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Minutes of the Special Meetings Held on May 8, 2021 May 11, 2021, and May 18, 2021, and the Regular Meeting Held on May 18, 2021. (City Clerk)
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UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SATURDAY- -MAY 8, 2021- -3:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 3:09 p.m. Councilmember Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]
Absent: None.
COUNCIL REFERRAL
(21- ) Consider Directing the 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)
Mayor Ezzy Ashcraft and Vice Mayor Vella gave a presentation.
Councilmember Herrera Spencer inquired whether this is the meeting Vice Mayor tweeted about: calling for an emergency City Council meeting so action can be taken in response to the death of Mario Gonzalez.
Mayor Ezzy Ashcraft responded the meeting that she and the Vice Mayor called is for the purpose stated in the Council Referral.
Councilmember Herrera Spencer stated it sounds like it is not that meeting; she would like clarification that it is not the intent of the meeting; she would also like clarification about the Council giving direction on March 16th; there were an array of motions, which were unanimously supported; her understanding is that said direction would be coming back to Council; she thinks Council has already given direction on many, if not all, of the points in the Referral; she would like to know if Councilmembers are now opposing the motions that were made on March 16th; questioned what new items required holding this meeting and how the list differs from the direction Council already gave to staff.
Mayor Ezzy Ashcraft stated that she believes Council can accelerate and supplement some of the Subcommittee recommendations; she has been working with organizations, such as Alameda County Behavioral Health Services, and reaching out to other Mayors and has learned about things that Alameda would be able to use, which is why it is important to have a compendium of all the resources; others do not have a 24 hours a day, 7 days a week (24/7) response, which is a shortcoming; the City of Berkeley has its own Health Department with a Mental Health Division and sends mental health calls to John George Pavilion and overdoses to Alta Bates Hospital; it is important to see what resources are out there and how cities might partner to provide services; she could discuss the White Bridge Clinic; the Crisis Assistance Helping Out On The Streets (CAHOOTS) model should be accelerated, as well as immediate training for Dispatchers and Officers related to the compendium.
Councilmember Herrera Spencer stated that she believes Council already gave direction on the issues, especially the CAHOOTS model; inquired whether the Mayor and Vice Mayor have a proposal for other areas the City Manager and staff are currently working on that will be on the upcoming agenda; inquired whether the direction is for staff to stop working on said items and dedicate more time to other areas being proposed.
Mayor Ezzy Ashcraft stated Council will be hearing from the City Manager as part of the discussion.
In response to Councilmember Daysog’s inquiry about the nine minute Council speaking rule, the City Clerk stated the Council Meeting Rules of Order have an exception; nine minutes does not apply to a meeting with a single item with no other business being addressed, such as this meeting; however, the presentation and public comments are still timed.
Councilmember Knox White inquired whether the City Manager could provide an update on the work being done.
The City Manager stated staff has been looking at models such as CAHOOTS, Community Paramedicine and a couple of different alternatives, as well as crisis services through the County; different resources are being reviewed; one issue is 24/7 response, which is not currently available; one model or a combination of models is being reviewed; the use of force policy is being reviewed; the incoming Police Chief also forwarded information on advisory and oversight committees.
Discussed Police allowing an armed man to terrorize a gathering of mostly black protesters, killing Mario Gonzales, and requests for unarmed mental health first responders; stated over 10,000 people signed a petition; echoed the demands of the Gonzales family; urged Council to adopt a program like Mobile Assistance Community Responders of Oakland (MACRO); discussed a reduction in Police services and funding: Jenice Anderson, Alameda.
Stated the Council knows what to do and has the Steering Committee recommendations, a petition, a list of demands and the suggestions from today; Council should set aside petty issues and come through for Mario Gonzales, as well as other Black and Brown people who have died in Police custody; Alameda is not different or special; a man did not need to die: Cheryl Taylor, Steering Committee.
Stated Mental Health (MH) First is a non-Police response to decriminalize mental health crises; what happened to Mario Gonzales is a direct result of systematic hostility; she is in solidarity with the family; a community response model autonomous from Police is needed; more Police training has been proven not to work; discussed CAHOOTS; urged consulting with Black and Brown local organizers and not working with the Oakland Mayor: Rebecca Ruiz, MH First.
Thanked the Mayor and Council for prioritizing the meeting; stated it is time to take action; she supports the demands of Mario Gonzales’s family; 50% of 911 calls are for non-criminal matters; outlined actions Council should take: Debra Mendoza, Unbundling Police Services Subcommittee.
Stated people demanded change last year; the City needs an immediately implementable program supported by those most impacted; MH First and MACRO can happen now; the Officers and civilian should be fired; discussed funding; urged Council to support the demands of Mario Gonzales’s family and to take action now: Alexia Arocha, Alameda.
Discussed public input and the public process to evaluate public safety; urged Council to take immediate action to unbundle health calls, not to spend more money on Police training and to use Police funds for mental health programs: Erin Fraser, Unbundling Police Services Subcommittee.
Discussed Lexipol policy use and adoption; outlined handcuffing and restraint policies that should be implemented; expressed support for Charter reform and a commission with real teeth; urged Council to work quickly: Zac Bowling, Alameda.
Discussed youth being criminalized by Police and Mario Gonzales’s brother; expressed support for the family’s demands, creation of a City and community model and not collaborating with Oakland Mayor or having Crisis Intervention Team (CIT) training or CAHOOTS: Barni Qaasim, Communities United for Restorative Youth Justice.
Expressed support for the family’s demands; outlined suggestions for a mental health program: Evelyn Canal.
Discussed previous demands, not keeping commitments and coming along together; urged Council to lead, meet the demands of Mario Gonzales’s family and create a mental health response housed outside of the Police Department: Grover Wehman-Brown, Alameda.
Discussed adoption of Subcommittee recommendations; urged Council to do the right thing and put teeth behind recommendations: Heather Reed, Systemic and Community Racism Subcommittee.
Stated Police in Alameda are operating to keep Black and Brown people in their place; no amount of Police reform will work; Police killed Mario because they could not control him and should all be fired; Police funds should be reallocated to mental health professionals: Marilyn Rothman, Alameda.
Stated where a city puts it funds is where it gets results; discussed services; urged resources go to things that lift up children and provide a hand up; stated any solution must put the community first and value the experiences of people impacted by Police; urged review of restraint policies: Jennifer Rakowski, Alameda.
Discussed an incident when she called the Police; stated a single 24 hour number is needed for calls that do not need a Police response; urged Council to implement the items in the Referral: Jennifer Taggart, Alameda.
Outlined a letter submitted by the Alameda Justice Alliance (AJA); urged funds be shifted from Police to social services: Laura Thomas, AJA.
Discussed American Civil Liberties Union (ACLU) People Power meetings in 2017 and systemic racism; urged Officers be fired and Council adopt and fund the Subcommittee recommendations: Amos White, Alameda.
Stated that he supports the demands of Mario Gonzales’s family and swift implementation of the Subcommittee recommendations, including an oversight board and unbundling services; something must change; fundamental rights should not be subject to a democratic vote: Josh Geyer, Alameda.
Discussed Mario Gonzales’s death; urged Council to approve the Referral and Subcommittee recommendations; stated the damage the Police Department is inflicting on community members must end; the community demands justice be served for Mario Gonzales and the Officers be brought to justice: Kristen Welch, Alameda.
Expressed his outrage; demanded the Officers be charged and the family demands be supported; outlined the Alameda County Pool of Consumer Champions (POCC) and State bills: Austin Tam, POCC.
Stated 1,532 neighbors signed a petition demanding APD funding be diverted for mental health responders; Mario Gonzales’s tragic death has made it obvious the Police Department is not equipped to handle people in different mental states; urged funding for mental health responders and related community services: Ashley Lorden, Alameda.
Stated what happened to Mario Gonzales was unfathomably appalling; he supports the family’s demands; urged Council to vote yes on all aspects of the Referral: Kevin McCarty, Alameda.
Stated Transform Alameda is pushing for justice for Mario Gonzales and his family; one of the Officers attends her church and is known as a gentle, kind person; the example shows the City cannot train its way out of Police violence and harm; a system of safe policing is not possible; the only way to prevent further deaths is by reducing contact between Black and Brown communities and the Police; urged the creation of a non-Police crisis response be prioritized: Carly Stadum-Liang, Transform Alameda.
Discussed Police Department systemic problems; stated everyone bears responsibility; stated the investigation should look at the entire Department, not just the specific Officers: Ben Calica, Alameda.
Stated the City needs to swiftly shift responsibilities for responding to non-criminal matters, especially mental health calls; discussed the need for community oversight; stated project management is needed to move the City where it needs to be; discussed the Brown vs. Board of Education case; urged actions be with all deliberate speed: Jonathan Soglin, Unbundling Police Services Subcommittee.
Echoed the demands of the Gonzales family; discussed liability; stated policing is about control and violence, not safety; Council is upholding Alameda’s racist legacy; urged APD be defunded in the upcoming budget process: Is Sullivan, Alameda.
Echoed the demands of Mario Gonzales’s family; urged a program similar to MACRO be implemented and Alameda Police be defunded in the upcoming budget cycle; stated Black and Brown people do not feel safe in Alameda: Jam C.
Stated the City needs a non-Police response to mental health crises calls; encouraged working to implement something similar to MACRO; expressed concern about the Police labor agreement: Lorin Salem, Alameda.
Outlined steps that should be taken: meet the demands of Mario Gonzales’s family, immediately implement community oversight of the Police Department, start a community directed comprehensive policy and practices review and create a non-Police response for all non-criminal matters, especially mental health, intoxication and homelessness calls; suggested hiring an outside consultant; discussed funding: Beth Kenny, Alameda.
Urged funds be reallocated to mental health services; expressed concern about having to call a number different than 911: Sharon Golden, Alameda.
Stated the killing of Mario Gonzales was horrific; discussed 911 calls and the job of Police Officers; urged defunding of APD and funding of services that will help all people: Brandon Svec, Alameda.
Stated that her first lessons in racism came from growing up in Alameda; urged the demands of Mario Gonzales’s family be met; stated training will not eliminate racism; urged following the solutions proposed by Black, Indigenous and People of Color (BIPOC) community members: Claire Valderama-Wallace.
Stated Mario Gonzales might have lived if Alameda’s Police violence emergency, which has been endured for decades, had been treated as an emergency; discussed being complicit; urged using Police Department funding; discussed racism in Alameda: Savanna Cheer, Alameda.
Urged mental health and similar incident responses be separate from the Police Department; encouraged the responses be within the 911 system; stated Dispatch and Computer-Aided Dispatch (CAD) could be removed from the Police Department, which has been done in other cities: Lucy Gigli, Alameda.
Stated that she is saddened and outraged; the demands from the community and Mario Gonzales’s family are echoed in a letter she submitted along with 40 other Alameda moms; questioned what is the hold up: Meredith Hoskin, Alameda.
Inquired about Police reform proposed by the former Police Chief and why the Mali Watkins report has not been made public: Marilyn Grabina.
Stated Alameda and its Police are not different or special; asked Council to immediately hear and act upon the demands of Mario Gonzales’s family and the Subcommittee recommendations; urged Council to stop resisting change: Melodye Montgomery, Alameda.
Implored Council to take action today; stated Mario died because the City delayed action; echoed the family’s demands; urged focusing on MACRO; stated that she supports the demands of 11,000 petition signatories: Laura Cutrona, Alameda.
Discussed her mental health nursing experience in San Francisco 10 years ago; stated everyone should be outraged; recommended mental health professional work in tandem with the Alameda Police and a separate organization, such as the Geriatric Assessment and Treatment Program; suggested the mental health treatment program be named after Mario Gonzales: Jeanne Lahaie.
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Mayor Ezzy Ashcraft called a recess at 4:46 p.m. and reconvened the meeting at 5:04 p.m.
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Mayor Ezzy Ashcraft discussed the CAHOOTS program; stated that she wants whatever is done in Alameda to be done in partnership with the community; she and Vice Mayor Vella met with Cat Brooks from the Anti Police Terror Program (APTP); she is grateful for the resources; discussed the Subcommittees; stated that she is hoping to hit the accelerator harder; discussed a SF Gate article quote.
Vice Mayor Vella stated that she hopes the Council will act with all deliberate speed; today is geared at coming up with a concrete timeline for implementation of very clear changes to protocols and practices; she would like Council to discuss each recommendation; discussed non-armed responses to mental health calls; inquired whether the City can transition; what is needed to do so; what can currently be used 24/7; how many calls are there; how can community be built to ensure that there are alternatives for folks in crisis; what is required to have trained mental health professionals; how are non-Police responses dispatched; how does the City go about implementation with deliberate speed; what is the timeline for a ballot initiative; what could be established now to review policies and give oversight; stated that she wants Council to go through the items and staff to provide input; discussed County Health and dispatching.
The City Manager stated a non-Police response can be done; 24/7 response needs to be addressed; the Community Paramedicine program could be expanded; a combination could be done similar to MACRO; staff needs Council direction on which model would work best short and long term; staff is working on ways to move forward; he has been in discussion with the County about its programs.
In response to Mayor Ezzy Ashcraft’s inquiry, the City Manager stated there are proposed City models versus accessing County services.
Mayor Ezzy Ashcraft inquired about community based response, to which the City Manager responded community based response would be similar to CAHOOTS or the Mental Health First program.
Councilmember Daysog discussed how an implementation timeline related to personnel would be helpful; expressed support for project management and something actionable; stated Council direction should request the City Manager to review different mental health models and a work plan, including models less than 24/7 versus 24/7; planning project management work would be useful for him.
Councilmember Herrera Spencer stated on March 16th, Council gave direction to the City Manager to look into different models; discussed the Community Paramedicine program; inquired whether mental health calls are already being addressed by Fire; stated perhaps better coordination is needed between the Police and Community Paramedicine; Alameda Hospital could be part of the solution; the City has a good foundation; the City meets with the Hospital; she suggested adding Alameda Family Services to the meetings; something seamless could happen.
Mayor Ezzy Ashcraft noted Alameda Health Services (AHS) is picking up one year of costs for the Community Paramedic; discussed a conversation with AHS Chief Executive Officer.
Councilmember Herrera Spencer inquired whether mental health services calls are sent to the Fire Department and whether there is coordination with the Police Department; requested an explanation of what is currently done.
The Interim Fire Chief responded the vast majority of calls are 911 calls, which are received by Police Dispatch; stated Dispatch assess whether it is a Police or Fire call; Fire calls are transferred to the Fire Dispatch center, which dispatches all calls across the County; mental health crisis calls historically go to the Police Department; non-violent calls could go to the Fire Department; Fire often goes on the calls in the event the person needs transport to a facility; currently, a lot of people are transported to the John George County facility; the Police Department calls the Fire Department for transport to John George when someone is on a 5150 hold; if it is medical emergency, the Fire Department transports to the closest, most appropriate hospital; the Fire Department is currently in the second position on a call for service for a mental health crisis; he has had conversations with the Police Chief and City Manager about moving the Fire Department into the first position; provided a recent example; stated there is a possibility to dispatch non-violent calls to the Fire Department; if the situation is unstable, the Police Department might have to be called; in many cases, patients can be handled by the Fire Department; the Community Paramedic does not work 24/7, 365 days a year, but ambulances and on duty personnel are available around the clock, including on duty managers and supervisors.
In response Mayor Ezzy Ashcraft’s inquiry regarding mental health training, the Interim Fire Chief stated there is continuing education, which is mostly about medications and reactions; Emergency Medical Technician (EMT) and Paramedics learn mental health in school; specialty education on mental health crisis issues has been offered by Alameda County Emergency Medical Services (EMS); it is a 90 hour de-escalation and crisis intervention program.
In response to Mayor Ezzy Ashcraft’s inquiry, the Interim Fire Chief outlined the Alameda County Community Assessment Treatment and Transport Team (CATT), which sends a Clinician and an EMT to respond to calls; stated it is on a very limited basis due to not having staffing at this time; discussed transports; stated in preliminary conversations, County EMS has offered to allow the Fire Department latitude in transporting calls to alternative destinations, rather than the emergency room.
Councilmember Herrera Spencer requested clarification whether non-violent calls could go to Fire first, which is already happening in some situations; stated doing so could be a short-term, immediate change.
The Interim Fire Chief stated the calls appropriately go to Police Dispatch that has the proper equipment to follow calls; discussed Dispatch operations; stated non-violent calls could go to Fire.
Vice Mayor Vella stated that she does not have a problem switching non-violent calls for service to Fire first if there is a mechanism in place; stated that all 5150 calls do not need to go to John George; inquired whether there is a way to work with civilian or community based response models; how it could be integrated; are there alternative destinations other than a hospital or John George, such as a day center.
Mayor Ezzy Ashcraft stated that she would like the City Manager to respond since he has been surveying options; she is interested in working with people who are currently trained and working in the mental health field; Firefighters getting 90 hours training is admirable; however, there is something to be said for someone already well versed in responding; calls could involve the homeless, which involves connecting to existing resources; requested the City Manager to share what he has learned about other transport options.
The City Manager stated the County has the mobile crisis teams; the question is whether Council wants community based, agency paramedicine or some combination; the models are being evaluated; answers can be provided if Council prefers one model; options can be brought back.
Mayor Ezzy Ashcraft stated that she wants whatever can provide the most coverage; she does not want gaps in coverage; when calls come in, she does not want to send the Police because there is no one else to call; she has not researched the best model; it may be cobbling a couple of different systems together.
Councilmember Knox White acknowledged the loss of Mario Gonzales; stated condolences are not enough; with a couple of tweaks on a few items, he will be ready to support the seven items in the Referral; Councilmember Daysog’s comments started down the path he was also thinking about; as the policy body, Council should ask the City Manager to come back with recommendations; as Councilmember Herrera Spencer said direction has been to start looking at the matter; he was heartened that the City Manager already had meetings on the books and was working on the issue the day following Mario Gonzales’s death; he does not have a strong belief whether it needs to be a community or staff based organization; for longevity, having things within the organization tends to ensure it stays; outcomes and the types of tools should be identified; there is a place for well-trained Paramedics and Firefighters, but mental health professionals will be needed as well; rather than choosing a specific model, he would like to consider giving direction to remove as many calls from the Police Department as fast as possible, without having to come back to Council and using any resources available, such as CATT or the Fire Department; the administrative change should be made if Council gives policy direction; direction should be given to bring a pilot project back within eight weeks; it will probably sound a lot like what Councilmember Herrera Spencer said using the community based Paramedicine program; it needs to be built out with roles identified and include costs and needed resources; he will support anything that has a remotely reasonable cost; the City is in this position because cuts have been made; the longer term conversation can start once the pilot is up and running; everyone is saying get something going now; by the end of the year once the pilot is going, a decision can be made about where to go from there; a motion should give direction about what can be done now without asking, just telling Council what is being done; staff should return in eight weeks or faster if possible; staff has been meeting with the County since last summer; some of the things on the table are exciting and would make the City a Nation leading program well beyond MACRO; he does not know what it would look like to have mental health first and bring in community response.
Mayor Ezzy Ashcraft expressed support for identifying outcomes; inquired whether Councilmember Knox White would like the matter to return by the end of the Fiscal Year.
Councilmember Knox White responded in the affirmative.
Councilmember Daysog stated the features that he is looking for in a mental health model are 24/7 and he prefers in-house staff credentialed in mental health issues; he is looking for models that fit said bill and could be transferred to fit Alameda; crises can occur late at night and early morning, so 24/7 is needed.
Councilmember Herrera Spencer stated that she agrees with some of what has been said; she believes Council gave direction to the City Manager on March 16th; she looks forward to hearing the City Manager’s recommendations; she does not support having the City Manager implement something before returning to Council; she would support continuing the meeting to a date certain; she is not sure if it can be within a couple of days or if the City Manager needs more time to come up with a recommendation; discussed the Community Paramedicine program; stated the program could be expanded and the City would have control; she looks forward to hearing more from the City Manager and Fire Department; the City gets mental health calls all of the time; more training may be required; she wants to hear from staff about what is needed; Highland Hospital is part of AHS now, which has different facilities for mental health and trauma needs; she wants to ensure the City is leveraging current assets; tweaking or more fully utilizing what the City currently has should be seamless and is her preference; she is not sure if Alameda Family Services could be included and be of value; in regards to who to call, staff can disseminate information; however, most of the numbers are Monday through Friday, 8 am to 5 pm; staff can continue to work on who to call without returning to Council; she wants to hear from the City Manager on how calls will be prioritized; the City Manager’s job is to make recommendations; at this point, her go to would be to find out how to leverage the Paramedicine program; discussed the program; stated that she supports the City Manager working with both the Fire and Police Departments to better serve the community going forward.
Vice Mayor Vella stated that she is interested in how the City operationalizes something imminently; if it is as easy as changing the priority of who is dispatched, she would like to see Community Paramedicine and Fire dispatched on calls for service for crisis intervention and mental health response, rather than sending an armed response; the 90 hours of County training should be done to give additional tools to people already being dispatched on calls; she would like to hear more about who Paramedics work with on the calls; she would like to understand the current system and how work is done in conjunction with each other; questioned what would it look like to have Clinicians working in conjunction with EMTs similar to other cities; stated that she wants to understand integration with the current dispatch system; discussed types of crisis calls; stated that she cosigns what has been said; the City needs to ensure that conversations are not just continued; instruction has been given; she wants to understand what the work plan will look like and the timeline; her preference is as soon as possible and before the end of the Fiscal Year.
Mayor Ezzy Ashcraft stated that she agrees with almost everything everyone else has said; discussed the Community Paramedicine program; stated AHS picking up the cost of one person is $250,000; moving forward she would want to look at Clinicians already trained in mental health response similar to the Berkeley model; the City should get the most skilled, appropriate people; transport should be expanded beyond John George and emergency departments; there are other facilities that the City may be able to tap into in San Leandro and Oakland; she agrees with what Vice Mayor Vella and Councilmember Knox White have said; who handles the calls should be reprioritized and response should be unarmed whenever possible, which should be done within the next eight weeks.
Councilmember Daysog stated that he was pleased to be part of historic reforms on March 16th; the reforms were not implemented in time to prevent the tragic death of Mr. Gonzales; his death occurring one month after the Council vote underscores the need to redouble efforts to implement the reforms; expressed support for the meeting and accelerating the reforms; joined the community and City Council in expressing his heartfelt grief over the death.
Councilmember Knox White acknowledged Councilmember Daysog’s comments; stated the success of the pilot program should be based on removing as many interactions as possible; unarmed response is not needed; mental health officials are going to be needed at some point; the City does not have any on staff and would need to bring in consultants or staff at some point in time.
Mayor Ezzy Ashcraft stated that she was wondering if the City could tap into Alameda Family Services or some mental health clinical professionals to provide coverage after hours when the Community Paramedic is not available.
Councilmember Herrera Spencer stated that she wants to hear from the City Manager about whether he has a timeline; she would like an update in regards to the Council requests, which were the same issues raised March 16th.
The City Manager stated staff is preparing to bring back a report based on the March 16th direction, which will return in June with the discussion today helping to inform the report even more; three critical areas for a mental health program that need to be brought together are: 1) authorization of 5150, which is currently limited law enforcement, 2) ability to transport and 3) connecting to services; the Community Paramedicine and County health teams currently do not have 24/7 response; staff can determine how to put the elements together to reach 24/7; the one Community Paramedic does follow up and do proactive work on individual cases, but does not respond to 911 calls; more full implementation would require additional resources in the Fire Department; staff will bring back a more full Community Paramedicine program versus a community based response or model similar to CAHOOTS, which would be more long term; the interim approach would be to move as many responses out of Police to an alternative sources, which would come back in June; then, bring back a more long term approach later.
Councilmember Herrera Spencer inquired about Fire Department staffing.
Mayor Ezzy Ashcraft stated, as a point of clarification, the matter on the agenda has to do with alternative Police response; the Council is not talking about sending Firefighters on Police calls; inquired whether the question stays within the agenda subject matter.
Councilmember Herrera Spencer stated the connection is Community Paramedics are under the Fire Department; knowing how many Firefighters are in the City is relevant.
Mayor Ezzy Ashcraft stated in order not to confuse the public, there is one Community Paramedic.
The Interim Fire Chief stated there is a minimum of 25 people on duty per day, including the one shift manager, which is a Battalion Chief; three shifts make it 24/7; the one Community Paramedic works 40 hours per week; others with a Community Paramedic background work on shifts, but are not working in said capacity; three ambulance companies have six people.
In response to Mayor Ezzy Ashcraft’s inquiry, the Interim Fire Chief stated the Community Paramedic works days; a day assignment differs from a 48 hour shift.
Mayor Ezzy Ashcraft inquired whether others are trained, but not acting in the capacity of a Community Paramedic, to which the Interim Fire Chief responded in the affirmative; stated they can be assigned in as needed if the current employee left.
Councilmember Herrera Spencer inquired how difficult it would be to expand the Community Paramedicine program to 24/7.
The Interim Fire Chief responded it would have to be expanded to an around-the-clock squad with three shifts of at least one person; a conversation with the Fire union would be required; the position would change from 40 to 56 hours.
Councilmember Herrera Spencer inquired whether the Community Paramedics could support the Department if not responding to calls; stated that she thinks it could be a flexible program.
The Interim Fire Chief responded the Fire Department would recommend adding two Firefighters per shift, which would be a 24/7, 365 days squad; the Paramedics or EMTs would have special training and additional certifications; outlined equipment the Department currently has that could be used; stated the Department goes on mental health calls daily; of the over 5,000 EMS calls a year, 500 are 5150 transports; the Department would like the calls to go to alternate destinations, which the County has said it would authorize.
The City Manager stated the Interim Fire Chief’s comments summarize what would be used on an interim basis prior to implementing a long term approach.
Mayor Ezzy Ashcraft stated the City Manager will also be considering the budget implications; review of what the City could get for the cost of a Community Paramedic should be considered; noted Berkeley sends out a Clinician with an EMT; there are options; she appreciates that the City Manager will look at what can be done in the short term; inquired whether Council is prepared to move forward with the recommendations accepting the additional clarifications about acting in the immediate term to move calls away from Police, bringing a report back and having the changes implemented before the end of the Fiscal Year; stated Councilmember Herrera Spencer asked about continuing the meeting; inquired whether the City Manager would return at the first June meeting.
The City Manager stated that he does not have the specific date yet; it could be the first or second June meeting.
Mayor Ezzy Ashcraft stated that her sense is the Council wants the matter to return sooner rather than later; inquired whether the City Manager could respond sooner if the meeting was continued or if more time is needed.
Councilmember Knox White stated Councilmember Herrera Spencer seemed to be reacting to his comments asking the City Manager to implement things right now before coming back with a pilot program; if said direction is not moving forward, continuing the meeting might not be necessary.
Councilmember Herrera Spencer stated direction was already given on a lot of things the City Manager can continue working on; if the City Manager thinks he needs additional direction, it is appropriate for him to come back and check in with Council; discussed the purview of the City Manager and what can be done without additional Council direction; stated if the City Manager wants to return, she would like an update on the March 16th direction; she would like to continue to move along as Council and staff have been doing; she is not sure whether the City Manager could return sooner; if so, she wants to make the option available; discussed community concerns; stated if the City Manager would like to come back June 1st, the meeting does not need to be continued.
Councilmember Knox White stated that he would be happy to propose a motion on Referral Item 5: create a mental health-oriented response model.
Councilmember Knox White moved approval of asking the City Manager, within his discretion, to move as many responses as he can with existing resources and return no later than the end June, but as early as practicable, with a pilot program proposal and budget that incorporates all of the feedback heard about how people would like to see it developed.
Mayor Ezzy Ashcraft inquired whether Councilmember Knox White would consider amending the motion to include Referral Item 2: a compendium of all mental health resources and direct protocols for their use, which comes under the theme of mental health response.
Councilmember Knox White agreed to include Item 2 in the motion.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Daysog stated that he is confused; the City Manager said leading up to the March 16th vote, a lot of analysis had been done in terms of different models; rather than saying the preferred model, the Council provided parameters, such as 24/7 and preferably in-house; his sense is that the City Manager is ready to move forward in terms of recommendations; questioned why wait eight weeks if the City Manager is ready; stated his goal was to come out of today with a work plan identifying the tasks required to get the program going; if June 1st was way too ambitious, he must have misheard the City Manager; inquired whether the City Manager could present a program June 1st, along with the associated budget and staffing and an alternative program outlining the look of an expanded Community Paramedicine program.
The City Manager responded a conceptual budget and program could be provided June 1st; stated in the region and other areas, programs, such as MACRO, will take at least a year to implement; he does not think there is an easy solution; he has committed to moving services that can be moved from Police to other responses when possible; one of the issues is 5150 calls; currently, Police is the only agency that can respond to 5150 calls, which cannot be resolved in the next 10 days; even an interim approach with a pilot program will take some time; he can bring the concepts by June 1st.
Mayor Ezzy Ashcraft stated the Interim Fire Chief said Fire currently handles 500 5150 transports a year; inquired whether Fire gets the calls from the Police Department.
The City Manager responded in the affirmative.
Mayor Ezzy Ashcraft inquired whether there is a way the City Manager could have APD direct 5150 transports to AFD, which is currently done for some calls.
The City Attorney responded if the question is whether Firefighters could start making 5150 determinations, State law does not give Firefighters permission.
Mayor Ezzy Ashcraft inquired whether direction could be given that once Police makes a 5150 assessment, transport of the person could be referred to AFD.
The City Attorney responded that he believes that is the existing practice.
Mayor Ezzy Ashcraft inquired whether it is already happening for all 5150 determinations.
The City Manager responded that is primarily occurring; stated if the ambulance is busy, they may go to a second source.
Councilmember Knox White stated the motion asks for something different than what the City Manager planned on bringing, which is why he extended the deadline; the motion directs brining a pilot program with a budget, instead of bringing concepts for Council to discuss further.
In response to Mayor Ezzy Ashcraft’s inquiry about when the matter would return, Councilmember Knox White stated by the end of June.
The City Manager stated having a pilot program with Community Paramedicine doing 5150 is one of the concepts staff has been working on.
Mayor Ezzy Ashcraft stated as it now stands, a 5150 transport by Fire has a Police presence that goes with them.
The City Manager responded the Police have to define it as a 5150 prior to Fire being able to transport.
Mayor Ezzy Ashcraft inquired whether or not it is a joint transport situation.
The City Manager responded Police do transport at times.
The Assistant City Manager stated the way the system works depends on the nature of the person being 5150ed; a Fire transport or ambulance EMT transport is done if that is what is necessary or the Police can do it; the details need to be worked out; he and the City Manager have been in conversations with the Interim Fire Chief and other members of the Fire Department; the dispatch training and clinician training for Firefighters have been identified; there have been discussions with the Oakland Fire Chief regarding the MACRO program; the desire for a quick and efficient transition is understood; there are a lot of moving parts; staff wants to ensure it is being done in a way that meets the community’s quality and safety expectations; staff is working with AFD labor groups as well; staff wants to bring a pilot that can be successful; the timing for launch will involve steps to ensure the program is set up for success.
Councilmember Herrera Spencer stated the City Manager said he would come back with an update on these issues June 1st and he has come up with a way to determine when Police and when Paramedics could be called; she wants to see if the City Manager needs other direction from Council; the City Manager could have done updates and sought direction.
Councilmember Knox White called the question.
On the call for the question the motion carried by the following roll call vote: Councilmembers Herrera Spencer: No; Knox White: Aye; Vella: Aye; Daysog: No; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
Councilmember Knox White stated that he has a couple of other comments; on Referral Item 3 [work with City Council to revise APD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions], instead of working with the City Council, he would like to ask staff to return with a proposed revision; on civilian oversight [Referral Item 7], the process needs to end up on the ballot; it will take a while for it to change; he would like to direct the City Manager to implement policies to review the use of force and random body camera videos via his office; it could be the City Manager or his designee until such time that the City Manager returns with a proposed budget for a position of Public Safety Auditor, which would report to either the City Attorney or City Clerk’s Office, and would help to set up a civilian oversight commission that would report to the position; something would be brought back as a part of the budget discussion; there are a lot of examples of well-functioning City Boards and Commissions; there is not a lot of examples of other civilian police commissions functioning or successfully addressing the issues they were set up to deal with; a hybrid model should be considered; there should be a position that could report directly to Council following a 2022 ballot initiative; the City Manager should be given direction to have civilian oversight of body camera and use of force right now; secondly, come back with short term options while something is considered to be put on the 2022 ballot, which includes an option for considering a staff position outside the Human Resources chain of command.
Mayor Ezzy Ashcraft inquired whether it is Item 7, to which Councilmember Knox White responded in the affirmative; stated it would be civilian oversight; it would not be somebody within the Department; it would actually be someone outside of the City Manager’s office.
Mayor Ezzy Ashcraft inquired how the matter relates to Item 3 [work with City Council to revise APD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions]; inquired whether staff would return to Council with revised APD use of force policies and establish protocols for requesting non-Police response backup and/or other interventions.
Councilmember Knox White stated it would be bringing back a proposal.
Mayor Ezzy Ashcraft stated the language would be changed to direct the City Manager to provide revised APD use of policies, to which Councilmember Knox White responded in the affirmative; stated it does not have to be the City Manager, it could also be the City Attorney.
Mayor Ezzy Ashcraft stated it would be to direct staff.
Councilmember Daysog stated that he is fine with five of the remaining six items; he did not support Item 7 back on March 16th even though he voted for the omnibus motion; he still does not support Charter reform with regard to a Police accountability board; for a small town, it unnecessarily politicizes the situation and will make the work environment for the Police very difficult; there are different ways to achieve it; his request would be to separate out Item 7 since he would support the other five remaining items.
Mayor Ezzy Ashcraft noted Councilmember Knox White modified Item 7.
Councilmember Knox White moved approval of the City Manager implementing policies, in the next two weeks, to develop review of all use of force and random body camera video checks via the City Manager’s office; it does not have to be the City Manager personally; as a part of the budget discussion, return with an item to identify a Public Safety Auditor, who would be housed in the City Clerk or City Attorney’s office, to begin some civilian oversight and help develop what the Commission would look like, with the intent to move through a process to put something on the ballot by 2022 that may involve moving the position as a fourth reporting to City Council, as well as an oversight body that would work with the position, which is a concept that is not a done deal, and come back with ideas on what oversight could look like so that Council could discuss it, rather than just saying it is a civilian oversight board.
Mayor Ezzy Ashcraft inquired whether the motion does not specifically include Charter amendments, to which Councilmember Knox White responded the motion is to work towards putting something on the ballot in 2022; the Council would need to know what is proposed before the measure is placed on the ballot.
Mayor Ezzy Ashcraft inquired whether the motion could only address Item 7 and another motion could address everything that has not been touched on yet.
Councilmember Knox White stated the motion is only on Item 7 due to Councilmember Daysog’s concerns; then, Council could address the balance.
The City Manager noted there are certain legal and procedural issues related to use of force; bringing something back in two weeks might not be able to be done logistically; by June 1st, he was planning on bringing back where the City is moving forward; bringing specific things back might not be procedurally doable.
Mayor Ezzy Ashcraft inquired whether the City Manager has a more feasible date.
Councilmember Knox White stated use of force is not a part of his motion.
In response to the City Clerk’s inquiry regarding use of force being in the motion, Councilmember Knox White stated it relates to oversight of body camera review for use of force, but is not part of Item 3, which is bringing back proposed changes in the use of force policy.
Mayor Ezzy Ashcraft stated it is use of force review.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Daysog request the motion be restated.
The City Clerk restated the motion.
Councilmember Knox White stated the motion is review of body camera video use of force.
Mayor Ezzy Ashcraft stated it is to review all use of force body camera videos; inquired about the budget including the position.
Councilmember Knox White responded the direction is to return with an option for a potential budget position that is not under the City Manager.
Councilmember Herrera Spencer stated that she believes Council has already given direction; she will be waiting to hear from the City Manager; she will not be supporting the motion.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
Councilmember Knox White moved approval of the balance of the list, Items: 1 [order immediate training for all APD dispatchers on assessing and responding to 911 calls, including alternatives to dispatching police officers]; 3 [work with City Council to revise APD use of force policies, and establish protocols for requesting non-police response, backup, and/or interventions]; 4 [order immediate training for all APD officers on topics identified in paragraphs 2) and 3)]; and 6 [initiate a public education campaign to provide easily accessible alternatives to calling 911], with the one minor change [to Item 3] to return to City Council with a revised APD use of force policy.
Mayor Ezzy Ashcraft inquired whether the motion is to direct staff to return to the City Council, to which Councilmember Knox White responded in the affirmative.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Herrera Spencer stated that she will not be supporting the motion; Council has already given direction.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
Vice Mayor Vella requested all of the motion be restated.
The City Clerk repeated the motions.
Vice Mayor Vella inquired whether the first motion included all the direction given, to which Councilmember Knox White responded in the affirmative.
Mayor Ezzy Ashcraft stated Council comments were included.
Vice Mayor Vella inquired whether direction is to come back with different models, including building on what the City already has and any work that is already done, to which Mayor Ezzy Ashcraft responded in the affirmative; stated it includes how to extend response to 24/7.
Vice Mayor Vella inquired whether the City Manager will be making presentations along with any other supporting presentations when the matter returns.
Councilmember Knox White stated it would be great to have people from County EMS, public health as necessary or anybody that has a role, so that Council can ask questions and get answers from the people who will be making decisions once the City has a pilot program.
In response to Vice Mayor Vella’s inquiry about whether the City’s own department should be present, Councilmember Knox White stated of course.
Councilmember Daysog stated that he would supported the first motion, but he does not understand why Council has to wait until June 30th; it sounds like it was going to be ready for June 1st; that is the reason he voted no.
Mayor Ezzy Ashcraft inquired whether the City Manager would return earlier than June 30th if the Pilot Program is ready.
The City Manager responded that he does not think the full pilot program would be ready earlier than June 30th; he was trying to bring something by June 1st to make sure Council is in line with it.
Vice Mayor Vella inquired whether the matter and any others will be part of the budget.
The City Manager stated the budget would return on June 15th; the budget study session materials have already been sent out.
Vice Mayor Vella stated that she does not want to be in a position of the pilot proposal being presented after budget decisions have been made; she would prefer having combined conversations.
Councilmember Knox White stated the Subcommittee reports included budgets for similar programs; the budget discussions could include a placeholder of a certain amount of funding without having the specific program.
Mayor Ezzy Ashcraft stated part of the direction on March 16th was for the City Manager to identify funding sources and bring it back in May.
Vice Mayor Vella stated that she is happy to reconsider the first motion; requested Councilmember Knox White to clarify the budget proposals for the pilot program and whether the recommendation is an in-house City program.
Councilmember Knox White responded in the affirmative; stated that was the general direction of the Council; the motion was no later than June 30th, so it could be earlier; the direction is for a more detailed proposal to come back than what was coming back on June 1st, so an extra four weeks is being given; Council can approve the pilot at the end of June and start the work that will take some time.
Vice Mayor Vella inquired whether Councilmember Daysog would like to vote again now that is clarified that Council wants the matter to return as soon as possible.
Councilmember Daysog responded in the affirmative.
Mayor Ezzy Ashcraft stated one of the majority voters needs to make a motion to reconsider.
Councilmember Knox White moved approval of reconsidering the first motion.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Daysog expressed his appreciation for the clarification.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
The reconsidered fist motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
Mayor Ezzy Ashcraft noted the topic is important and there is sense of urgency, commitment and dedication; it is time to translate words into action; expressed her appreciation.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at ----7:09 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 11, 2021- -6:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 6:00 p.m. Councilmember Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]
Absent: None.
AGENDA ITEMS
(21- ) Public Hearing to Consider Adoption of the Community Development Block Grant (CDBG)/HOME Partnership Investment Program (HOME) Fiscal Year (FY) 2021-22 Action Plan and Authorize the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications at Funding Levels Approved by Congress.
The Community Development Director gave a Power Point presentation.
Stated that she noticed the statement of work reports appears incomplete; suggested more follow through to capture accurate data regarding services rendered and how funds are expended: Carmen Reid, Alameda.
Expressed thanks for providing funding for mental health services in the schools last year; stated that she hopes the support will continue this year: Katherine Schwartz, Alameda Family Services.
Expressed appreciation for Council’s support; stated domestic violence and sexual assault has increased during the pandemic and City support is more important: Erin Scott, Family Violence Law Center.
Expressed thanks to Council and staff for supporting capital improvements and services for the Midway Shelter; stated Building Futures is working hard to update the trailers and decks; announced a virtual event on Saturday: Liz Varela, Building Futures.
Stated funding is critically important; that she hopes Council adopts the funds and puts them to good use: Grover Wehman, Alameda.
Councilmember Herrera Spencer expressed concerned about how much data the City has and how it is being used.
The Community Development Director responded data is collected on use of funds; stated that she would share the information if Councilmember Herrera Spencer would like to see more; the Community Development Program Manager observes a good tracking system, which is dictated by Housing and Urban Development’s (HUD) strict protocols.
Mayor Ezzy Ashcraft inquired whether Councilmember Herrera Spencer had something specific that she wanted to highlight in terms of how funds are being used.
Councilmember Herrera Spencer responded a previous presentation indicated parking spaces at Alameda Point are being half used; stated there are various entities to help support the spaces; she wants to make sure the City is getting the word out about the services that are available to maximize the usage; according to Exhibit 3, the numbers being served in the non-housing public service category are going down; inquired whether it is based on 45 people being served and if that amount of people is less than last year.
The Community Development Director responded it is the reality of having less funding; stated the amount is based on the numbers; the number changed so appropriate allocations were made.
Councilmember Herrera Spencer stated that she would like to know the number served in the prior years; it says 45 for school based health counseling services; she does not know how much the School District receives, but she expects there will be more students requiring mental health services as they return to school; she would like to keep track because the decrease from $50,000 to $40,000; any monies that are being reduced under the non-housing public services and the emergency food for low income residents is significant funding; if there is not another option from this funding source, she would like to keep in mind other funding sources as she fully expects greater demand; if the City is anticipating fewer people needing services, she would like to see the numbers from last year to see the difference; she would like staff to come back with a plan about how the City can actually try to help fund all of the needs.
Councilmember Knox White moved approval of the staff recommendation.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Herrera Spencer requested an explanation of the $5,000 increase under administration.
The Community Development Program Manager responded it was a balancing issue; stated the City had allocated funds to all of the projects requesting funds; public services are capped at 15% of the entitlement and 15% of the program income, the remaining $5,000 could not be allocated to said categories; she allocated the funds to administration knowing if a different project runs over, the funds can always be moved from administration.
Councilmember Herrera Spencer inquired why the $5,000 could not go into any other categories, to which the Community Development Program Manager responded funds could not go into public services; stated staff could evaluate other categories, including public improvements; stated each of the line items received what was requested; additional funds were allocated for residential rehabilitation; economic development could be increased by $5,000.
In response to Councilmember Herrera Spencer’s inquiry, the Community Development Program Manager stated Alameda Point Collaborative (APC) is the community based development organization that works with homeless individuals and does job training and placement services; last year, Alameda received a lot of program income and increased all of the public services and economic development accordingly; this year, the funding was decreased.
Councilmember Herrera Spencer requested the motion be amended to include moving the $5,000 to the economic development category instead of administration.
Mayor Ezzy Ashcraft stated that she is inclined to stay with the staff recommendation because it provides maximum flexibility; if one of the other areas needs extra funding, part or all of the $5,000 could be redirected; if it is put into the one category, it remains there not knowing whether the need is there; she would argue for maximum flexibility.
Councilmember Herrera Spencer stated her understanding is that APC requested more money and received a reduction.
The Community Development Program Manager clarified this year is the last year of the public service provider agreements, including APC; last year, APC requested $100,000; when the City received the increase in program income, additional funds were allocated to APC as well as the public service providers.
Councilmember Daysog stated $5,000 to economic development is quite reasonable; most of the economic development done through the CDBG program is micro enterprise; it is not much, but it would go pretty far for those using the funds; he supports the suggestion.
Councilmember Knox White stated his understanding of the staff proposal is that as needs are identified down the road, including economic development, the $5,000 would have the flexibility to be moved into that or other areas; moving it today off the cuff would just be making a decision to move it somewhere that has not necessarily been requested; if the staff recommendation is followed, the City would have the opportunity to moved funds down the road or also move funds into another place that has a greater need for the $5,000.
The Community Development Program Manager stated the City actually off a $50,000 loan last week; although behind the amount from last year, the City is gradually inching closer; to put the $5,000 into economic development would be fine because more funds have been received since the staff report was written.
Councilmember Knox White stated that he is willing to amend the motion to move the $5,000 to economic development if the seconder of the motion is willing to support it.
Vice Mayor Vella agreed with the amendment.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(21- ) Budget Workshop for Fiscal Years 2021-22 and 2022-23 to Provide Direction that will be Incorporated into Budget Adoption Hearing Materials for City Council Consideration in June 2021.
The Senior Management Analyst gave a Power Point presentation.
The Senior Management Analyst, City Manager and Public Works Director responded to City Council questions.
Stated that he was proud of Council on May 8th and hopes the budget reflects the actions of May 8th: Erin Fraser, Alameda.
Stated that she is disappointed Council did not get the message that the community wants to fund community care, not cops; urged Council to defund the Police by 50%: Debra Mendoza, Alameda.
Proposed that the City explore contracting with Alameda’s trained Firefighters and Paramedics, who may be more suitably equipped to handle emergency health situations, in light of the incidents regarding policing and mental health calls: Carmen Reid, Alameda.
Stated that she hopes the Council approves funding for the Shuumi land tax; she is concerned about funding the Police Department at a higher level: Grover Wehman, Alameda.
Expressed concerns about the Crime Analyst position in the Police Department; stated the people on the Subcommittees made it clear an Analyst should not be hired by or report to the Police Department: Melodye Montgomery, Alameda.
Stated that she is concerned about the lack of mental health services available and that Alameda cannot find $125,000 for additional mental health support students are going to need; urged Council to give Alameda Family Services the funds they are requesting: Beth Kenny, Alameda.
Stated that she supports prioritization of the sustainability and resiliency measures; reminded Council that they need to be resilient, not only to the threats and vulnerabilities related to the pandemic, racial injustice, institutional violence and the housing crisis, but also to immediate threats of climate change: Ruth Abbe, Community Action for a Sustainable Alameda (CASA).
Stated the purchase of the Pacific Union land would fulfill a promise to the people of Alameda; urged Council to approve funding for the 2.8 acres of park land: Jim Sweeney, Alameda.
Stated that he supports climate mitigation and sustainability efforts, which include improving the City’s tree protection ordinance; urged Council to resume work on the ordinance: Christopher Buckley, Alameda.
Stated she does not agree with $4 million in additional funding for the Police Department; the funds should be diverted to some other community health response: Marilyn Rothman, Alameda.
Stated that she is happy the Council will be addressing the highest road safety priorities, including the Active Transportation Plan and the Vision Zero Plan; urged Council to consider Bike Alameda’s budget comments: Denyse Trepanier, Bike Walk Alameda.
Expressed excitement to see $1 million to fund the mental health pilot; stated that is encouraged by funding for the Shuumi land tax; expressed concerns about the Crime Analyst position: Laura Cutrona, Alameda.
The City Manager and Senior Management Analyst responded to City Council questions.
Councilmember Knox White outlined items he supports, including: Shuumi Land Tax, Alameda Family Services mental health support, increased translation funds for multi-lingual outreach and re-allocating parking enforcement positions to Departments other than the Police.
The City Manager and Senior Management Analyst responded to City Council questions.
Councilmember Daysog expressed disappointment about not making an effort to plug in a number for the Pension Other Post Employment Benefit (OPEB) reserve payments; expressed support for resuming work on the tree protection ordinance; discussed the assigned portion of reserves.
The City Attorney and Senior Management Analyst responded to questions.
Councilmember Herrera Spencer outlined items she supports; requested written information on changes to the City Attorney budget; discussed processing record requests more efficiently; expressed support for funding Alameda Family Services, the Sustainability Fellow and the business façade grant; she would like staff to prioritize the community’s needs and spend reserves, including free WiFi; expressed support for the tree ordinance.
The Senior Management Analyst responded to questions.
Mayor Ezzy Ashcraft outlined support for considering the funding request for the School District mental health, but wants staff to reach out to the District to find out what other funds they may be receiving so as not to duplicate efforts; urged caution spending the American Recue Plan Act (ARPA) funds due to the uncertainty about the impact of COVID on the budget.
Vice Mayor Vella expressed support for the Crime Analyst position; outlined other items she supports, including: the Fellow position, two school based mental health positions at Alameda Family Health Services and getting a sense needs for an additional Alameda Point Fire Station.
The Shuumi Land Tax was discussed.
***
Mayor Ezzy Ashcraft called a recess at 8:20 p.m. and reconvened the meeting at 8:36 p.m.
***
(21- ) Budget Workshop for Fiscal Years 2021-22 and 2022-23 to Provide Direction on Capital Improvement Program Budget.
The Public Works Director and Supervising Senior Engineer gave a Power Point presentation.
The Public Works Director, City Manager and Supervising Senior Engineer responded to City Council questions.
Urged Council to do a traffic calming project between Park Street and High Street on Otis Drive: Marilyn Rothman, Alameda.
Stated the Urban Forest Plan is so important for the City and needs to be fully funded: Ruth Abbe, CASA.
Stated improvements are needed to the Shoreline Park path on Parcel 4 since it is badly degraded; urged Council to commit to funding: Patricia Lamborn, Alameda.
Stated that he concurs with Ruth Abbe regarding the Urban Forest Plan; discussed ongoing tree maintenance: Christopher Buckley, Alameda.
Expressed support for the Urban Forest Plan and tree maintenance improvements; expressed concern about the expense of painting of the Great Whites: Carmen Reid, Alameda.
The City Manager and Public Works Director responded to City Council questions.
Councilmember Herrera Spencer moved approval of directing staff to come back with funding for particular needs including Pickle Ball and any paving for smooth surfaces to allow skating and bicycle riding.
Councilmember Daysog seconded the motion.
Following discussion, Councilmember Herrera Spencer stated that she is happy to modify her motion to make it broader; she would like to look at allocating more funds to improve the recreational facilities.
Councilmember Daysog seconded the amended motion.
The proposed funding was discussed.
The City Manager stated the general Council direction is to bring back the items on May 20th.
The matter was further discussed.
(21- ) Recommendation to Provide Direction to Staff Regarding the Allocation of an Anticipated $28.95 Million of Funding from the Federal Government through the American Rescue Plan Act (ARPA) of 2021 to Assist with Recovery from the Impacts of the COVID-19 Pandemic. Not heard.
ORAL COMMUNICATIONS
(21- ) Erin Fraser, Alameda, stated more time was spent on pickle ball than on public safety and policing.
(21- ) Zac Bowling, Alameda, echoed the previous comments; stated that he would like less pickle ball and more bike lanes.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:56 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 18, 2021- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:05 p.m.
Roll Call - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was held via Zoom.]
Absent: None.
The meeting was adjourned to Closed Session to consider:
(21- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Alameda Point, Site A, Alameda, CA; City Negotiators: Eric Levitt, City Manager; Lisa Maxwell, Community Development Director; and Debbie Potter, Special Project Analyst; Negotiating Parties: City of Alameda and Alameda Point Partners, LLC; Under Negotiation: Price and Terms.
(21- ) Conference with Legal Counsel - Potential Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9, subsection (d)(4); Number of Cases: One (As Plaintiff - City Initiating Legal Action); Potential Defendant(s): Alameda Point Partners.
(21- ) Public Employee Performance Evaluation Pursuant to Government Code Section 54957; Positions Evaluated: City Manager - Eric Levitt.
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Real Property, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. Noes: 1; regarding Potential Litigation, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. Noes: 1; and regarding Performance Evaluation, staff provided information and Council provided direction and continued the matter to May 25th at 7:00 p.m. by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:04 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 REGULAR CITY COUNCIL MEETING
TUESDAY- -MAY 18, 2021- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:05 p.m. Councilmember Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(21- ) Proclamation Declaring the Month of May 2021 as Older Americans Month.
(21- ) Proclamation Declaring the Month of May 2021 as Asian Pacific Heritage Month.
ORAL COMMUNICATIONS, NON-AGENDA
None.
CONSENT CALENDAR
Councilmember Herrera Spencer requested the ambulance purchase [paragraph no. 21- ] be removed from the Consent Calendar for discussion and noted she would vote no on the Franchise Agreement [paragraph no. 21- ].
Councilmember Knox White noted that he will vote no on the Fernside pathways [paragraph no. 21- ].
Councilmember Daysog noted he would vote no on the Franchise Agreement.
Stated that she would like to know the timeline for pursuing lower emission alternatives for fleet vehicles; questioned whether the City should lump together the budget for related matters under the Alameda Police Department (APD) until the armored vehicle is sold per a previous Council recommendation: Ashley Lorden, Alameda.
Councilmember Knox White moved approval of the remainder of the Consent Calendar.
Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*21- ) Minutes of the Special Meeting, the Special Joint City Council and Successor Agency to the Community Improvement Commission and the Regular City Council Meeting Held on April 20, 2021. Approved.
(*21- ) Ratified bills in the amount of $2,197,536.94.
(*21- ) Recommendation to Approve the Execution of a Reciprocal Tax Information Sharing Agreement between the City of Alameda and the Franchise Tax Board (FTB) of the State of California. Accepted.
(21- ) Recommendation to Authorize the Purchase of an Ambulance Consistent with Revised Vehicle Replacement Policy in an Amount Not to Exceed $311,598 from Leader Emergency Vehicles, REV Group.
Councilmember Herrera Spencer requested staff to share a brief summary.
The Public Works Fleet Supervisor stated the replacement ambulance was approved in the previous two year budget cycle; the ambulance meets the replacement criteria set forth in the replacement documentation by the City.
Councilmember Herrera Spencer inquired how many ambulances the City currently has and the need for replacement.
The Public Works Fleet Supervisor responded the need for the replacement is to keep Fire Department vehicles in reserve status as outlined in the vehicle replacement criteria; stated both frontline and reserve units are maintained to facilitate vehicle repairs and service without a drop in the service; the vehicle cited for replacement will move into a reserve status.
Councilmember Herrera Spencer requested clarification about the clean vehicle technology mentioned in public comment.
The Public Works Fleet Supervisor stated the vehicle will meet or exceed all modern diesel emission standards, is clean diesel and is equipped with a Select Catalyst Reduction (SCR) and Diesel Exhaust Fluid (DEF) which injects -re catalyst and allows for cleaner emissions per State requirements.
Councilmember Herrera Spencer inquired whether there are electric vehicle options for ambulances.
The Public Works Fleet Supervisor responded the proposed vehicle is the best the City can do under the current platform; stated staff is watching market trends and is hopeful for a transition to an electric fleet as soon as vehicles are available with the additional needs for life saving duties; the battery life is not yet sufficient for the type of vehicle; additional vehicles will be coming to market aimed at transitioning first responders out of liquid fueled vehicles into electric.
The Public Works Director stated the City has three operational units and two units in the active reserve status; the replacement unit will bump one of the operational units to an active reserve status.
The City Manager stated the next budget includes a fourth ambulance per prior Council approval; however, due to the pandemic, staff has delayed the implementation for one year.
Councilmember Herrera Spencer moved approval of the staff recommendation.
Councilmember Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*21- ) Recommendation to Authorize the Purchase of Twelve Vehicles Consistent with Revised Vehicle Replacement Policy in Amounts Not to Exceed $118,098 from Cromer Material Handling for Three Forklifts, $465,873 from Downtown Ford Sales and $96,815 from Elk Grove Auto Group/Winner Chevrolet for Nine Light and Medium Duty Trucks. Accepted.
(*21- ) Recommendation to Authorize the City Manager to Execute a Second Amendment to Agreement with Douglas Herring & Associates to Increase Compensation by $40,000, for a Total Aggregate Compensation Not to Exceed $220,000, to Complete the Environmental Impact Report for the General Plan 2040 Update. Accepted.
(*21- ) Recommendation to Authorize the City Manager to Execute the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights for the Pathway Located between 3335 and 3341 Fernside Boulevard. Accepted.
[Note: Councilmember Knox White recorded a no vote on this item, which carried by the following vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: No; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.]
(*21- ) Resolution No. 15773, “Declaring Results of Special Election in Community Facilities District No. 17-1 (Alameda Point Public Services District), Determining that Alteration of the Rate and Method of Apportionment of Special Taxes for the District is Lawfully Authorized, and Directing Recording of an Amendment to Notice of Special Tax
Lien.” Adopted.
(*21- ) Ordinance No. 3299, “Approving the Franchise Agreement between the City of Alameda and Alameda County Industries AR, Inc.” Finally passed.
[Note: Councilmembers Daysog and Herrera Spencer recorded no votes on this item, which carried by the following vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.]
REGULAR AGENDA ITEMS
(21- ) Resolution No. 15774, “Appointing John Kim as a Member of the Golf Commission.” Adopted; and
(21- A) Resolution No. 15775, “Appointing Kaiwin Su as a Members of the Golf Commission.” Adopted.
Councilmember Knox White moved adoption of the resolutions.
Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
Mr. Kim made brief comments.
The City Clerk administered the Oath of Office.
(21- ) Resolution No. 15776, “Containing Findings of Local Climatic, Geological and Topographical Conditions as Required to Adopt Alameda Local Amendments to the 2019 California Energy Code and Rescinding Resolution 15607 Limiting Natural Gas Infrastructure for New Residential Construction on City Owned Property.” Adopted; and
(21- A) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Article I (Uniform Codes Relating to Building, Housing and Technical Codes) of Chapter XIII (Building and Housing) to Adopt Local Amendments to the 2019 California Energy Code to Require Newly Constructed Buildings to be All-Electric. Introduced.
The Sustainability Manager gave a Power Point presentation.
Councilmember Herrera Spencer inquired whether the use of the term “equity” only speaks to the cost of the building or whether the term includes use of the building over time in comparing the cost of electricity versus natural gas for heating.
The Sustainability Manager responded staff has found the cost of utility bills for residents will decrease with the use of electric versus electric and natural gas.
Farhad Farahmand, TRC Companies stated Alameda Municipal Power’s (AMP) rates were reviewed; in Alameda the proposal would save on residential building upfront construction costs and the ongoing bill costs would also reduce compared to a mixed utility.
Councilmember Herrera Spencer inquired whether the cost is less to heat a house with electricity versus natural gas without looking at building costs.
Mr. Farahmand responded in the affirmative; stated simulations were conducted for the climate zone and hourly energy consumption through the model of AMP utility rates; there would be an on bill increase for Pacific Gas and Electric (PG&E); the reduction in rates is predominately due to heat technologies operating at high efficiency.
Councilmember Herrera Spencer inquired whether AMP is planning to keep lower rates as the demand for electrification grows.
The AMP General Manager responded staff performs an in-depth analysis each year to forecast rates; stated the Public Utilities Board (PUB) adopts a load forecast; the PUB adopted a zero percent rate increase for the current and next fiscal year; staff expects the rates for PG&E to widen; based on the ten-year forecast, a modest rate increase in the range of 2% is anticipated; AMP is currently fully resourced and anticipates purchasing more carbon-free energy; as AMP adds additional loads through building electrifications or Electric Vehicles (EV) more revenue is produced, which puts downward pressure on rates.
Councilmember Herrera Spencer outlined a previous power blackout; stated that she recalls being asked to prepare for multiple rolling blackouts; she does not support a long term plan which includes rolling blackouts; inquired whether there is a commitment that blackouts will not be experienced.
Mayor Ezzy Ashcraft requested clarification about the rolling blackouts experienced in the past year.
The AMP General Manager responded a variety of events occurred in August 2020; stated rolling blackouts were unprecedented; as a utility, AMP is obligated to participate; outlined the plan provided to and by AMP for service circuits; the blackout instance was about an hour in duration which resulted in one circuit being dropped for a time; stated another incident was due to a substation being hit by lightning causing a large outage; staff has brought the matter forth to the PUB for protocol and communication review; the situations outlined are out of the hands of AMP; staff is looking at ways to have local generation; AMP has limited capability; another way is to harden the system and limit any potential impacts from outages; generally, the outage statistics are good; customers typically do not experience many outages on average; staff is hopeful the number of rolling blackouts will reduce; there is a risk that blackouts will happen again in the current year.
Councilmember Herrera Spencer inquired whether AMP will be able to keep up with the increased demand and if the increase will not contribute to rolling blackouts.
The AMP General Manager responded electrification matters taken in totality will put pressure on the system; stated the implementation and capacity issues will not take place for the next 10 to 20 years; there are options for dealing with the issues; starting in July, EV owners are encouraged to charge at different times; many tools will be available to staff and mitigating effects will be possible by encouraging and incentivizing customers to move usage to different time periods; the issue will not arise for quite some time, if ever.
Councilmember Herrera Spencer inquired whether the time of use rate had been factored into the calculation for heating a home with electricity versus natural gas.
Mr. Farahmand responded in the negative; stated the current rates and tier structure were used.
The AMP General Manager stated the time of use rate is currently only for EV owners; staff has conducted preliminary discussions about expansion and building electrification scenarios; there will be a large benefit for EV owners and incentivizes owners not to charge between 5:00 p.m. to 9:00 p.m.
Councilmember Herrera Spencer inquired where AMP currently gets it power.
The AMP General Manager responded AMP is 100% carbon-free; stated the bulk comes from a geothermal facility in Lake County, a share of hydroelectric facilities operated by the Northern California Power Agency, an allocation of Federal hydropower and three to four wind and landfill gas contracts.
Councilmember Herrera Spencer inquired whether any of the power is coal-produced, to which the AMP General Manager responded in the negative.
Councilmember Herrera Spencer inquired whether there is anticipation for electricity to come from a coal source.
The AMP General Manager responded in the negative; stated staff is looking at additional resources; all are renewable sources.
Expressed support; stated AMP has provided the City with 100% clean energy and provides residents with leadership in joining communities around California to ask for all electric in new construction; she anticipates future discussions on other ways to reduce carbon emissions from building stocks: Ruth Abbe, Community Action for Sustainable Alameda (CASA).
Expressed support; outlined a recent panel about electrification; stated the feedback from many Alamedans included wanting weatherization of existing homes and installing EV car chargers; urged Council to consider targeted and strong steps toward weatherized buildings, an increase in community outreach, education for new technologies and incentives for renters: Ingrid Ballmann, CASA.
Outlined a recent panel on electrification; stated not many speakers wanted to address renters at the onset of the panel; renters account for more than half of Alameda residents and electric use; if the City wishes to meet its carbon targets, the issues must be addressed; weatherization is a big topic; urged having an equity and inclusion program and electrification being the way to reach out to communities; stated there is a problem with the rate structure; a change is needed; the structure is not equitable; urged Council to keep equity in mind and push the PUB to put rates out soon: William Smith, League of Women Voters.
Expressed support for the electrification of homes, weatherization, and increasing incentives for EV charging in multi-unit buildings; stated the issue is ongoing due to the need for electrical updating; a push for EV must be made; electrification affordability needs to be for all: Jeanne Lahaie, Alameda.
Expressed support; questioned whether the carve-out language for Accessory Dwelling Units (ADUs) could be changed to allow for attached ADUs to get the exception versus detached units; stated there have been discussions related to removing parking minimums; if parking minimums are kept, the City should provide EV charging as part of the parking plan: Zac Bowling, Alameda.
Questioned the reason ADUs were not included and what would restrict ADUs from being all-electric: Carmen Reid, Alameda.
Councilmember Herrera Spencer stated that she recollected a heatwave occurring during the rolling blackouts; inquired whether calculations are based on 68 degree weather; noted the calculations may not include information for a heatwave; stated the calculations may not include projected increases in temperature.
Mr. Farahmand responded simulations are performed using typical meteorological year weather files; the weather files are required by the California Energy Commission to demonstrate performance for the building; the files are being updated to model future impacts of climate change; the models recently run are from the past 20 years; the ordinance allows electrification for heating uses; during hot times, the primary load is for air conditioning, which drives brownouts; during winter, the electrified heating uses are going to be working hardest and will have the largest impact on the grid; the transmission distribution systems are typically sized for air conditioning loads, not winter time loads; staff understands the result will be an increase in winter time peaks, not similar to the summertime peaks.
The AMP General Manager stated the grid in California has been designed to accommodate the air conditioning load; Alameda has historically been in a different situation and peaks in the winter time; winter yields more lighting usage, which can cause a higher impact; the grid size will not cause an issue; AMP has structured the system to accommodate the load.
Councilmember Herrera Spencer stated the rolling blackouts occurred during summertime; use of air conditioners is increased during the summer; expressed concern about blackouts; stated blackouts place people in harm’s way; she does not feel safe in her home with the lights out indefinitely; expressed support for ensuring the City is getting ahead, for using electricity and converting; expressed concern about doing so much that the demand increase will be beyond capability and cause blackouts; expressed support for an assurance of no blackouts.
Mayor Ezzy Ashcraft stated part of the ordinance is inspiring; she is proud of the work; the ordinance is a way to directly reduce greenhouse gas emissions produced by buildings; greenhouse gas emissions contribute to global warming and lead to extreme climate events, which cause rolling blackouts across the State; the situation is complex; however, the solution is clear.
The AMP General Manager stated the rolling blackouts were a Statewide issue; there have been unprecedented heatwaves; the State relies on neighboring states to help in said situations; intense shortages and loss of generation create blackout situations; AMP does not have control over the blackouts; however, AMP does have control over what is happening in Alameda; Alameda is fully sourced and will not have a power deficiency for another four to five years; AMP is currently planning how to fill the need and is looking to distribution centers for hardening and increasing capability in order to accommodate electrification; alternatives in technology are also being looked at to help mitigate impacts; accommodating the proposed matter is not a problem for AMP; rolling blackouts could occur; however, AMP has done its part in order to ensure there are enough resources to keep the lights on; AMP does not have control over what happens at the State level.
Councilmember Knox White moved approval of the staff recommendation [including adoption of the resolution and introduction of the ordinance].
Vice Mayor Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(21- ) Resolution No. 15777, “Declaring Five Project Sites at Alameda Point, including the Enterprise District, Residential Parcels Both Market Rate and Collaborative (Package K), Building 92, Building 11 and Building 19, and Building 25 Exempt from the Surplus Land Act and Authorize the City Manager to Comply with Surplus Lands Act Procedures Related to the Properties Notwithstanding Their Exempt Status.” Adopted.
The Community Development Director gave a brief presentation.
Councilmember Daysog inquired whether anything would prevent the City from extending the boundaries to the Enterprise District further south to West Hornet Avenue; stated extending the border seems natural.
The Assistant Community Development Director responded nothing prevents the City from extending the boundary; stated staff strategically omitted the southern parcels due to the high desirability of waterfront parcels; staff wanted to prevent people from cherry-picking and selecting the parcels without landlocked areas being developed; the Request for Proposals (RFP) for the Enterprise District did not include the southern parcels for the reason mentioned; staff wanted to ensure the landlocked parcels received the attention deserved before the desired waterfront parcels are added.
Councilmember Daysog stated that he would like to exclude the southern area from the State Lands process in order to put the City in the driver’s seat.
The Assistant Community Development Director stated the decision lies with Council; staff is recommending Council decide whether to go through the surplus process; if Council wishes to include the parcels, the City would not necessarily be in the driver’s seat; if Council decides the parcels are exempt, due to already going through a surplus process on a federal level, then the City is more in the driver’s seat.
Councilmember Daysog stated the area should be exempt; Council is being asked to include or to exempt; expressed support for exemption.
The Assistant Community Development Director stated the approach makes sense; however, staff is not seeking approval for the southern area; the Enterprise District area stops further north; if Council decides to move forward with the exemption, Council may decide to include the southern parcels.
Mayor Ezzy Ashcraft expressed concern about the matter not being included on the agenda; requested clarification from the City Attorney about parcels not included in the proposed matter.
The City Attorney stated the area discussed is not presented in the staff report; recommended Council only give very brief direction for the matter to return for future discussion.
The Community Development Director stated the parcels have not been included for Council discussion; staff intends to bring future parcels before Council for potential surplus or exemption.
Councilmember Knox White stated the Enterprise District has not be on an agenda in quite a while; different staff presented last time; Council should have a conversation about how to move forward in closed session first, then open session to follow; his recollection includes Council having unresolved questions at the time; noted some of the upcoming issues have been presented by Councilmember Daysog’s inquiries.
Councilmember Herrera Spencer requested the first resolution be clarified; inquired whether Council is being asked to declare that the properties exempt from the Surplus Lands Act and the City is going to proceed with the Surplus Lands Act procedures.
The Community Development Director responded the comments are correct; stated the option is a cautious approach; modification to the statute about how the exemptions may be applied is new and untested; other cities are taking a position that the land is exempt; staff feels as though the approach is risky and risk should be avoided; staff recommends taking a cautious approach.
Councilmember Herrera Spencer expressed support for the approach.
Councilmember Herrera Spencer moved adoption of the resolution exempting the properties from the Surplus Land Act and authorizing the City Manager to comply with Surplus Lands Act for the properties listed.
Councilmember Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(21- ) Introduction of Ordinance Approving a Second Amendment to the Lease with Greenway Golf Associates, Inc., a California Corporation, for Chuck Corica Golf Complex to Adjust Lease Area to Include the Old Fire Training Tower. Introduced.
The Recreation and Park Director gave a brief presentation.
Mayor Ezzy Ashcraft expressed concern about the lack of hold harmless language; inquired how the City would be protected if an injury incident occurs during demolition or renovation; stated that she is used to seeing a hold harmless clause in agreements.
The City Attorney responded Section 12.4 of the original lease states the tenant shall indemnify, protect, defend and hold harmless the City and its employees arising from essentially the tenants use, occupation and enjoyment of the premises; stated the lease extends the premises; therefore, the protection applies to the proposed amendment; the amendment fits into the principal indemnification.
Mayor Ezzy Ashcraft stated Greenway Golf will pay for any work completed; inquired whether there is a way to incorporate the hold harmless clause by reference within the amendment.
The Chief Assistant City Attorney responded staff can include such language if Council directs as such; stated the hold harmless provision in the original lease carries forward.
Mayor Ezzy Ashcraft stated that she would feel better having the language referenced.
Councilmember Herrera Spencer stated Greenway Golf will receive storage space; inquired the size of the storage space.
The Recreation and Parks Director responded the entire area included in the amendment is approximately half an acre; stated the area includes the tower and surrounding space; the storage area referenced currently has heavy machinery and piles; the materials are for construction, including equipment staging for a Public Works Department project; a clause within the agreement allows the materials to stay through August 30th when the Public Works Department project will be completed.
Councilmember Herrera Spencer stated that she would like to know the size of the storage area; Greenway Golf will have more area than just the tower at no additional cost, which is important to be clear about; there is a demand for storage space in Alameda; she has not seen a cost for the murals versus the value of the land; typically, when a tenant receives additional land, more is paid; ; expressed support for an equation subtracting the value of the additional land, ; stated the City’s property is not a gift to Greenway Golf.
The Recreation and Parks Director stated that she does not have a definitive cost for the improvements or the land; she estimates improvements costs could easily be $100,000 or more; the cost depends on what is found with the structure; there could be hazardous materials and abatement; the cost could easily be close to $100,000 to $200,000; the entire half acre area includes the storage space.
Mayor Ezzy Ashcraft requested clarification of the improvement costs; stated how Greenway Golf will treat the land is not known.
The Recreation and Parks Director stated the rough estimate includes hazardous abatement and testing; the mural will need components taken from a contractor; the landscaping is planned for the surrounding concreate area; there will be a cost for the contractor to remove concrete and fencing and costs for re-landscaping; the costs add up.
Mayor Ezzy Ashcraft inquired whether Greenway Golf will continue to maintain the landscaping for the duration of the lease.
The Recreation and Parks Director responded in the affirmative; stated the amendment adds current lease requirements for the area; the language does not exclude a storage use; however, the use is not intended; Greenway Golf’s intention is to beautify and landscape the space.
Councilmember Herrera Spencer inquired how many years are left on the lease, to which the Recreation and Parks Director responded approximately 41 years.
Councilmember Herrera Spencer inquired whether Greenway Golf will be paying additional money for the space.
The Recreation and Parks Director responded the existing lease structure is not based on a square footage formula; Greenway Golf pays a flat fee of $175,000 per year; the fee increases January 2023 to $300,000 or 8% of gross revenue; lease of this type are generally based on gross revenue rather than square footage.
In response to Vice Mayor Vella’s inquiry about the timeline, the Recreation and Parks Director stated the addition would fold into the same lease term of 40 years.
Councilmember Herrera Spencer stated the amount could be significantly less than estimated range of $100,000 to $200,000; inquired whether there is documentation to support the estimated figures.
The Recreation and Parks Director responded in the negative; stated the figures could be less or significantly more if hazardous abatement be required; $100,000 is not high based on the many park construction projects completed over her nine year tenure; park projects cost more than often thought.
Councilmember Herrera Spencer stated if the cost are closer to $200,000, the cost would be $400 per month for storage space over the 40 year lease; expressed support for having more numbers to ensure Council is not giving away the City’s property.
Mayor Ezzy Ashcraft stated there can be consideration if Council desires to specify the area not be used for storage.
Stated that he is reaffirming the commitment to refurbishment and restoration of the ire tower; there is a commitment to beautify the space whether or not the tower remains standing; the space will not be used for storage; the project is about beautification and adding a focal point to the entrance of the Golf Course and for homeowners in the area; Greenway Golf is excited to take the opportunity to undertake the work; there has been enthusiastic feedback from the Alameda Fire Department (AFD), homeowners and golf patrons; there has been positive feedback from the community generally; the project will be expensive, especially if abatement is needed; the City has been open about the unknown condition of the building: Umesh Patel, Greenway Golf.
Acknowledged the partnership between Greenway Golf and the City; stated the partnership has improved the focal point and speaks to the intention of continuing to bring joy to the community and visitors; the space is currently not being used to capacity; turning the space into a nice piece of land far outweighs the value of storage; Greenway Golf will deliver quality to any project: Patrick Harris.
Expressed concern about the upcoming Housing Element; urged Council consider the possibility of the space being used for potential housing; stated the City will be in a pinch to find available space; the proposed area could serve as an equitable housing function: Zac Bowling, Alameda.
Mayor Ezzy Ashcraft outlined a portion of Exhibit 1, page 2; stated her primary concern for the fire tower structural safety; she would like to required licensed California professional engineers evaluate the condition of the tower; expressed support for making the exhibit more equitable between the City and Greenway Golf; stated that she would find the terms to be more balanced by adding: “if tenant and the City jointly determine that both demolition and renovation of the fire tower are infeasible,….;” the area is City property; the City should have a say in decisions made; expressed support for including language in the amendment stating the property shall not be used for any type of storage during the lease.
Councilmember Daysog inquired whether permission is given to demolish or whether the Council has to provide support if Greenway Golf determines demolition is feasible.
The Recreation and Parks Director stated the intent is to have consultation with the City; the language can be strengthened to include that the City will have final say on whether or not the tower is demolished.
Councilmember Herrera Spencer inquired whether there is a reason the City cannot continue to use the storage space.
The Recreation and Parks Director responded the intention is to beautify the space; stated having large and heavy equipment is not conducive to a nice visual entry to the Golf Course; Greenway Golf intends to landscape the area.
Councilmember Herrera Spencer inquired whether the current blacktop area will be demolished for landscaping, to which the Recreation and Parks Director responded in the affirmative.
Councilmember Herrera Spencer stated there is already a nice area at the Golf Course approach; it is unknown whether the proposed area needs to be pulled up and beautified; the tower should be beautified; however, the storage area in the back may not need to be converted to more beautification and landscaping.
The Recreation and Parks Director stated any landscape, tower and mural plans will have to go through the Golf Commission and Planning Board; the improvements are in consultation with the City.
Councilmember Herrera Spencer stated the City currently uses the storage area and may need to use the space in the future; inquired whether there is a way to add panels or fabric to conceal the storage area to aid beautification of the space; expressed support for keeping the area available for alternative use; stated the City has historically stored items in the proposed space for projects on Bay Farm; expressed support for the City keeping the area if Greenway Golf does not need the space.
The Recreation and Parks Director stated there are a couple options for storage and staging; there is a location across the street that will continue to be under the responsibility of the City where cars parked and construction material and equipment is stored; staff can work with Greenway Golf to stage items in the parking lot if needed; busses have been staged in the location during summer.
Councilmember Herrera Spencer stated if possible, she would like Council to be more involved in the process versus handing off the matter; Council may want to keep more of the proposed area; she is unsure whether the area needs to be given to Greenway Golf; the City has needs and use for the proposed area.
Mayor Ezzy Ashcraft inquired whether the needs for the area are in reference to housing.
Councilmember Herrera Spencer responded that she will not specify the needs; stated the space has been used for storage; she is not opposed to considering housing for the space; there is sufficient area; the size of the storage area is unknown and was not presented; expressed support for having a proposal return to Council depicting the amount of space Greenway Golf needs.
Vice Mayor Vella expressed concern about the language as drafted; stated that she would like language included to require testing of hazardous materials at the onset; the results of testing need to be shown to the City; expressed support for more direction relative to the testing process; stated the process currently seems vague; she has concerns based on the type of structure; she would like to ensure there is a process for the City to oversee testing and abatement; expressed concern about turning the proposed area over for the duration of the lease; the parcel was originally left out of the lease for a reason; she would like to have staff comment on the reason for passing the area off to Greenway Golf at this time; inquired whether the reason is related to funding.
Mayor Ezzy Ashcraft stated the amendment has not specified which entity should perform the testing; noted Vice Mayor Vella’s involvement with the Lead Abatement Board; stated Council needs to specify using a testing agency licensed in the State of California.
Vice Mayor Vella expressed concern about the testing agency understanding which portion of the building to test and the elements for which to test.
The Recreation and Parks Director stated the area was not originally included in the lease because the then existing management of Greenway Golf did not want the parcel; at the time, the City did not actively state there was a desire to keep the parcel; new management is interested in beautifying the space, which has been discussed by the Golf Commission numerous times over the years; expressed support for the approach to the hazard abatement; stated staff can specify that only licensed California professional engineers will evaluate the integrity and also specify Greenway Golf is responsible for hazardous material testing by a licensed consultant; a licensed contractor can be hired to do the abatement.
Mayor Ezzy Ashcraft inquired whether the results of testing will be shared with the City.
The Recreation and Parks Director responded in the affirmative; stated the language can be combined with the addition of having both the City and Greenway Golf determining demolition; within the original agreement, Greenway Golf is required to comply with all County, State and federal regulations; there are strict guidelines and reporting regulations; Greenway Golf will be required to report to the Alameda County Environmental Health Agency or Department of Toxic Substances Control (DTSC) in relation to what is found from the fire tower abatement; staff can include an overall reference in the original agreement and add specificity in the proposed amendment as well.
Vice Mayor Vella stated that she would like to ensure there is transparency in the testing results coming back to the City; expressed concern about having the City handing off testing; stated that she would like to be aware of who is performing testing and ensure reports are received; many projects do not test or do not test proper places; proper testing is important and should be transparent in order for the City to understand what hazards exist and to ensure proper abatement; inquired what happens to the parcel if there is a need for housing in the next 50 years; inquired whether the City would return to Greenway Golf to negotiate getting the parcel back.
The City Attorney responded the parcel is currently zoned park land; stated in order for the City to develop the space into housing, the City Charter requires action be taken; the current provision leases the space to Greenway Golf for 40 years; the City would have to request the land back if it is needed; provisions can be built in subject to negotiation between the Recreation and Parks Director and Greenway Golf for return of the property if the City desires to build housing in the location.
Mayor Ezzy Ashcraft stated that she does not believe the property would be in the map areas being looked at to meet the Regional Housing Needs Assessment (RHNA) allocation.
Councilmember Knox White noted voter approval would be required; the area is not currently being used as a park; inquired whether the parcel would be taken out of the inventory if Council adds the area to the Golf Course.
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Mayor Ezzy Ashcraft called a recess at 9:02 p.m. and reconvened the meeting at 9:18 p.m.
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The City Attorney stated at this time, staff does not recommend an in depth analysis about the possible protections which can be built into the lease amendment in order to provide the ability to build housing if desired by Council; the discussion relates to lease protections; some lease protections are allowable pending negotiations by the Recreation and Parks Director.
The Recreation and Parks Director stated Greenway Golf agrees to a revision clause for housing; Greenway will need to receive compensation from the City for any funds spent on beautifying the area if the housing clause is enacted.
Vice Mayor Vella stated Council needs to give direction about potential language that will return for approval; the language will matter.
Mayor Ezzy Ashcraft stated the matter includes the introduction of an ordinance; inquired whether the changes being made will require returning for introduction.
The City Attorney responded given the volume of changes being made, the matter will need to return to Council for another first reading.
Mayor Ezzy Ashcraft inquired whether the input provided by Council thus far has been sufficient and is able to be compiled by staff.
The Recreation and Parks Director stated Council wishes to: specify that the space is not to be used for storage, require licensed California professional engineers to evaluate the integrity of the tower, to specify that Greenway Golf is responsible for any hazardous materials, testing, and will require a licensed consultant to test with a contractor to abate, to comply with County Environmental Health and provide reports to the City for review and approval of next steps, for Greenway Golf and the City to jointly determine demolition and the inclusion of a revision clause for potential housing with Greenway Golf receiving compensation from the City for any funds spent on beautification of the space.
Mayor Ezzy Ashcraft inquired the method for handling the hold harmless provision; questioned whether the amendment will reference back to the original lease.
The Chief Assistant City Attorney responded staff can reiterate the language in the amendment.
Councilmember Herrera Spencer expressed support for the matter returning with research related to the parcel being subject to the Charter as parkland.
The City Attorney stated staff will likely share the information confidentially and not in an open session staff report.
Councilmember Herrera Spencer stated the information will be relevant to the upcoming discussion.
Mayor Ezzy Ashcraft stated a number of things may be needed for the parcel; inquired the concern for the information being presented in open session.
The City Attorney responded the recommendation is to share legal information with Council in a confidential memorandum about options for use of the property related to housing; if Council wishes to publically share the information included in the memo, Council may do so by a vote of three Councilmembers.
Mayor Ezzy Ashcraft inquired whether staff will schedule the matter to return for Council discussion.
The City Attorney responded in the affirmative; stated staff will need some time to analyze Charter Section 22-12; staff will need a few weeks to provide the confidential memo.
Mayor Ezzy Ashcraft expressed support for remaining cognizant of Greenway Golf’s timeline and ensuring the City is causing unnecessary delay.
Councilmember Knox White stated that he is surprised to find out that Council would need to vote in order to de-classify how the City views the parcel; it is odd to suggest that whether or not parkland is public land is not disclosable; it is valid to discuss disposal, strategies and negotiations in closed session; however, he expects to be open with the people that own the land on the zoning.
Mayor Ezzy Ashcraft stated there may be other considerations for disclosing the information by a confidential memo.
The City Attorney stated staff can prepare a short analysis for Council related to Charter section 22-12 and the proposed property; he will defer to the Recreation and Parks Director on when the entire matter can return to Council for discussion.
The Recreation and Parks Director stated staff can bring the matter back by the second Council meeting in June.
In response to Mayor Ezzy Ashcraft’s inquiry, the City Attorney stated staff will provide the memo to Council the first week of June.
Councilmember Daysog stated that he is concerned about anything regarding housing in the area; there has been a history of concerns about housing in the area.
CITY MANAGER COMMUNICATIONS
(21- ) The City Manager announced that the City plans on initiating bargaining negotiations with the Alameda Police Officers Association, the Alameda Police Management Association and the Alameda Fire Chiefs Association within 30 days; made an announcement regarding the next vaccine clinic; announced the appointment Nishant Joshi as the next Police Chief.
ORAL COMMUNICATIONS, NON-AGENDA
(21- ) Clinton Tan, Alameda, stated that he is among the dozens of families that lost the means to pay for rent as a result of Housing Authority policies in 2018 and 2019 ; he is still trying to reach a just settlement; it is unethical for a public agency like the Housing Authority to levy debt against low-income families with no calculation provided and to allege misconduct against the same low-income families through biased internal administrative hearings, increasing the housing insecure and homeless population.
(21- ) Zac Bowling, Alameda, discussed Assembly Bill (AB) 672 which allows for housing on golf courses.
COUNCIL REFERRALS
(21- ) Consider Scheduling a Performance Evaluation for the City Manager as Soon as Possible. (Councilmember Herrera Spencer)
Councilmember Herrera Spencer stated the item does not need to be heard; however, will remain on the agenda until the evaluation has been completed.
(21- ) Consider Addressing the Surplus Lands Act, including Lobbying Efforts and Assembly Bill 1486. (Councilmember Herrera Spencer)
Councilmember Herrera Spencer gave a brief presentation.
Councilmember Herrera Spencer moved approval of having the matter return for Council discussion.
Councilmember Daysog seconded the motion.
Under discussion, Councilmember Knox White stated that he will be voting no since Council already discussed the matter.
On the call for the question, the motion failed by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: No; Vella: No; and Mayor Ezzy Ashcraft: No. Ayes: 2. Noes: 3.
(21- ) Consider Directing Staff to Place the Audit Report Approved April 20, 2021 on a Future Agenda to Allow the City Auditor to Give a Presentation. (Councilmember Herrera Spencer).
Councilmember Herrera Spencer gave a brief presentation.
Councilmember Herrera Spencer moved approval of directing staff to place the matter back on the agenda and allow for comments from the City Auditor.
Councilmember Daysog seconded the motion.
Under discussion, Mayor Ezzy Ashcraft stated the reason she originally voted against allowing additional speaking time to the City Auditor was due to yelling on multiple occasions; recommended that comments be worked out ahead of time and not to yell at the conductor of the meeting.
Councilmember Herrera Spencer stated the audit disclosed significant deficiencies and material weaknesses for two years; it is important to allow the City Auditor to coordinate with the City Manager and have time on the agenda to speak to the public.
Councilmember Knox White inquired whether the motion is to have the City Auditor return to speak for five minutes; noted the material deficiencies were provided in a letter drafted by staff and the auditors performing the audit; questioned whether Council is directing staff to work on the matter.
Councilmember Herrera Spencer stated that she is not requesting staff to work on the matter; her understanding is that the City Auditor previously reached out to City staff and was set aside time as a member of the public; noted the City Manager announced that he would work with the City Auditor to allow for more than a two minute speaking time; it is important for the elected City Auditor to speak to the public; a presentation is allowed up to ten minutes.
Councilmember Knox White stated the audit on the Consent Calendar would make the presentation five minutes in length; questioned whether the proposed motion is to have the City Auditor provide a five minute presentation including comments on the staff work.
Councilmember Herrera Spencer stated discussion at a previous meeting included allowing for the presentation to be on the public side; the five minute rule is newly adopted by Council; the City Auditor was not previously limited to five minutes and was given time to present; expressed support for treating the City Auditor’s presentation as other presentations and up to ten minutes be provided.
Vice Mayor Vella inquired whether the intention is to bypass the current Council Rules of Order and revert to previous Council Rules of Order which are no longer in effect.
Mayor Ezzy Ashcraft inquired whether the matter is looking forward to the upcoming year’s audit process.
Councilmember Herrera Spencer stated the City Manager announced that he would set the audit as a Regular Agenda Item, not in defiance of Council Rules of Order, to allow the City Auditor time to present.
The City Manager stated that he has indicated to the City Auditor that future audit presentations will be placed on agenda as a Regular Agenda Item; staff previously paced the matter on the Consent Calendar; there had been internal confusion about speaking time.
Councilmember Daysog stated that his interpretation of the motion is to invite the City Auditor back to complete his report; two minutes of speaking time was not enough to provide sufficient rendering and analysis of the audit.
Councilmember Herrera Spencer concurred with Councilmember Daysog’s interpretation.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: No
Vice Mayor Vella inquired whether Council is setting the amount of time for the presentation and whether the matter is being placed on the Regular Agenda to give the City Auditor two minutes of speaking time.
Councilmember Knox White stated that he understood the direction to allow for a ten minute presentation; however, the City Auditor’s previous comments were almost completed, which would mean ten minutes would not be needed; the City Auditor will return to Council and complete his comments.
Vice Mayor Vella inquired whether the matter will be placed on the agenda as a Regular Agenda Item or a Consent Calendar Item.
Councilmember Knox White stated the matter is assumed to be placed as a Regular Agenda Item.
Councilmember Herrera Spencer stated Councilmember Knox White’s rendition is correct; the matter would be placed on the Regular Agenda and will be retroactive to capture the previously presented audit.
Vice Mayor Vella inquired whether public comment would be closed and that the matter is considered a continued agenda item or whether the matter will be considered new.
The City Attorney responded the matter brought forth will be placed on the Regular Agenda and the public will have a right to comment.
Vice Mayor Vella inquired whether Council’s previous acceptance of the audit would be undone.
The City Attorney responded the matter will be similar to bringing a presentation forth for Council discussion, such as a presentation from the Historical Society; the presentation will not have an impact on the audit and will simply be brought forth as a presentation to Council.
Mayor Ezzy Ashcraft expressed concern about setting a precedent.
The City Manager stated his previous recommendation was direction for the upcoming 2022 audit.
The City Clerk noted the report will be titled as a presentation by the City Auditor and kept simple with the audit report referenced; the presentation will be timed, with no Council action.
Vice Mayor Vella stated that she would like to be clear that the recommendation is strictly for a presentation with no Council action.
Councilmember Daysog stated the matter will only be a presentation; if the presentation yields substantive information, the information will be addressed at a future Council meeting.
The call for the question continued: Vice Mayor Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
COUNCIL COMMUNICATIONS
(21- ) Mayor’s Nominations for Appointment to the Housing Authority Board of Commissioners and Social Service Human Relations Board. Not heard.
(21- ) Councilmember Daysog recommended a remembrance for fallen Alameda Serviceman, Staff Sergeant Thomas “Tommy” Fogarty for the upcoming Memorial Day; expressed support for starting the naming process in his memory.
Mayor Ezzy Ashcraft noted there is an annual tradition in Alameda at Veteran’s Park for Memorial Day.
(21- ) Councilmember Herrera Spencer discussed the Memorial Day tradition at Veteran’s Park; noted the USS Hornet may host a similar event; announced the upcoming City Council Budget Workshop; discussed funding opportunities for outdoor recreation; urged the public to advocate for desired funding topics; discussed a new recycling area on Davis Street for composting; .
(21- ) Mayor Ezzy Ashcraft discussed a trip taken with staff to San Jose to see emergency modular housing being built; noted one site is on San Jose surplus land and the other site is on Caltrans property; discussed an Association of Bay Area Governments (ABAG) regional planning committee meeting related to RHNA allocations; announced a vaccine clinic event at Mastick Senior Center; stated Pfizer vaccines have been approved for adolescents ages 12 and up; older teens are getting vaccinated; discussed a United Against Hate rally protesting incidents of violence and aggression towards members of the Asian American and Pacific Island community; noted the upcoming Council Budget Workshop will include Council discussion on American Recovery Plan Act funds.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:11 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.