File #: 2021-825   
Type: Regular Agenda Item
Body: City Council
On agenda: 7/6/2021
Title: Recommendation to Accept Update on Progress To Date Addressing Police Reform and Racial Equity; Provide Direction on a Pilot Mental Health Response Program; and Consideration of a Draft Work Plan for the Remaining Topics. (City Manager 2110/Police Department 3111) [Continued from June 15, 2021; Public Comment Closed]
Attachments: 1. Exhibit 1 - Police Reform Staff Report, 2. Exhibit 2 - Felton Institute Justice Service Programs, 3. Correspondence from City Manager, 4. Presentation, 5. Correspondence - Updated 7/6

Title

 

Recommendation to Accept Update on Progress To Date Addressing Police Reform and Racial Equity; Provide Direction on a Pilot Mental Health Response Program; and Consideration of a Draft Work Plan for the Remaining Topics. (City Manager 2110/Police Department 3111) [Continued from June 15, 2021; Public Comment Closed]

Body

To: Honorable Mayor and Members of the City Council

 

EXECUTIVE SUMMARY


On March 16, 2021 the City Council considered recommendations from the Community-led Steering Committee on Police Reform and Racial Equity. The City Council had a robust discussion and provided direction to the City Manager to follow-up on 22 action items that focus on the Alameda Police Department (PD) and other City of Alameda (City) programs and policies. On May 8, 2021, the City Council convened to consider a referral on related matters, and provided eight additional action items for follow-up. This report is intended to update the City Council on progress that has been made to date and to share staff’s proposed Work Plan to continue to move forward with this effort, including options related to mental health crisis response by non-sworn personnel.

 

BACKGROUND


On March 16, 2021 the Community-led Steering Committee on Police Reform and Racial Equity presented their recommendations to the City Council (see Exhibit 1 - Staff Report - for more background).

 

At that meeting, the City Council’s actions included four motions with follow-up action items, as well as direction to staff on three additional items.

 

Those action items are summarized below, and addressed in more detail in the Discussion section of this report.

 

From Motion #1 on March 16 - City Council Action Re. Steering Committee’s First Seven Recommendations

 

A.                     Review And Present Options to City Council Re. Options for Citizens’ Oversight of PD

B.                     Evaluate Options to Shift Responsibility for Mental Health from PD to Other City or County Programs

C.                     Initiate a Campaign to Educate the Public on “Who to Call”

D.                     Update PD’s Social Media Policy

E.                     Notify City Leaders Regarding Significant Public Safety Events

F.                     Propose Funding for Mental Health Programs in Next 2-year Budget

G.                     Support the Business Community’s Effort to Address Equity and Race

H.                     Provide Updates on AB 1400 (Single Payer Healthcare) and AB 550 (Speed Safety Pilot Program)

I.                     Require Regular Mental Health and De-escalation Training for PD


From Motion #2 on March 16 - City Council Action Re. Steering Committee’s Second Set of Recommendations

 

A.                     Re-affirm the Number of PD Sworn Personnel at 88

B.                     Evaluate Options to Create a Code of Conduct for Sworn Personnel

C.                     Hire a Crime Analyst

 

From Motion #3 on March 16 - City Council Action Re. Several Matters

 

A.                     Identify Traffic Enforcement Policy Focused on Safety-related Citations (working through Transportation Commission)

B.                     Request for a Report on Universal Basic Income (UBI)

C.                     Consider Options in the Near-term to Create Citizen’s Oversight Body out of the City Manager’s Office (CMO) Until More Formal Citizen’s Oversight Body is Established

D.                     Add Support for Restrictions on Catalytic Converter Sales to the City’s Legislative Agenda

E.                     Present Options for Deterring Catalytic Converter Theft, As Well As Other Crime Prevention Ideas

F.                     Complete a Review of Fines and Penalties

 

 

From Motion #4 on March 16 - License Plate Readers and Speed Cameras

 

A.                     Present a Staff Report for City Council to Consider Automatic License Plate Readers (and Speed Cameras)

 

General Direction to Staff on March 16 for Follow-up

 

In addition to the formal motions, the City Council also directed the City Manager to address the following matters:

 

A.                     Disclose the Pay of Block-by-Block Employees

B.                     Explore Ways to Support “Know Your Rights Training” in the Community

C.                     Report on How Many PD Officers Have Been Trained as Part of the District Attorney’s Training on Detentions (can be “off-agenda” report)

 

On May 8, 2021 the City Council convened to consider a referral from Mayor Ezzy Ashcraft and Councilmember Vella. The referral was to:

 

Consider Directing City Manager to Take Immediate Action Related to Alameda Police Department (APD) Response to 911 Calls by Dispatchers and Police Officers, Require Non-Police Response to Certain 911 Calls, Prepare a Compendium of All Mental Health Resources Currently Available to APD, Revise APD Use of Force Policies and Establish Protocols for Requesting Non-Police Response, Backup, and/or Interventions, Create a Mental Health-Oriented Response Model, Initiate a Public Education Campaign to Provide Easily Accessible Alternatives to Calling 911, and Work with City Council to Create a Civilian Police Oversight Board. (Mayor Ezzy Ashcraft and Vice Mayor Vella)

 

The action items coming from the May 8, 2021 City Council meeting are summarized below. There were three motions with direction for the City Manager to address eight items.

 

From Motion #1 on May 8 - Mental Health-Oriented Response

 

A.                     Create a mental health-oriented response program

a.                     Directing the City Manager to shift response of as many Alameda Police Department (PD) calls for service to existing resources and return as soon as possible, and no later than the end of June, with a pilot program proposal and budget that incorporates City Council feedback received at this meeting

B.                     Prepare a compendium of all mental health resources currently available, and direct protocols for their use

 

From Motion #2 on May 8 - Review Policies Use of Force and Body Camera Video, and Auditor

 

A.                     Implement policies in the next two weeks to review in the City Manager’s Office all use of force and random body camera video

B.                     Return as part of the budget discussion with a position of Public Safety Auditor that would be housed in either the City Attorney’s Office or the City Clerk’s Office.

 

From Motion #3 on May 8 - Training and Use of Force

 

A.                     Initiate immediate training for all PD dispatchers on assessing and responding to 911 calls, including alternatives to dispatching police officers

B.                     Return to the City Council with a proposed revision to APD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions

C.                     Immediate training for all PD officers regarding revised use of force policies and protocols

D.                     Initiate a public education campaign to provide easily accessible alternatives to calling 911

 

Based on the outcomes of both the March 16 meeting and the May 8, 2021 special City Council meeting, staff is providing an update on the progress made to date and presenting a draft Work Plan to address and document the anticipated resource needs, timing, and intended outcome(s) for the various action items.

 

DISCUSSION

In total, 22 action items came from the March 16, 2021 City Council discussion on Police Reform and Racial Equity. Specifically, there were 19 separate items that carried by majority vote through four separate motions, and three additional items that came as general direction to staff. Eight items were discussed on May 8, 2021 (with some overlap from the March 16 items).

These items have been triaged based on: anticipated time necessary to complete the task; available resources (funding, time, and capacity in partner agencies/entities); and impact (where feasible). Please note that some items have already been completed and others will be dependent on the final budget and could take months or longer to fully evaluate present to the City Council for further direction, and/or implement.

Completed Items from March 16, 2021 City Council Direction

                     Update the PD’s Social Media Policy - After the March 16, 2021 City Council meeting, staff updated the PD’s Social Media Policy (Policy 391 in the PD Policy Manual) to include a mission statement, additional definitions, and to more specifically define allowed and prohibited content. The revised policy was circulated approved by the Police Chief and City Manager on April 1, 2021. The Social Media Policy is now more prominently displayed on the City’s sites and on social media accounts.

 

                     Notify City Leaders Regarding Significant Public Safety Events - This is occurring through Significant Incident Reports. Additionally, the City Council has requested and receives notifications regarding pedestrian/auto related incidents and other incidents that involve a significant public safety response. Staff would like direction from the City Council if there are other matters that should be specified or if a different set of protocols should be established.

 

                     Disclose the Pay of Block-by-Block Employees - Staff provided a written update to the City Council on the pay of Block-by-Block employees on March 18, 2021. Staff will continue to evaluate other Ambassador Program models with services similar to those provided by Block-by-Block.

 

                     Report on How Many PD Officers Have Been Trained as Part of the District Attorney’s Training on Detentions (can be “off-agenda” report) - When the DA is prepared to offer this training for some or all officers, PD leadership will incorporate the training into the Department’s training program. In the meantime, active duty PD staff maintain all training required of police personnel in California.

                     Provide Updates on AB 1400 and AB 550 - As part of the City’s legislative platform, staff will continue to track AB 1400 and AB 550. Staff will seek City Council input, should there be questions about support in the future.

 

                     Add Support for Restrictions on Catalytic Converter Sales to the City’s Legislative Agenda - Staff modified the City Council’s 2021/22 legislative agenda to include support for legislation that would restrict catalytic converter sales.

 

                     Complete a Review of Fines and Penalties (including Traffic Related Matters) - At the meeting the City Council sought information from the City Attorney regarding classes of cases that potentially could be enforced outside the criminal justice process. Consistent with the City Attorney’s explanation at the meeting, the City Council is free to establish administrative (civil) enforcement options for all Municipal Code violations, as it has already done for parking violations. With respect to Municipal Code violations, the City Council could maintain both criminal and administrative enforcement options, leaving enforcement staff the discretion to utilize either enforcement option based on facts on the ground. Alternatively, the City Council could eliminate criminal violations for any or all Municipal Code violations, making administrative enforcement the only option for staff. As for State law violations, the City Council does not have the authority to establish administrative enforcement options, unless explicitly authorized by State law (e.g., Vehicle Code parking violations), nor could the City Council legislatively remove or reduce criminal penalties from State law.  Nonetheless, the City Council could express and establish general enforcement priorities, especially through its budgeting authority (e.g., fund or de-fund a special task force dedicated to addressing particular categories of criminal activity).

                     Initiate a Campaign to Educate the Public on “Who to Call” - Staff created a list and has posted information on the City’s website. Staff is in beginning stages of initiating a broad outreach campaign to better inform the community about these options.

 

                     Re-affirm the Number of PD Sworn Personnel at 88 - PD leadership and Human Resources (HR) staff continue to work diligently to recruit police officers to the City.

 

Completed Items from May 8, 2021 City Council Direction

 

Staff continues to work on the topics discussed on May 8.  Staff anticipates drawing from incoming Chief Joshi’s experience and ideas in many of the areas outlined by the City Council.

 

                     Present Pilot Program for Mental Health-Oriented Response - At this time, staff has identified three options for the City Council’s consideration.  Due to a variety of factors including regulatory or agency approval for certain elements, staff has three options for Council consideration.  Each option would need to be further developed prior to implementation, but if approved to move forward with any of the options, we could begin to move forward and be in implementation by end of the Summer with a PILOT


OPTION 1 - Fire Department (FD) “Fire Forward” Response PILOT - The Fire Department has developed a potential one-year PILOT program that would establish a Crisis Mobile Unit (Unit). As discussed to date, the Unit would respond only to non-violent behavioral health emergencies for clients. The Unit would respond to, treat, and/or transport members of the community who are in need to mental health services to Alameda County facilities appropriate for the client’s needs and provide services within the city related to mental health emergencies. The Unit, subject to necessary County authorizations, would work with the County to potentially receive the ability to process and transport 5150 clients on PILOT basis. An additional key component would be for the City to hire a Mental Health Clinician to follow-up with clients.  One of the critical elements of the program is to have follow-up by a Mental Health Clinician. Staffing and additional resources would be as follows:

o                     One paramedic firefighter and one EMT firefighter on each of three shifts for a total of six (6) personnel assigned to the Unit.   Three of the firefighter positions are currently funded and filled. Three of the positions are allocated and funded in the 21/22 budget and will need to be filled as soon as possible

o                     All firefighter paramedics (only) would receive a MH Clinician training and may be trained and authorized to process 5150 patients

o                     All fire staff would be trained in crisis intervention

o                     Staffed on a 24/7/365 basis

o                     One Social Worker/Clinician would be hired (40 hours/week) and would be responsible for follow-up care on cases handled by the Unit including referrals, consultation, and advisory capacities

§                     New vehicle with enclosed rear seat, communications equipment, and other necessary medical supplies.

The program would be able to be initiated this Summer as a PILOT program by re-positioning the personnel that are currently in the 2021 - 2022 Budget to staff a fourth FD ambulance scheduled to go into service this July. Fire personnel positions planned for the fourth ambulance would staff the Crisis Mobile Unit for the one-year PILOT and work with the Community Paramedicine program.

During the one-year PILOT staff would evaluate the effectiveness of the program and measure the outcomes.  At the end of the year, the fourth ambulance would go in service and City Council would be able to determine whether this program would continue, an alternative program would be implemented or the program would be altered to better meet the needs of the community.

o                     Budget - Estimated at $300,000 for the first year, for start-up costs including Social Worker salary, training costs, new equipment and other start-up costs.

o                     Schedule - Could start in 2021, after necessary training (hiring Social Worker/Clinician may not be able to available in the initial start-up in order to implement more quickly)

o                     Intended outcome - Pilot an alternative response to mental health support in the community

§                     FD staff will have clinician training from Alameda County and are looking for other complementary training, such as contracting with an organization such as Cahoots to supplement training.

 

OPTION 2 - “Fire First” Crisis Mobile Unit + 4th Ambulance - Rather than delaying the implementation of the 4th Ambulance in OPTION 1, this approach would allow the City Council to move forward with both the “Fire Forward” Crisis Mobile Unit model, as well as the 4th ambulance. This would result in an additional six firefighters being hired in addition to the staffing of the fourth ambulance.  The schedule, staffing, and intended outcome are all similar to OPTION 1, although staffing-up could take additional time and the budget would increase by an estimated $1.1 to $1.3 Million in annualized costs to go forward with OPTION 2 at this time.

 

OPTION 3 - The Felton Institute: Behavioral Health Engagement Response Specialist (BHERS) 5-Days per Week - Felton Institute, now headquartered in the city of Alameda, is proposing the program to provide mental health and homeless response services to those living with persistent behavioral and mental health challenges. A critical component of this program is providing mental health training for partner stakeholders including the City of Alameda Community Development Department, FD, including Community Paramedicine, and PD. The program as designed would provide direct services and on-call response 9 hours daily 5-days weekly.

Felton Institute is SF’s largest outpatient mental health provider serving Families and individuals of all ages with varying levels of mental and behavioral health challenges. We have over 50 programs in five counties and many of them are mental health and social justice directed. Felton has provided mental health services in Alameda County for over 11 years. Exhibit 2 is a list of our social justice programs in San Francisco and Alameda Counties.

 

The goals of BHERS program would be to:

1) Respond to critical MH and BH emergencies and non-emergencies on an on-call basis to de-escalate critical events and provide coordinated services;

2) Support, enhance, and address gaps in City contracted mental health and homeless engagement services;

3) Offer and provide Motivational Interviewing and Harm Reduction trainings to PD, FD, and other service partners;

4) Work with identified homeless, substance abusers and mentally ill clients to improve functionality, tracking and engagement; and

5) Work with existing City of Alameda programs, departments and community based organizations/providers to complement and enhance their efforts in supporting mental health client populations.

 

o                     Budget - $832,608

o                     Schedule - Could start in 2021; Felton would staff the program and hire new staff

o                     Staffing - CMO, City Attorney’s Office (CAO), PD, FD + Felton

o                     Intended outcome - Pilot an alternative response to mental health support in the community

 

OPTION 4 - The Felton Institute: Behavioral Health Engagement Response Specialist (BHERS) 24 Hours per Day, 7 Days per Week (24/7) - Similar to OPTION 3, but with 24/7, BHERS program to provide mental health and homeless response services to those living with persistent behavioral and mental health challenges. A critical component of this program is providing mental health training for partner stakeholders including the City of Alameda Community Development Department, FD, and PD. The program as designed would provide direct services and on-call response 24 hours daily 7-days week (24/7). The Felton night canvasing will run from 7pm-7am daily with a vehicle moving throughout the City of Alameda’s most challenging communities to provide immediate response.

 

o                     Budget - $1,266,871

o                     Schedule - Could start in 2021; Felton would staff the program and hire new staff

o                     Staffing - CMO, City Attorney’s Office (CAO), PD, FD + Felton

o                     Intended outcome - Pilot an alternative response to mental health support in the community

 

                     Training for APD Dispatchers -Training is required as part of the shift in response to mental health oriented calls. Depending on the mental health response program, staff will to establish new protocols and work collaboratively to train on a new approach to mental health calls for service.

o                     Budget request - N/A at this time

o                     Schedule - Initial discussions have begun; more will follow if the City Council authorizes the pilot program

o                     Staffing - PD

o                     Intended outcome - Establish new protocols and training for pilot program

 

                     Include Auditor in the Budget Options - Staff has included a Public Safety Auditor within the budget.

o                     Budget Request - $600,000 ($300,000 in FY 2021-22 and $300,000 in FY 2022-23)

o                     Schedule - Hiring or contract possible in FY 2021

o                     Staffing - HR, CMO, CAO

o                     Intended Outcome - PD oversight prior to discussing other options for oversight

 

May/June Budget Decisions for Fiscal Years 2021-22 and 2022-23

 

Many of the items requested by the City Council will require new/additional budget. For some of this work, the outcome of the next 2-year budget discussion will drive next steps. Staff has only included items below that could likely be successfully initiated and managed in the next 2-year budget/timeframe. Staff would like Council’s input on whether any of the items listed below should be switched out for other topic areas or if there are new items that should be considered.

                     Review and Present Options to City Council Re. Options for Citizens’ Oversight of the PD - As part of a separate City Council action, staff will be proposing an interim oversight option for Council’s consideration. This will be the start of an evaluation of oversight options for the PD. Any reassignment of PD oversight will likely require a City of Alameda Charter Amendment, which could be considered by voters in 2022.

o                     Budget request - $100,000 ($50,000 in Fiscal Year (FY) 2021-22 and $50,000 in FY 2022-23

o                     Schedule - Start in 2021

o                     Staffing - CMO, City Attorney’s Office (CAO), PD

o                     Intended outcome - Explore and evaluate options for a PD audit, advisory, or oversight body

 

                     Propose Funding for Mental Health Programs in Next 2-year Budget - Staff is proposing the following support services for the FY 2021-22 and FY 2022-23 budget years. These proposed programs promote the physical, social, and mental well-being and safety of people experiencing homelessness in Alameda.

Expenditure (Program) Description   (In priority order)

FY21-22

 FY22-23

Description

Operation Dignity

$             124,000

 $       124,000

This is a program that has been funded since 2016. The amount is in the current budget and is not a change.

Homeless Hotline (Eden I&R/211)

$               11,000

 $          11,000

Continue to provide a resource for the unhoused and for citizens inquiring about homeless services.

Day Center

 

$       133,943

Continue to provide services during the day to the unhoused.

Day Center Extended Hours

$             173,040

 $       173,040

Provide extended hours and weekend services during the day to the unhoused

Safe Parking

 

$       156,500

Continue to provide service to the unhoused living in their vehicles.

Safe Parking Extended Hours

$               76,800

 $          76,800

Provide extended hours and weekend services for safe parking to the unhoused

Dine and Connect

$                  5,000

 $            5,000

Provide weekly meals to unhoused individuals through partnership with churches and the Alameda Food Bank

Temporary Family Housing - FEMA Trailers

$               15,371

 $            9,371

Use FEMA trailers to temporarily house families experiencing homelessness while working on rapid rehousing services.

Community Cabins

$               50,124

 $       500,000

Ongoing administration and operation of temporary housing for unsheltered individuals.

Warming Shelter

$               50,000

 $          50,000

To provide a warm and safe place for the unhoused to shelter during cold and rainy months.

TOTAL

$             505,335

 $    795,778

 

 

o                     Budget request - $1,301,113 ($505,335 in FY 2021-22 and $795,778 in FY 2022-23

o                     Schedule - July 2021 through June 2023

o                     Staffing - Contract management and service oversight by CDD

o                     Intended outcome - Provide necessary services to support individuals experiencing homelessness, including related needs

 

                     Hire a Crime Analyst - Staff will request funding and initiate the hiring process for a crime analyst. The position will provide analysis of Alameda’s crime data so that policing in Alameda can be responsive and data-driven.  In addition, it will develop analysis that will benefit the public with improved crime trends as well as analysis of the crimes occurring.

o                     Budget request - $330,000 ($148,000 in FY 2021-22 [pro-rated for anticipated September hire] and $182,000 FY 2022/23)

o                     Schedule - September 2021 (target hire date if approved in budget), then ongoing

o                     Staffing - PD, HR

o                     Intended outcome - Bring crime data analysis to the PD to improve service using data analysis

 

                     Require Regular Mental Health and De-escalation Training for officers in the PD - PD’s leadership will incorporate this direction into the training budget and will implement, based on staffing capacity to absorb the additional training.

o                     Budget request - $50,000 ($25,000 in FY 2021-22 and $25,000 in FY 2022-23) - this number excludes the overtime costs that will come from additional training time

o                     Schedule - July 2021 through June 2023

o                     Staffing - PD

o                     Intended outcome - Better outcomes for tense or stressful interactions between the PD and the community/visitors

 

                     Consider Options in the Near-term to Create Citizen’s Oversight Out of the CMO until a More Formal Citizen’s Oversight Body is Established - Staff will explore, potentially with consultant support, options to increase citizen’s oversight in the near-term. As noted in the longer-term citizen’s oversight item in this report, reassignment of PD oversight away from the City Manager will likely require a City of Alameda Charter Amendment. In the near-term, hiring a Public Safety Auditor may address this request

o                     Budget request - $20,000 in FY 2021-22 (N/A, if the Public Safety Auditor position would address this topic)

o                     Schedule - July 2021 through March 2022

o                     Staffing - CMO, CAO, PD

o                     Intended outcome - Evaluate and possibly move forward with an oversight process ahead of a more comprehensive evaluation and process change regarding PD oversight and/or accountability

Staff-led Efforts in the Coming Year (No Additional Budget Request at This Time)

                     Evaluate Options to Create a Code of Conduct for Sworn Personnel - The City’s existing personnel rules and regulations provide expectations for sworn personnel. Any discussion will require contract negotiations across several bargaining units and staffing capacity will be limited by other police reform and racial equity efforts. Contract negotiations are scheduled for later this year.

o                     Budget request - N/A at this time

o                     Schedule - Fall 2021- Spring 2022

o                     Staffing - PD, CMO, HR

o                     Intended outcome - Through negotiations process, explore additional  expectations for sworn PD personnel

 

                     Identify Traffic Enforcement Policy Focused on Safety-related Citations (working through Transportation Commission) - Staff will initiate this discussion, working with the Vision Zero team and others on staff.

o                     Budget request - N/A (existing resources can be used)

o                     Schedule - July 2021 through December 2021

o                     Staffing - PD, CMO, Planning Building and Transportation, CAO

o                     Intended outcome - Evaluate options to improve traffic enforcement policy

 

                     Request for a Report on Universal Basic Income (UBI) - Staff will develop a report on UBI and present the finding to the City Council.

o                     Budget request - N/A (existing resources can be used)

o                     Schedule - October 2021 through March 2022

o                     Staffing - CMO, CAO, CDD

o                     Intended outcome - Provide overview of UBI programs, costs, and administration

                     Present a Staff Report for City Council to Consider Automatic License Plate Readers (and Speed Cameras) - Some work has already been done to evaluate the efficacy of ALPR systems. Staff is prepared to finalize that work and present a report to the City Council, but suggesting a 2022 timeframe, since the City Council discussion included a note to de-prioritize this effort, relative to others. Finally, speed cameras are not legal at this time in California, but could be further evaluated if that technology becomes a viable option.

o                     Budget request - N/A (existing resources can be used)

o                     Schedule - March 2022

o                     Staffing - PD, CMO, Planning Building and Transportation, CAO

o                     Intended outcome - Provide a policy perspective on ALPR (and possibly speed camera) efficacy so Council can provide policy direction to staff. If the City Council does wish to proceed, the new program would have to be budgeted.

 

                     Explore Ways to Support “Know Your Rights Training” in the Community - Staff will consider and create opportunities to promote this program.

o                     Budget request - N/A (existing resources can be used)

o                     Schedule - August 2021

o                     Staffing - CMO, PD, and faith-based and/or student groups

o                     Intended outcome - Raise awareness in the community about rights and protections related to interactions with police

 

                     Present Options for Deterring Catalytic Converter Theft, As Well As Other Crime Prevention Ideas - Staff will present options for the City Council’s consideration; options might include: an information campaign, a rebate program for catalytic converter cages, or other approaches to address catalytic converter or other crime prevention ideas.

o                     Budget request - TBD

o                     Schedule - Fall 2021

o                     Staffing - TBD

o                     Intended outcome - Decrease catalytic converter theft, and provide other resources to the community to minimize crime

 

                     Implement policies in the next two weeks [from May 8 City Council meeting] to review all use of force and random body camera video in the City Manager’s Office - As staff has explored this direction, we have been reviewing how this could occur within current California law, particularly as it relates to privacy and California Law Enforcement Telecommunications Systems (CLETS) training requirements as well as researching how it could be implemented most effectively Additional training may also be required. President Obama’s 21st Century Policing Report specifically recommends that individuals responsible for reviewing use of force incidents should have, “adequate training, knowledge, and experience in investigating police uses of force.” The incoming Chief has made the City Manager aware of new technology that may work in meeting the goals of the City Council on this direction.  As the Chief begins we intend to immediately explore this option.

                     Return to the City Council with a proposed revision to PD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions - The PD has established policies in place to review use of force incidents. Further refinements to the policies will take staff time and potentially outside consultant support. For context, between 2014 and 2020, PD averaged just under 28 use of force situations per year out of an average of 1,793 arrests per year during the same period of time. Each of use of force is reviewed extensively under the existing review procedure. Staff will be heavily involved in other police reform related matters and will required additional time to re-review these policies. The incoming Police Chief also has extensive experience with use of force policy updates. The City Manager intends to take the lead in working with the City Manager’s office and City Attorney’s office in the development of this policy to meet Council direction.

                     Compendium of Mental Health Resources, and Protocols for Use - A robust list of existing mental health resources has been prepared (and additional resources are still being explored to ensure that we develop a comprehensive list). The list will be available to City staff and the community. The protocols for use will be established as part of the alternative mental health/crisis response program; however, the list includes information on the hours, services, and type of response (which may be helpful to the general public regarding the overall usefulness of the program relative to their needs).

o                     Budget request - N/A at this time

o                     Schedule - In progress and working to complete with launch of alternative mental health response program

o                     Staffing - CMO

o                     Intended outcome - Create a list of available resources and make the list available to the community

 

2023 and Future

                     Support the Business Community’s Effort to Address Equity and Race - The Community-led Steering Committee’s recommendation included a supporting the local business community with equity and inclusion work. The recommendation suggests that the City should convene and provide training for businesses in Alameda. This effort will require experienced facilitators and discussion with the City’s business leaders. The business community may be able to move forward with an effort such as this sooner.

o                     Budget request - TBD

o                     Schedule - 2023 or later

o                     Staffing - CMO, CAO, CDD

o                     Intended outcome - A business community that is more aware and sensitive regarding equity and race

 

FINANCIAL IMPACT

 

Accepting the update on the police reform and racial equity draft work plan does not commit the City to any specific uses of funds or have direct financial impacts.

 

The budget decisions discussed above will be subject to future City Council consideration and appropriation approval as part of the Fiscal Year 2021-23 biennial budget adoption process in May and June 2021.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

This action is in conformance with the Alameda Municipal Code and all policy documents.

 

ENVIRONMENTAL REVIEW

 

This action is not subject to environmental review as the activity is not a "project" for purposes of the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, in accordance with CEQA guidelines, section 15378(b)(5).

 

CLIMATE IMPACTS

 

There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.

 

RECOMMENDATION

 

Recommendation to accept update on progress to date and the police reform and racial equity draft work plan and provide direction on a mental health response program.

 

ALTERNATIVES

 

Staff is recommending that the City Council accept the completed items, and provide direction on the draft work plan attached. The City Council may wish to re-prioritize items or provide additional/different direction.

 

CITY MANAGER RECOMMENDATION

 

The City Manager’s recommendation is focused on the direction from City Council to bring back a Pilot Program for Mental Health-Oriented Response for consideration by the end of June.

 

There are four alternatives provided that each have pros and cons to their respective implementations.  The options are not laid out in any specific order.

 

Option 1:                     Fire Department PILOT (with delay in fourth ambulance)

Pros:                     

                     It can be implemented within the Summer time frame.

                     It provides a lower cost alternative due to delaying fourth ambulance.

                     It is believed that the department after training of the paramedics as clinicians can potentially obtain 5150 certification through the County.

                     There would be a follow-up element with the Mental Health professional clinician.

 

Cons:

                     Would delay the fourth ambulance.

                     Hiring of the Mental Health clinician would create an employee position which would need to be laid off if after the PILOT, the City Council determined another long-term option is preferable.

                     Will have a training component which will take implementation time

                     Mental Health professional would not go on calls.

 

Option 2:                     Fire Department PILOT (ambulance also goes in service)

Pros:

                     It can be implemented within the Summer time frame.

                     It is believed that the department after training of the paramedics as clinicians can potentially obtain 5150 certification through the County.

                     There would be a follow-up element with the Mental Health professional clinician.

 

Cons:

                     Higher first year cost than option 1.

                     Would require overtime which would put more pressure on City employees in the Department.

                     Mental Health professional would not go on calls.

                     Will have a training component which will take implementation time.

 

Option 3                     First option of Felton Institute

 

Pros:

                     There would be trained Mental Health professional on calls.

                     Operated by an agency which is based in this industry.

                     It locally operated and would meet the community-based goals.

 

Cons:

                     This option does not provide 24/7 service, but targets toward times of higher likelihood of calls.  Similar to County programs.

                     Higher cost in first year than Option 1 but lower cost than Option 4.

                     Would need County approvals for the program and would have more logistical coordination issues because of response requirements on 911 calls in California.

                     Felton Institute has operated various programs but not an emergency response program such as this.  This was specially developed for Alameda.

 

Option 4                     Second option of Felton Institute

Pros:

                     There would be trained Mental Health professional on calls.

                     Operated by an agency which is based in this industry.

                     It locally operated and would meet the community based goals.

                     Provides 24/7 hour response.

 

Cons:

                     Higher cost in first year than option 1.

                     Would need County approvals for the program and would have more logistical coordination issues because of response requirements on 911 calls in California.

                     Felton Institute has operated various programs but not an emergency response program such as this.  This was specially developed for Alameda.

 

Other Consideration for all four options

 

                     Each option would require Alameda County approval for this type of response.  The approvals would vary depending on the program selected by the City Council.

                     There would be required Police response as a backup or primary depending on the call for each option.  With the Felton Institute Option 911 calls would be required to be cleared by an Officer (as the requirements currently stand)

                     We are in discussions with Alameda County EMS and Behavioral Health and the City Manager believes we can work through each alternative with them, but the requirements may vary depending on the option preferred by the City Council.

                     The City Manager’s Office also looked at CATS operated by Alameda County.  That program has an Officer respond on each call and is currently at capacity and can’t be a Pilot, but could be considered for a longer term program.

 

Respectfully submitted,

Eric Levitt, City Manager

 

Financial Impact section reviewed,

Annie To, Finance Director

 

Exhibits:

 

1.                     March 16, 2021 City Council Staff Report - Community-Led Steering Committee Recommendations

 

2.                     Felton Institute Justice Service Programs