Alameda resident; stated policing in America has failed; urged Council to divest from APD and invest in the community; stated inequality exists due to healthcare, housing, social and education systems designed by White people; systemic change is required: Savanna Cheer, Alameda.
Discussed the detention of Mr. Watkins; stated a radical and immediate response was warranted; a vote for the mid-cycle budget is a vote for systemic racism; urged Council to table the budget, shift APD patrol positions and overtime, sell APD’s military grade equipment and vote against systemic racism, the status quo and the mid-cycle budget: Erin Fraser, Alameda.
Urged Council to take immediate action to start the process of addressing systemic and pertinent issues of policing by rejecting the mid-cycle budget; stated the City should maintain the current level of funding for services but invest in other programs; stated a drastic policy and structural change is needed: Nelson Layag, Alameda.
Discussed the nationwide and worldwide protests happening; stated one solution begins with the budget; there is awareness of the need to reallocate the Police budget into other areas of community need; there is an opportunity to reexamine the roles Police play in the community and to examine the possibilities presented by reallocation of funds: Maggie Jacobs, Alameda.
Discussed experiences as an Alameda resident; urged Council to reject the mid-cycle budget resolution; stated the budget fails to represent the community’s demands to divert funds away from Police and reinvest in the community; urged Council to reduce the expenditures for the Police Department by 40% and divert savings by investing in community care: Justine Wolitzer, Alameda.
Discussed Alameda in national news; stated events are the result of the lack of alternatives to the Police; urged Council to immediately reduce the expenditures of the Police Department and invest in community programs: E. Patterson, Alameda.
Discussed APD’s budget; urged all Officers involved in the arrest of Mr. Watkins be investigated without pay and for Council to take action to defund Police, while re-routing funding to trained, unarmed social workers: Jessica O’Brien, Alameda.
Stated the level of funding for Police is disproportionate to education, public health and social services; noted services mitigate many conditions that cause Police deployment; stated the Police should be a public service equal to Firefighting, mail delivery, and social services: Will Robot, Alameda.
Discussed several marches, sit-ins and vigil events; urged Council to end Police terror, place the Officers involved in the arrest of Mr. Watkins on Administrative Leave, to de-fund the Police, for a quarterly release of Police use of force data, independent oversight of Police conduct, removal of law enforcement in schools and the inability to turn off body cameras: Nikki Kim, Alameda Youth.
Stated the allocation of APD budget to purchase, store maintain and distribute tear gas is prohibited under the Geneva Protocol of 1925: Anonymous text message.
Urged Council to reject the current budget and allocate funding by reducing the expenditures for the Police Department by 40%, minimizing the size of the Police force, and removing Officers with high rates of excessive force misconduct; APD should withdraw from Police militarization programs, require officers to be liable for misconduct settlements, discard paid Administrative Leave, limit overtime accrual and pay, and divert savings into first responders trained in mental health and first aid, youth programs, safety, and community care: Rachel Wellman, Alameda.
Discussed experiences as a resident of Alameda; urged Council reject the mid-cycle budget resolution; stated the community is demanding a diversion of City funds away from Police to be placed back into the community: John A., Alameda.
Discussed experience as a resident of Alameda; expressed concern for the conduct of APD; stated Alameda can remain safe and secure by reducing the Police budget; fundamental changes are needed to the Police system in Alameda; funding programs and services which benefit minority communities will pay dividends and proactively reduce crime: Danielle Mieler, Alameda.
Urged Council not to approve the current Police budget; expressed support for decreasing funding for the Police Department and reallocating funds to the community; stated Alameda is not immune to toxic, racist culture; urged Council to view the guidance offered by the 8 to Abolition campaign: Anonymous text message.
Urged Council not to pass the mid-cycle budget resolution; stated the budget update is a failure to represent the community’s recent calls to divert funds away from the Police and reinvest into the community; input from the community is needed on how to move forward with the Police Department budget: Duc Nguyen, Alameda.
Urged Council to look at where racial issues are and to reject and revise the mid-cycle budget resolution; stated the 8 Can’t Wait campaign is not enough and fails to create valuable change to the Police systems; discussed alternatives to the campaign; urged Council to divert funds away from the Police Department and reinvest the funds to parts of the community: Luis Booth, Alameda.
Inquired the reason APD has not released a statement related to Police brutality; discussed Police being removed from schools; stated there are alternatives to Police patrolling; teachers should be paid living wages and education services should be invested in: Anonymous text message.
Expressed support for more policing in Alameda; urged Council to increase funding: Anonymous text message.
Expressed support for keeping APD funded; stated Alameda is a safe place to live due to the Police Department: Anonymous text message.
Urged Council to reallocate funds in the budget from sworn Officers to the hiring of community Officers in assisting non-crime issues in Alameda; stated there are a number of issues no longer being addressed in the business district, which have been detrimental; the change in policing has caused the district to suffer: Linda Asbury, West Alameda Business Association.
Urged Council not to vote in favor of decreasing the budget; listed cities with defunded budgets: Anonymous text Message.
Urged Council not to approve the current Police budget, to decrease funding for the Police Department and to reallocate funding to serve the community in a holistic way; stated Alameda is not immune to the racist culture of policing: Ashley Mullins, Alameda.
Urged Council to reevaluate the mid-cycle budget; expressed concern about systemic racism and Police culture; urged Council to reallocate funds toward mandatory de-escalation training and anti-bias training throughout the Department; discussed experience being a parent in Alameda; urged Council to provide the best for all kids: Dede Lewis, Alameda.
***
(20- ) Vice Mayor Knox White moved approval of suspending the nine minutes of Council speaking time.
Mayor Ezzy Ashcraft inquired whether the time can be extended yet still set to a specific limit.
Vice Mayor Knox White responded that he would prefer the time be open-ended.
Councilmember Vella seconded the motion.
Under discussion, Councilmember Vella stated Council should remain cognizant of the late hour and keep the discussion meaningful.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
***
Councilmember Oddie requested the City Manager to elaborate what is in and not in the mid-cycle budget.
The City Manager responded the City Council passed a two-year budget; stated many cities have an annual budget; should Council not pass a budget at this meeting, the current two year budget would continue as passed in 2019 into the next year with no amendments; Council has the option to change the budget at the current meeting; the impacts are difficult to know; mid-cycle budget updates began in January of 2020; noted COVID-19 has since occurred; many changes have taken place since January; stated staff are responding to changes as they occur; concerns about the budget have arisen since it was first presented in May; redirecting services requires planning; Council may provide direction related to the budget process; another look at the budget will occur in October 2020.
Councilmember Vella stated Council has spent time being responsive and participating with the community; discussed round table discussions; stated the community is embarking on the meaning of transformative change; stated the Police should not be managing a myriad of social problems; people in need should receive care that benefits, instead of criminalizes; ensuring short, medium and long term systemic and systematic response will take time.
Councilmember Vella moved approval of the proposed budget with the following direction: 1) a special City Council meeting will be called before June 30th with one agenda item - “City Council workshop on setting goals, discussing concepts and work planning in support of engaging the Alameda Community in discussions of transforming how our City provides community services, responses and law enforcement and to review and provide direction on policing policies and procedures;” 2) the 2020/21 budget is approved with the direction that it return for further consideration in October with proposed changes identified and developed during the Council and community engagement process; 3) the Council will hold special meetings as needed and work through the August break to facilitate the process for transforming how our City provides community services, responses and law enforcement; 4) staff will return to the Council with a proposal for changing any response protocols for Alameda Police, including any changes announced in May or June of 2020, including any budgetary impacts; 5) all Policing policy changes will be brought to the City Council for approval before implementation, in the instance where changes in State or federal law or courts rule that change is required, changes can be made and brought to the next available Council meeting for ratification, and, if approved, posted to the City website; 6) as the 2019/20 budget had significantly reduced spending for the Police Department that resulted in a nearly $3 million savings, the budget is approved with the following stipulations: 1) hold current vacancies until October budget meeting; 2) grant the City Manager authority to shift funds as needed through October 2020 with continued public reporting, to cover changes in service related to service response policies that are approved by the City Council or have been announced and will be implemented before October 2020; 3) begin the process to sell the Ballistic Armored Tactical Transport response vehicle and return to Council with policies that outline collaboration with regional partners for the rare occasion when such a vehicle may be needed; 4) in an effort to demilitarize our Police Department, funds allocated to APD may not be used to purchase, procure, or maintain military grade equipment, such as tear gas, armored vehicles, etc.; 5) support the proposed removal of City Police staff from Alameda Schools per the agreement made with the Alameda Unified School District (AUSD).
Councilmember Oddie seconded the motion.
Under discussion, Councilmember Oddie stated Council must continue work to solve the problem; some acquired items are not military grade; expressed support for understanding more about military grade and surplus items; stated Council must be forward-looking and focused on outcomes; the budget will follow once the desired Police force is envisioned; all stakeholders must be included early on; the efforts being put forth today need to be more inclusive; elected officials should try to solve problems thought of as unsolvable; outlined previous social issues experienced; stated there is an issue of a lack of empathy outside of policing that must be addressed; stated systemic racism needs to be understood; White people need to do more to help; there is a perception of no accountability and the topic needs to be discussed with the input of the community with a focus on services; the community para-medicine program has had funding cut; expressed support for solutions, analysis and procedures; noted patience for the program is needed.
Vice Mayor Knox White stated there have been questions about the budget; noted Council has already approved a budget for the Police Department and the proposed revision decreases the budget; stated not taking action results in the status quo moving forward; it is important to remember Mr. Watkins was not in need of social services or help; the incident was handled incorrectly the moment the call was made; the City has already removed Resource Officers from schools and the matter is not included in the proposed budget; expressed concern for finding ways which both honor the budget as well as the needs expressed by public comment; reducing a budget by a set number without change does not address impacts; noted Council may not discuss ideas prior to meetings due to the Brown Act and the Sunshine Ordinance; stated the motion is an attempt to answer what has been asked by the community yet also created space for Council’s voice; the special meeting scheduled for tomorrow will be stilted due to the agenda; the motion proposes another special meeting in one week to allow Council to have a broader discussion; Council is making a commitment to meet, set timelines, and hold off on vacancies in order to meet needs as best as possible; Council sets policy direction not only for policing, but the entire City; the community needs to be a part of the input process as Council responds; expressed support for the response of Councilmembers and for anti-racism training.
Councilmember Daysog stated the budget is important and reflects the values of the community; Council discussions are related to tragedies stemming from Minneapolis, Atlanta, and Alameda; stated democracy in action is seeing people mobilizing around specific agendas locally and nationally; people power is important to make change; effective democracy occurs through a republic; Council must speak truthfully, candidly, and honestly; stated that he does not support a reduction of the Police budget by 40%; expressed support for improving funding toward mental health in a more substantial way and for looking at nearby cities models; questioned whether the City is in the financial position for a Public Health Department (PHD); stated a local government nearby has a PHD; noted Oakland has a standalone department dedicated to race inequity which ensures policies are reviewed for equity and also has a department of human services; expressed support for APD keeping the armored vehicle; stated the issue of Police militarization is a real issue and a policy should be implemented to check the equipment purchases and uses; the Police force is a civilian force, not a para-military force; there are other matters which can improve the Police force under the budget; a large amount of the budget is spent on salary; outlined the concept of “crowding out;” stated less money is available for other departments; noted there has been an increase to Police and Fire budgets over time, but not an increase to other departments; stated Council needs to look at how the budget is apportioned; the City is spending too much on the Police Department; new revenues should be put toward areas not receiving money; outlined Police and Fire labor agreements; stated democracy takes hold in City Hall through Councilmembers in order to make change; Councilmembers must ensure the City is safe and secure; a Police force is needed; however, ongoing training is also needed; City Hall has had a consistent structure; however, it is time to look at a different approach.
Councilmember Vella stated City Hall and Council are listening, present and spending time on the matter; noted Councilmembers have been present at marches and demonstrations; stated change is wanted and being executed; expressed support for programs being community led and involved by all; stated the goal is about limiting Police confrontation especially for non-criminal calls for service; noted the incidents in Minneapolis and Atlanta had been calls to service for a non-violent crime resulting in loss of life; stated departments have started to change policies; however, calls still come in; assumptions cannot be made and an understanding of the process of dispatch needs to occur; the process needs to be thoughtful; expressed support for transformative change that lasts; stated changes should not be for one budget cycle; the four areas all need to be discussed; quoted a statement: “the great thing about Alameda is that we are big enough to have staff to get things done and small enough to do it as a community;” stated the community can come together and solve problems.
Councilmember Oddie stated there have been inappropriate calls to Police dispatch; Police Officers as community members want to be part of the discussion and change; Police Officers are a diverse group of people with families.
Mayor Ezzy Ashcraft stated that she has heard about the calls received by dispatch; noted inappropriate calls are not in the name of justice; stated people should practice the compassion being requested; Council has an opportunity to show taking an adversity and finding redemption; an incident on May 23 was captured via social media and brought to Council’s attention; discussed a Town Hall hosted by Vice Mayor Knox White, a march she attended with Councilmember Oddie and a meeting with youth leaders; stated this is an opportunity to reallocate Police funding; noted programs cut and forwarded to Police oversight; stated there is no equal trade for Officers to Social Workers; expressed support for a model similar to Eugene, Oregon of civilian teams; stated Alameda is part of a larger system and there is a limited number of resources; Council is working on the homelessness issue; noted Officer training does not include ethnic studies or race relations; stated Berkeley has a mobile crisis outreach van; Alameda could partner with the City of San Leandro for mental health services; there are things Council cannot legislate; this is a historic moment; Council can see this moment and be inspired leaders and move forward with purpose.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
CITY MANAGER COMMUNICATIONS
(20- ) The City Manager announced an expansion of the slow streets program; stated the County has begun to open again.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(20- ) Vice Mayor Knox White expressed gratitude for the budget process.
(20- ) Councilmember Daysog encouraged visiting the farm near Target at Alameda Landing.
(20- ) Councilmember Oddie expressed support for outcome-based budgeting.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:03 a.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 MEETING OF THE CITY COUNCIL
WEDNESDAY- -JUNE 17, 2020- -5:30 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:33 p.m. and led the Pledge of Allegiance.
ROLL CALL - Present: Councilmember Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [The meeting was conducted via Zoom.]
Absent: None.
ORAL COMMUNICATIONS, NON-AGENDA
None.
AGENDA ITEM
(20- ) Recommendation that the City Council: (A) Authorize the Mayor to Sign-On to Former President Obama’s Pledge to Introduce Common-Sense Limits on Police Use of Force; (B) Authorize the City Manager, in Partnership with the Chief of Police, to Evaluate and Update Alameda Police Department Policies Related to the “8 Can’t Wait” Initiative.
The Assistant City Manager gave a brief presentation.
Mayor Ezzy Ashcraft stated Council is not restrained to the two recommendations; Council has the option to direct staff to approach the topic differently; inquired whether Council should waive the nine minute speaking limit.
***
(20- ) Councilmember Oddie moved approval of suspending the nine minute Council speaking time limit.
Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
***
Vice Mayor Knox White inquired the difference between areas which have a specific policy and others which have procedures or training requirements.
The Assistant City Manager responded the policy is the over-arching sentiment and objective for the action being carried out and the procedure is more specific to how the action is performed; stated staff can potentially be held to both the policy and procedure.
The Police Chief stated discipline is the likely outcome to policy violations via internal investigations; procedures indicate how the policy is followed and minor violations are typically not disciplined outside of counselling sessions.
Mayor Ezzy Ashcraft requested clarification of a procedural violation.
The Police Chief stated a radio protocol or a traffic stop which does not follow the standard procedure are procedural violations; noted traffic stop locations must be broadcast for tracking purposes.
In response to Councilmember Oddie’s inquiry regarding omitting community input, the Assistant City Manager stated the Mayor’s Pledge includes all four steps and any steps or community involvement was not meant to be left out.
Councilmember Oddie expressed support for clarity on the Council’s position on the eight uses.
The Police Chief stated that he has not looked at the Campaign Zero website; noted Campaign Zero and “8 Can’t Wait” are linked and have the eight policies in common; stated both sites have alignment on two of the eight policies; Alameda is in alignment with as many as six of the policies; however, semantics or terminology could explain the discrepancies; there are a couple of policies not in alignment for Alameda.
Councilmember Oddie stated it should be noted the City has already banned chokeholds.
The Police Chief stated there is a submission page for “8 Can’t Wait” for a review of policies; noted a submission has been made by staff, but response is likely delayed.
In response to Councilmember Oddie’s inquiry, the Police Chief stated the Department has not had an Officer-involved shooting since 2005; verbal is not considered a use of force nor is a control-hold such as putting on handcuffs; a punch, kick or use of a body part is considered a use of force as well as the use of pepper spray, tasers, firearms, canines, the carotid restraint, and any result of pain or alleged use of force.
Councilmember Oddie inquired whether the ban on shooting at a moving vehicle is binary or pass/fail.
The Police Chief responded there is no outright ban on shooting at a vehicle; there are limited circumstances when it is permitted; stated the City of San Francisco has a complete ban on shooting at vehicles; Alameda could strengthen the exceptions should it be kept in the policy; if the exceptions are taken out, the Alameda Police Department (APD) would be in compliance with Campaign Zero and “8 Can’t Wait” policies; part of the discussion for Council is to determine which policy to keep.
Councilmember Vella inquired who will be conducting review, to which the Assistant City Manager responded who will complete the work has not been indicated; noted the answer will be made by the end of the meeting.
Councilmember Vella inquired whether Council is being requested to provide instruction based on how the review will be performed and by whom.
The Assistant City Manager responded in the affirmative; stated staff will take direction and ensure the direction fits will all other tasks to be completed.
Councilmember Vella stated the agenda for the meeting caused confusion; noted the scope of Council conversation was not made clear; inquired the topics being discussed; stated the Pledge involves many aspects and causes difficulty in understanding discussion parameters.
The Chief Assistant City Attorney stated the agenda title provides Council a great deal of discretion in what can be discussed; the issues are wide-ranging and can be discussed; the second portion of the City Manager working on policy with the Police Chief allows for a broad topic discussion and discretion.
Councilmember Vella inquired whether the Department has made its own policy changes and the difference in effects between Council banning something versus a change in policy.
The Police Chief responded the Department subscribes to a policy manual called Lexipol; stated Lexipol produces policies based on federal and State law and best practices; noted policy updates are due to changes in State or federal law or changes to best practices; stated Lexipol provides notification of changes; any changes to best practices are able to be somewhat customized; the majority of updates are due to State and federal law updates; initial reviews to updates are performed by staff and a decision is made to update, leave as-is or modify for best practices; when an update is complete, the update is put out to Officers via e-mail for review and acknowledgement.
Councilmember Vella inquired the difference between an inter-department policy versus Council declaring a policy.
The City Manager responded some policies have been at a Department level and are now being looked at from a community and Council level; noted Lexipol provides State and federal level laws; stated staff is recommending Council discuss policies about what the Police Department should look like and the services to be provided by the Police Department; there will be a lot of Council input into the policies.
In response to Mayor Ezzy Ashcraft’s inquiry, the City Manager stated some of the issues as far as use of force and other policies and procedures being implemented are the focus.
The Chief Assistant City Attorney stated some items are being dictated by law and are not recommended to be eliminated; staff is looking to Council and the community for direction on best practices.
Discussed his experience as a business owner in Alameda; expressed concern about false reports and lack of response; stated transparency and accountability is needed; stated keeping body cameras on at all times allows public visibility which exists in other forms of government: Ben Calica, Alameda.
Discussed a previous Town Hall led by Vice Mayor Knox White; stated the “8 Can’t Wait” program promises a 72% reduction in deaths caused by Police which is not good enough; reducing Police roles and redirecting resources will bring community safety; inquired the Council vision to bring the program to 100% reduction: Amanda Cooper, Alameda.
Inquired the responsibility of the Alameda Police Chief in communicating Lexipol State and federal policy changes to the Council and the community; noted APD policies were changed without public input, knowledge, or Council approval; expressed support for discussing the “and” process versus “either or;” urged Council to think about switching to “and”: Shalom Bruhn, Alameda.
Inquired about policy changes related to Lexipol; expressed support for automatic State and federal updates; inquired the accountability of the Police Chief related to communicating changes and updates to Council and the community and where the community can review policy changes: Amos White, Alameda.
Discussed review and oversight about the recent incident with Mr. Watkins; urged Council to not use the Attorney General (AG) for the process; stated the AG office defends criminal judgements and is part of mass incarcerations; urged Council to look for a civilian body or Police Oversight Commission to review current events and policies: Jono Soglin, Alameda.
Stated “8 Can’t Wait” is not enough; noted many cities which have implemented “8 Can’t Wait” still have experienced killings; Police are protected over people; the City is spending $37.5 million on a Police system that is not necessary; there is a stark contrast between the East and West End of Alameda; urged Council to invest in caring for the homeless and training trauma informed social workers to respond to non-criminal activity and to stop the school-to-prison function; stated Police should be taken out of public schools: Alexia Arocha, Alameda.
Stated that he has not heard a discussion about a citizen oversight committee which does not go through the Police Department; discussed experiences with the Police Department: Jeff Roper, Alameda.
Expressed support for the process; stated there is a desire for a collaborative process and a plan that would consider the needs of the community in collaboration with the Police Department: Katherine Schwartz, Alameda Family Services.
Expressed support for Police Officers; expressed concern about a poor record of communicating what is being done by the Police Department; stated recommendations should be provided by people other than within the Police Department to retain the absence of bias: Jay Garfinkle, Alameda.
Stated defunding the Police means refocusing the City in a way that is beneficial to both the community and the Police Department; outlined salaries in the Police Department; urged Council to re-focus how business is conducted; discussed experiences with APD: Evan Schwartz, Alameda.
Discussed the “8 Can’t Wait” initiative and racism on the Island; expressed support for defunding the Police Department; stated the “8 Can’t Wait” initiative does not go far enough; passing measures will do nothing to prevent Police killings and violence; outlined the effects of banning the use of chokeholds and a duty to intervene; urged Council to move forward with the “8 to Abolition” initiative: Riley Brann, Alameda.
Urged Council to consider dealing with racial bias, accountability and consequences for policy violations; expressed support for funding being dispersed from Police to community resources, social work and mental health; urged Council consider alternative solutions for Police patrolling: Jyosna Jaslow, Encinal High School.
Expressed support for the “8 Can’t Wait” initiative; stated the initiative is a nice gesture or symbolic statement; the policies may not help incidents from happening again; “8 Can’t Wait” focuses on use of force; urged Council to think more broadly about how to prevent incidents from happening again and reconsider sending Police out on mental welfare checks; stated residents of Alameda should be discouraged from making such calls: Theresa Rife, Alameda.
Stated the “8 Can’t Wait” initiative is an over-simplified solution that does not address systemic causes, and excludes community demands and input from Black and Brown impacted people; expressed support for “8 to Abolition,” release of the names of Officers involved in the incident with Mr. Watkins, placing the Officers on Administrative Leave pending investigation, defunding the Police, investing in community-based alternatives to 9-1-1, and establishing a civilian-led Police oversight committee made up of majority impacted community members: Debra Mendoza, Alameda.
Discussed an incident from 2008; inquired whether the Officer has ever been disciplined; expressed support for understating the role of the Police union in defending Officers who have committed abuses: Deborah Lafferty, Alameda.
Expressed concern about needed services being cut immediately without having another system in place to support business districts; stated business districts are the heart of the City; business districts count on the Police Department and Council; this is a difficult time for everyone; social services are needed; urged Council to put services back in place until another system can be put in place: Sandy Russell, West Alameda Business Association.
Expressed support for the “8 Can’t Wait” initiative; urged an increase in accountability for the Police; discussed the actions caught on camera May 23rd; stated the actions are unacceptable; the Officers involved must be fired immediately; expressed concern about the Officers still being employed; urged Council to divert funding away from the Police into social services; expressed concern for ease of changes to Police policy: Jeff Lewis, Alameda.
Read a statement of resolution from the Alameda Justice Alliance (AJA); urged Council to seek to ensure all people are welcome and respected regardless of race in the City of Alameda and for Council and the City Manager to release the Police Chief from duties: Jeanne Nader, AJA.
Discussed experiences as an Alameda resident and with APD; stated Alameda has a reputation of racial profiling and assault; urged Council to terminate the Police Chief; expressed support for citizen oversight, reducing and reallocating the APD budget, demilitarization of the Police, a data driven and independent review process and a Chief Medical Officer role; stated a focus on changing systems is needed: Seth Marbin, Alameda.
Discussed her experience as an educator; urged Council to develop plans to prevent crimes and plans for de-escalation; noted no crime occurred related to the incident on May 23rd; stated review after incidents occur is needed to ensure results improve; expressed support for streets being physically and emotionally safe: Michele Pryor, Alameda.
Stated the “8 Can’t Wait” initiative does not go far enough but is a good first step; APD’s use of force is limited and is a small part of the problem; urged Council to look at bias and the role of Police in the community; stated there is a disproportionate number of people of color experiencing arrests, traffic stops, and use of force: Michele Elson, Alameda.
Stated there is importance in the relationships the Police have with the community members; discussed crisis management; noted relationships are the important part of those that are a danger to themselves or others; stated Police Officers are able to walk away after incidents such as May 23rd with no follow up; there is a lack of trust in transparency, policies and procedures: Heather Little, Alameda.
Discussed experiences as a resident and parent; expressed concern about the use of Lexipol; expressed support for creating a community oversight committee; stated the committee should review policies and be made up of community-impacted people: Grover Wehman-Brown, Alameda.
Stated the Police can cause a lot of problems and violence and the Police can prevent a lot of problems and violence; expressed concern about the items being prevented being invisible and not considered; urged Council to consider the possibility and move forward with precision rather than large sweeping changes: Breann Sengstock, Alameda.
Discussed a school shooting and Police in schools; urged Council to fire and rehire Officers with strict training; stated defunding Police does not mean abolishing; urged Council to sell the vehicles the Police have, lay off over half of the APD Officers, and provide the remaining Officers bicycles: Geronimo Coffin, Lincoln Middle School.
Expressed support for local advocates; urged Council to defund the Police Department and provide prevention interventions for traffic safety; stated enforcement has never been a priority for her organization and is not an effective way to improve safety in the community; expressed support for systemic safety; stated policing is violent and unsafe and should be less present in the community: Susie Hufstader, Alameda.
Stated that she did not know Alameda had an armored vehicle; expressed support for removing all military-style equipment; expressed concern about the possible use of tear gas; stated Alamedans are not enemy combatants; stated the “8 Can’t Wait” initiative policies are not enough: E Patterson, Alameda.
Expressed support for removing Police from Alameda schools, armored vehicles, semi-automatic weapons, ride shields and tear gas; urged Council to follow San Francisco’s lead of sending social service and non-Police to non-violent calls, to remove the ability for weaponization; expressed support for disciplinary histories not being purged to allow for transparent records: Steve Burt, Alameda.
Discussed the circumstances when use of force is permitted; stated use of force situations involve the issue of compliance; there is room for discussion for improving the way the Police Department works; noted that he has never witnessed an APD Officer do anything immoral, illegal or based off a protected class status: Jason Horvath, APD Officer.
Stated adopting a campaign does not help; discussed experience with APD and as a resident of Alameda; stated Officers have too much power being used and abused; outlined comments from neighbors about the incident on May 23rd; expressed support for the removal of the Police Chief: Melody Montgomery, Alameda.
Stated Alameda has a long history of racism; outlined a death in Alameda leading to profiling of Asian-American youths; discussed experiences with APD; stated “8 Can’t Wait” is not enough; expressed support for defunding the Police and investing in public and acceptable housing: Lean Deleon, Alameda.
Discussed a recent Town Hall meeting, experience working with Councilmember Daysog and experiences as a Richmond resident; stated the Police interacted with the community: Cindy Acker, Alameda.
Discussed an incident from 2008; stated an Officer from the incident is employed with APD as a Captain: Sam Kevy, Alameda.
Stated “8 Can’t Wait” does not go far enough and is a band aid for an issue that does not hold people accountable; expressed support for a 60 to 80% cut to the Police budget; expressed concern about the response from the Police Chief; expressed support for the removal of the Police Chief; inquired the reason for APD to have an armored vehicle: Janice Anderson, Alameda.
Urged Council to consider the “8 Can’t Wait” initiative as the bare minimum to be done as a start to a goal in rethinking community policing and to call for the dismissal of the Police Chief; stated APD needs a new direction, philosophy and new leadership: Ezra Denney, Alameda.
Discussed experiences working in dispatch; stated there is a difference between wants and needs; noted the armored vehicle assisted the City of Oakland with riots; stated calls received are racially fueled; stated more education is needed: Keisha Brooks, APD Dispatcher.
Expressed support for Alamedans and people of color having a voice and for a citizen’s oversight commission; stated the commission would allow for citizen review of the APD budget, training process, and policies to ensure a safer environment for everyone; a Chief Public Health Official should be in charge of the commission; urged Council to focus on demilitarization and reduction of the APD budget: Anisya Lustig-Ellison, Alameda.
Stated Alameda is one of the most segregated communities in the Bay Area; the contracts with APD are at the expense of the community; noted Alameda Unified School District (AUSD) employees have been paid the lowest in the County for decades; the money contracted with APD would be more useful directed towards counselling, after-school programs, restorative justice programs, and technology for students; Officers in schools perpetuate the school-to-prison pipeline: James Burgquist, Alameda.
Stated “8 Can’t Wait” is not a good idea and not enough; expressed support for “8 to Abolition” as an alternative; urged Council to inquire what Police are for; stated public safety should be defined; reforms are changes to a system that does not work and legitimize a harmful and broken system; reforms waste money: Savannah Cheer, Alameda.
Stated “8 Can’t Wait” does not have solid research with a well measured outcome; outlined the research included in “8 Can’t Wait;” discussed Officer shootings in Chicago and Minneapolis; urged Council not to focus on incremental reform; expressed support for fundamental change through defunding Police and reallocating funds into social services; urged Council to follow San Francisco’s model: Luis Booth, Alameda.
The following comments were read into the record:
Stated reforms are not strong enough incentive to end Police brutality; noted new rules without increased accountability are only guidelines; stated with no long-term consequences, there is little trust that the behavior or culture will improve; urged Council not to stop and consider taking on larger, more difficult approaches: Maggie Jacobs, Alameda.
Expressed support for Alameda continuing down a path of change and reform; expressed support for changes to Police training, “8 Can’t Wait,” additional changes tied to use of City funds for alternate support services, and supportive services being led by a Chief Preventive Medicine Officer: Karya Lustig, Alameda.
Urged Council to release the names and identities of the Officers involved in the arrest of Mr. Watkins; inquired the reason de-escalation was needed for the interaction with Mr. Watkins: Anonymous text message.
Urged Council to visit 8toabolition.com, to listen to the Black Lives Matter movement, to defund the Police, demilitarize communities, to remove Police from schools, free people from jails and prisons, to repeal laws that criminalize survival, to invest in community self-governance, to provide safe housing for all and to invest in care not cops: Anonymous text message.
Stated the “8 Can’t Wait” policy does not address Police brutality as a systemic problem; urged Council to defund APD and reinvest in community-based alternatives; stated investment in public safety means a commitment to uprooting the Police; noted the goal is to decrease contact between Police and community members: Anonymous text message.
Urged Council to adopt the “8 to Abolition” initiative, to defund the Police, to demilitarize communities, to remove Police from schools, to free people from prisons and jails, to repeal laws that criminalize survival, to invest in community self-governance, to provide safe housing and to invest in care not cops: Emma Freeman, Alameda.
Stated the “8 Can’t Wait” initiative is insufficient; urged Council to look at “8 to Abolition;” stated reforms have been tried and failed and do not reflect the needs of criminalized communities: Lily Kotansky, Alameda.
Expressed support for common sense limits on use of force and “8 Can’t Wait;” stated more must be done; urged Council to listen to the needs and concerns of Black and Brown community members and reform Police; expressed support for a Citizen Oversight Commission, reducing and reallocating the APD budget, a data driven review process, a Chief Medical Officer, and establishing a vetting process: Jillian Blanchard, Alameda.
Stated the “8 Can’t Wait” initiative only addresses use of force policies; expressed support for Campaign Zero; outlined Campaign Zero recommendations; urged Council to establish resources to address broader issues: April Madison-Ramsey, Alameda.
Discussed experiences as an African-American living in Alameda; questioned when the hatred will end; expressed support for staff recommendations and offered additional suggestions: Karen Bey, Alameda.
Expressed support for the “8 to Abolition” initiative; stated the “8 Can’t Wait” policies are performative recognition of existing policies and have failed; urged Council support the “8 to Abolition” steps: Andrew Acosta, Alameda.
Urged Council to reject the “8 Can’t Wait” proposal in favor of defunding and abolishing APD; expressed support for funds being reinvested into Alameda’s Black residents and community care programs; stated reforms only reinforce an obsession with policing and incremental reforms are not working: Janet Chen, Alameda.
Inquired the process to initiate discussion about creating a program similar to Crisis Assistance Helping Out On The Streets (CAHOOTS): Rob Dekker, Alameda.
Inquired the realistic, legal and fair time-frame to reduce the number of Police Officers in order to redirect funds to other programs; stated proper notice is important: Amy Little, Alameda.
Urged Council to make a commitment to the immediate formation of a Police Oversight Committee comprised of diverse community members, to make a commitment to anti-bias training for all Police Officers, to remove Police Officers from public schools, and to address the timeline for adopting Campaign Zero and “8 Can’t Wait” policies: Celina Kamler, Alameda.
Stated the “8 Can’t Wait” initiative is good, but not enough; the solution is to defund the Police; discussed the two current emergencies: COVID-19 and systemic racism; urged Council to cut the Police budget and allocate the funds to social service and community based programs: Jade Aganus, Alameda.
Stated organizations have highlighted the problems and inadequacies with the “8 Can’t Wait” initiative; inquired how Council will take steps to redirect funding from APD, how the Officers involved in the arrest of Mr. Watkins are being disciplined, and how Police Officers will be retrained in the use of force policy: Emily Klein, Alameda.
Stated that it is absurd the Police have not made a statement or apologized to Mr. Watkins; the community deserves and needs better; reform and cuts to the APD budget are needed: Rachel Wellman, Alameda.
Discussed an event near Alameda High School; stated that she wished there had been a separate unit of skilled social workers available to call and ensure no violent action would be taken by the Police: Julie Pruitt, Alameda.
Stated the issue is complicated and deserves both sides to weigh-in; inquired the application and recruitment process for APD; urged APD Officers to realize that Black citizens in the community want to ensure they go home safely: Laura Fries, Alameda.
Stated many citizens in Alameda overuse and abuse 9-1-1, nonemergency and Police services; discussed experience as an APD Dispatcher and the arrest of Mr. Watkins; urged Council to hold constituents accountable: Whitney Moon, APD Dispatcher.
Discussed experience as a native Alamedan being known to APD; stated stronger community support would make a difference; urged Council to utilize funding to engage, enhance, enlighten and educate versus criminalizing the community: Lytia Zazzeron, Alameda.
Stated there are too many options without facts; outlined mass shootings and the need for an armored vehicle; noted AUSD does not fall under the City budget; encouraged an understanding of and education on how APD policies are implemented; stated APD is no longer in schools: Michaelia Parker, APD Crime Technician.
Stated community education is critical; community members demand service; citizens need to be re-educated as a collaborative effort: Anonymous text message.
Expressed support for financially disinvesting from Police and using the money to implement policies which help residents; stated residents have been harassed by APD; urged Council put funding into education, public health, and financial assistance for homeless and unemployed residents: Carlos Williams-Moreiras, Alameda.
Expressed support for the Police Chief remaining employed; stated defunding or abolishing the Police will not make the community safer: Desiree’ Abbott, Alameda.
Discussed experience with APD as part of a mental health call; noted the presence of armed Police Officers did not help; stated mental health calls and other non-violent calls would be better suited for someone with extensive mental health or counselling training; urged Council consider language interpretation issues: Michelle Tran, Alameda.
Expressed support for the “8 Can’t Wait” initiative as a short term step in the development of a process to thoroughly overhaul and reduce policing in Alameda, for an audit of the Police budget, for a community based alternative to 9-1-1 for non-criminal activity, and for a Citizen Oversight Commission: Danielle Meiler, Alameda.
Discussed the racial bias in Alameda: Lilli Keinaenen, Alameda.
Stated Officers should educate themselves; provided anti-racist readings for Officers: Nicola Kim, Alameda.
Inquired the method of documentation for all discussed ideas: Cleo Kirkland, Alameda.
Discussed the Council meeting on June 16th; inquired whether Council will listen to Alameda residents; urged Council to change tack to follow the “8 to Abolition” guidelines, to refuse negotiations with Police unions and to do better: Erin Fraser, Alameda.
Stated the meeting should be fully accessible; expressed support for a City Instagram page being a priority; noted “8 Can’t Wait” is ill-researched and has not proven to be effective; urged Council to take bigger steps and learn from San Francisco, Minneapolis and other cities that have committed to divestment: Amy Chu, Alameda.
Stated Police violence is a public health problem and should be addressed on a systemic level; expressed support for defunding the Police, redirecting funds to mental health, health and child care, and preventative programs and a diverse Citizens Oversight Commission: Jyothi Marbin, Alameda.
Councilmember Vella requested clarification of actions taken at the June 16th Council meeting.
Councilmember Oddie expressed support for the City Manager providing clarification.
The City Manager stated a special Council meeting will be called before June 30th to continue discussions.
The City Clerk stated the special Council meeting has been scheduled for Monday, June 29th at 5:30 p.m.
The City Manager stated Council will hold special meetings as needed and work through the August break to facilitate the process for transforming how the City provides community services, responses, and law enforcement; staff will return to Council with a proposal for changing any response protocols for Alameda Police, including any changes that have been announced this month or the previous months of 2020; all policing policy changes will be brought to Council for approval before implementation; instances of change to State and federal law or Courts ruling of required changes, can be brought to the next Council meeting for ratification; the 2020-2021 budget has been passed with the following conditions: hold current vacancies in APD until the October 2020 budget meeting, grant the City Manager authority to shift funds as needed through October 2020, with continued public reporting to cover any changes to service; begin a process to sell the ballistic armored tactical transport response vehicle and return to Council with policies which outline collaboration with regional partners for the rare occasion such a vehicle would be needed in an effort to demilitarize APD; funds allocated to APD may not be used to purchase, procure or maintain military grade equipment such as teargas or armored vehicles; noted Councilmembers supported removal of City Police staff from the Student Resource Officer (SRO) program for Alameda schools per an agreement made with AUSD.
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Mayor Ezzy Ashcraft called a recess to the meeting at 8:23 p.m. and reconvened the meeting at 8:40 p.m.
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Mayor Ezzy Ashcraft stated people need to talk to each other and listen; there have been recent moving demonstrations; outlined emotional comments related to racial prejudice and a conversation with the President of the Alameda Police Officer’s Association; expressed support for convening a facilitated forum for Police Officers to hear experiences; stated that she has requested Robbie Williams help in finding youth leaders; noted Regina Jackson, Chief Executive Officer of the East Oakland Youth Development Center and President of the Oakland Police Commission and Reverend Jaqueline Thompson, Senior Pastor, Allen Temple Baptist Church, Oakland helped facilitate the forum; stated the Police Chief and three Officers attended the forum; stated youth members want to be involved and share views; outlined the forum proceedings and youth experiences with Police Officers; stated recurring themes of the forum were related to knowing the community; the concept of community policing is not just being present while in uniform; expressed support for a Police Athletic League; stated youth leaders provided suggestions involving psychological evaluations for Police Officers, ideas of power, attitude and disdain; Councilmembers remain fair in protecting all members of the community; there is a need for mental health screenings during the course of a career, not just initially; APD should offer courses on civil rights and race relations; Officers should show up not just in bad times, but in good times as well; people need to act with intentionality; it is important for Police to know the history of race relations in the community where employed; Police need more training and mental health resources; a lot is asked of Officers and some tasks would be better suited by others; expressed support for looking into the CAHOOTS program and for implicit bias training; stated people are afraid of being in the presence of Officers; everyone experiences facts in different ways; Officers and Councilmembers will always be judged by the worst actions of their peers; outlined comments about the Police Chief from both Ms. Jackson and Ms. Thompson; stated the onus is on Officers to change their behavior and change the perception of Police; none of the Officers encountering Mr. Watkins knew who he was; expressed support for a Youth Advisory Group; stated that she believes in the concept of restorative justice; stated the Officers involved in the arrest of Mr. Watkins are willing to sit down in a facilitated setting with Mr. Watkins to understand the experience; fundamental fairness to everyone is needed.
Councilmember Vella stated that she received positive feedback from the forum; noted clarifications are needed for the benefit of the public; stated Councilmembers are sincerely listening to the community; all Councilmembers interact differently; these are difficult conversations; the City has set up a larger set of conversations.
Councilmember Vella moved approval of Mayor Ezzy Ashcraft signing onto the Mayor’s Pledge by former President Barak Obama with the caveat of the Pledge being less than Council has stated will be completed;
review of Police policies is being conducted; upcoming meetings will allow for engaging the community by including diverse range of input, experiences, and stories in reviews; a report of the findings of the review to the community in seeking feedback needs to be done on a parallel track; reforming the Police use of force policies is also needed; review of the policies will not be a totality of the change desired; five areas have been identified as big picture areas for Council to review: 1) unbundling and reimagining policing, 2) racism; racism extends well beyond the Police Department and should be looked at as part of hiring and Dispatch practices; conversations of anti-racism must be held, 3) policing policy review; the review includes demilitarization and use of force; noted a process for community feedback is needed, 4) oversight and accountability; questioned whether the oversight should be short-term, use an ad-hoc committee, and who serves on the oversight and accountability capacity, 5) reviewing the laws which criminalize survival; stated Council needs to properly prioritize enforcement; expressed support for the San Francisco model.
Councilmember Vella also moved approval of adopting the “8 Can’t Wait” initiative.
Councilmember Vella stated many calls have noted there is support for “8 to Abolish” versus “8 Can’t Wait” which is not enough; concurred the “8 Can’t Wait” initiative is not enough; stated the initiative is part of a larger framework in the use of force discussion; policies must be adopted; any policy changes must come before Council for discussion; noted there is concern for shooting at moving vehicles; stated APD has not encountered the scenario; expressed support for looking at alternatives to responses; questioned whether other options or tools are available to help stop a car; expressed support for a review of the City’s 5150 policy; stated better solutions are needed to help seniors with memory issues and persons with developmental disabilities; expressed support for contracting with other service providers for the short-term allowing for outpatient services or elder care programs; noted the use and over-use of 9-1-1 fall into the racism category; stated calls cannot be controlled, however, what is done with the calls can; outlined the flow of responses to the call from May 23rd; stated Police will no longer respond to non-criminal and non-violent calls; a process for addressing those calls should be implemented; stated Council has worked on many goals and pathways for defunding and removal of Police from schools; stated Council has been working on providing safe housing for everyone including repurposing buildings; many items will be included as part of the unbundling discussion; noted Alameda has been working on and expanding community-based food banks; noted the jail in Alameda has been permanently closed; some of the items listed under the “8 to Abolish” initiative are outside of the City’s jurisdiction; stated Council actions have been deliberate and goal-oriented.
Councilmember Oddie seconded the motions.
Under discussion, Councilmember Oddie noted the amount of public comments; stated there is desire for change in the community; the Council policy provided by the City Manager is to be implemented; a wide-breadth of community members spoke; Council is accountable to the community and staff is accountable to Council; prior community members and Councils have provided the current Police force and budget structure; an alternative is being requested and recognized; all must take part in the responsibility; expressed support for the directions being implemented; expressed concern about comments directed at his colleagues; stated Council agrees on the need for change; read a passage from a 4th Circuit Judge; stated more recognition of the Black Lives Matter movement is needed as well as the physical and mental decision-making skills needed by Officers each day; training can help create good decisions; noted Alameda is in the top ranking of Police score cards, but yielded a “C” grade, which should be improved; stated half of the people being arrested represent one fifth of the population; the approach to policing was graded at an “A-“ and indicates positive work; improvements can be made; the “8 Can’t Wait” initiative is not enough; it has important details, but is missing citizen oversight; citizen oversight will help increase accountability; there are binary nuances to the “8 Can’t Wait” initiative; expressed concern for the different levels of use of force being reported; stated different levels require different reports; the response to Mr. Watkins would have been more timely had the response level been indicated; outlined public comments related to experiences of racism; urged community members to be anti-racist; stated expectations must be provided over the course of changes made; Council must be focused on outcomes and transformative change; the City has taken first steps to develop a vision of desired policing; knowing the community is related to training; the option is more expensive; expressed support for APD Officers being trained by the Police Chief; noted Community Paramedics could have helped the May 23rd incident; stated many young people of color’s first interaction with Police Officers are bad; Alamedans need to take a long look at repealing laws which criminalize survival; noted the many correspondences received relate to Police being tasked with clearing homeless encampments; Council should aspire to solve issues which may not be solved in a lifetime.
Vice Mayor Knox White requested clarification of the motion.
Councilmember Vella stated the two motions are: 1) authorize Mayor Ezzy Ashcraft to sign former President Obama’s Mayor’s Pledge which lays out four steps: 1) reviewing police use of force policy, 2) engaging communities, 3) reporting findings of review to community for feedback, and 4) reforming community police use of force policies; stated there are five different areas Council could have subcommittees for with agendized meetings for full Council participation: 1) unbundling or reimagining policing, 2) racism, 3) policing policy review, 4) oversight and accountability, and 5) a review of laws that criminalize survival.
Vice Mayor Knox White stated direction has been given to staff to schedule a special meeting prior to June 30th; inquired whether the items included in the motion will be considered at the upcoming special meeting.
Councilmember Vella responded in the affirmative; stated Council will also then decide how to move forward; expressed support for an option with five subcommittees having agendized meetings to allow Council participation.
Councilmember Vella noted her second motion is approval of the “8 Can’t Wait” initiative, with the caveat of including a review of the City’s 5150 policy and a look into the over-use of 9-1-1 calls.
Mayor Ezzy Ashcraft expressed support for the level of detail in the motions.
Councilmember Vella noted Assemblymember Bonta has just carried a bill related to racially motivated 9-1-1 calls being re-categorized as a hate crime statute with a civil remedy for victims; expressed support for Council looking at the legislation.
Vice Mayor Knox White expressed concern about too much policy review prior to the discussion of desired core work to be completed; stated policy changes have not yet taken effect and will return to Council for discussion and approval; noted the topic of reviewing 5150 calls can be reviewed and backfill options can be discussed; expressed support for staff being able to return to Council at a comfortable pace; stated that he has reservations about the 5150 portion of the motion; expressed support for providing direction and approving the “8 Can’t Wait” initiative verbatim; stated the initiative is important and will have meaning but a lot of other work is equally important; that he would like staff to bring back policies as soon as possible; expressed his opposition to shooting at cars; stated rules must be clearly provided except in narrowly defined instances; discussed San Francisco’s “Do Not Pursue” and California Highway Patrol pursue policies; stated many different views were discussed during public comment; expressed support for knowing the effects and responses of changes; stated Council does not want to put Officers in harm’s way; Officers are trained to look for things which can become harmful or deadly; a solution is not to put Officers in positions where they are responding to places where a life and death instinct is present; the instinct causes tension and difficulty in making wise split-second decisions; there is an over-estimation of how quickly Police can be moved out of situations due to safety concerns; expressed support for moving forward with appropriate speed and ensuring conversations are had; stated that he is not surprised at the calls received by APD Dispatch; ; noted there are many calls the Police do not need to respond to; stated Council must do more, do things faster, and do them well; outlined an experience on Webster Street; questioned how unenforceable instances will be addressed and changed; expressed support for both motions.
Councilmember Daysog stated APD was important while he was growing up; noted Officers could be turned to when needed; outlined his experiences with APD; stated the current message about youths APD experiences needs to be addressed; the incident with Mr. Watkins underscores the need for Alameda to do much more and be part of larger nation-wide changes to policing; expressed support for APD working with Council and the community to change the process of policing; expressed support for CAHOOTS and outlined the program; stated CAHOOTS allows for a tangible remedy to help alter the presence of Police; the annual CAHOOTS budget is $2 million for a city of 170,000 people; questioned whether defunding the Police will help fund CAHOOTS; stated residents would like to see changes and may help fund the program through an assessments; expressed support for strengthening and clarifying crowd control Policy 400.3 related to the use of teargas and the involvement of the APD in other jurisdictions; stated APD should keep the safety and respect people’s right to speak in a non-violent way; expressed support for strengthening Policy 402 regarding racial profiling; stated 402 requires Officers to take training once every five years and the bar should be set higher; expressed support for APD and members in the Alameda Fire Department; stated public service delivery can be improved; Council must work with City staff and the community; expressed support for putting items into action.
Councilmember Daysog requested a friendly amendment to the motions to add strengthening Sections 400 and 402 of the APD policies.
Councilmember Vella stated the sections fall under item 3) policing policy review.
Mayor Ezzy Ashcraft inquired whether the June 29th meeting will discuss how to compose the different advisory committees, to which Councilmember Vella responded in the affirmative.
Mayor Ezzy Ashcraft expressed support for the committees having diversity.
Vice Mayor Knox White expressed concern about the use of force requirement; questioned whether the process is nuanced enough to allow for life-threatening situations to be handled appropriately.
Councilmember Vella stated Council will review the policies for approval, but will provide direction to staff to move forward with the “8 Can’t Wait” initiative and then vote on policies as-drafted.
Mayor Ezzy Ashcraft noted there is room for further refinement if needed.
On the call for the question on the motion related to former President Obama’s Mayor’s Pledge, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
On the call for the question on the motion related to the “8 Can’t Wait” initiative, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
Mayor Ezzy Ashcraft stated this is an emotional time; outlined a conference call related to community events; noted Allen Temple Baptist Church is a COVID-19 testing site.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:15 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.