2017-03-07 Regular CC MinutesRegular Meeting
Alameda City Council
March 7, 2017 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 7, 2017- -7:00 P.M.
Mayor Spencer convened the meeting at 7:02 p.m. and led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie,
Vella and Mayor Spencer – 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(17-143) Mayor Spencer did a reading on hope for the Season for Nonviolence.
ORAL COMMUNICATIONS, NON-AGENDA
(17-144) Gaby Dolphin, Alameda, submitted information; urged the City Council to
consider adopting a living wage resolution.
(17-145) Arnold Brillinger, Alameda, urged that new construction address accessibility
for visibility, including limiting stairs, having wider doors and bathroom facilities on the
first floor.
(17-146) Eric Strimling, Alameda Renters Coalition, discussed the cases heard at the
Rent Review Advisory Committee meeting last night.
(17-147) Naza Djelik discussed disaster preparedness.
(17-148) Abigail Lev stated Presidential candidates should have to have psychological
evaluations.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
(*17-149) Minutes of the Special Meeting, the Special Joint City Council and Successor
Agency to the Community Improvement Commission (SACIC) Meeting, and the Regular
City Council Meeting held on February 7, 2017. Approved.
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(*17-150) Ratified bills in the amount of $3,601,195.91.
(*17-151) Recommendation to Substitute a Revised Exhibit A to the License Agreement
with the Alameda Unified School District (AUSD) for a Fire Safety Access Route
Through Otis Elementary School to Krusi Park. Accepted.
(*17-152) Recommendation to Authorize the City Manager to Execute an Amendment to
an Agreement with ENGEO, Incorporated to Extend the Term until March 2018 and Add
the Amount of $9,400 for a Total Contract Amount of $100,900 for Geotechnical
Services Related to the Seaplane Lagoon Ferry Terminal; and
(17-152A) Resolution No. 15238, “Amending the Operating Budget for Fiscal Year
2016-17 by Adding $9,400 to the Base Reuse Fund.” Adopted.
(*17-153) Resolution No. 15239, “Declaring Intention to Establish a Community
Facilities District (CFD) and to Authorize the Levy of Special Taxes Therein - Alameda
Point Public Services District.” Adopted.
(*17-154) Resolution No. 15240, “For Authorization to Apply for Housing Related Parks
Grant from the State Department of Housing and Community Development for the
Annual Playground Replacement Program.” Adopted.
(*17-155) Ordinance No. 3175, “Approving a Lease and Authorizing the City Manager to
Execute Documents Necessary to Implement the Terms of a 3 Year Lease with No
Extension Options with Williams-Sonoma, Inc. a Delaware Corporation, for Building
169, Suite 102 Located at 1680 Viking Street, Alameda Point.” Finally passed.
REGULAR AGENDA ITEMS
(17-156) Recommendation to Approve Pre-Commitment of $6.0 million of the City’s
Base Allocation of Funding through the Alameda County Affordable Housing Bond
Program for the Eagle Avenue and Site A Affordable Housing Projects.
The Community Development Director and Base Reuse Director gave a Power Point
presentation.
Councilmember Ezzy Ashcraft stated Council inquired whether the County will support
the applications for the Eagle Avenue project and closing the gap on Site A funding, to
which the Community Development Director responded staff is planning to engage with
the County starting tomorrow.
Councilmember Ezzy Ashcraft inquired whether staff will be meeting with County
Supervisor Wilma Chan, to which the Community Deve lopment Director responded staff
has not met with Supervisor Chan yet but it is an excellent suggestion.
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Councilmember Oddie inquired when the City can apply for the competitive regional
pool funds, to which the Community Development Director responded she expects
within the next year or two.
In response to Councilmember Oddie’s inquiry whether funds could be backfilled, the
Community Development Director stated the City would utilize competitive regional pool
funds for a different project; the money would be used in a more pro-active way to fund
other affordable housing.
Councilmember Oddie stated the competitive regional pool funds are not guaranteed;
58% of the $10.4 million the Council is being asked to allocate is guaranteed.
The Community Development Director stated staff has been successful in receiving
competitive funding from the County Home Consortium pool, and expects that Alameda
projects would be competitive with the regional pool.
Councilmember Oddie stated the funding was going to be used across the County and
would be leveraged; Alameda is putting in $1 million and only receiving $1 million;
inquired why Alameda is not leveraging funds.
The Community Development Director responded the $1 million commitment preserves
a $14.4 million project, which is 7% of the total funding; if the City does not commit the
$1 million, the City would forego $7.4 million; a lot of money is being leveraged; no one
anticipated the announcement of a federal tax cut or the impacts ; if approved, the
project would commence construction on June 1, 2017; by the fall of 2018, 20 families
will live in affordable housing; if the project is not done in time, the funding will be taken
back; the $1 million is a small investment which ensures a 20 -unit project commences
construction three months from now.
Councilmember Oddie stated 5 months ago the City had the entire pot; inquired whether
other options have been reviewed.
The Community Development Director responded the affordable housing bond program
was put in place to fund affordable housing projects; what is being requested is to put
the projects in the most competitive advantage to leverage other funds; if Site A does
not have the full local match it needs to make its application in June, it will not be
competitive and could miss 40 to 45% of all the funding needed for the project; Eagle
Avenue will miss out on already-committed funding if the City foregoes the $1 million.
Councilmember Oddie stated another argument is that the City is foregoing using that
money for the future, because it is not being leveraged.
The Community Development Director stated the City would continue to do the same
rigorous funding for each of the projects; the same sources would be used because
every affordable housing project is comprised of several different funding sources; the
City does not have a Boomerang funding program, the County does ; the City has not
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applied because there have been enough funds to leverage; the City would not be able
to compete for the bond without a stack of sources.
Councilmember Ezzy Ashcraft inquired whether the two projects are time sensitive, to
which the Community Development Director responded in the affirmative; stated Eagle
Avenue must be in construction by June and financing must close in May; the City must
apply for tax credit funding in June for the Site A project; if a tax credit application is not
timely, it will not be a competitive application; requirements for the developer have to be
in place; there is a relationship between affordable housing readiness and construction
at Alameda Point.
Vice Mayor Vella inquired whether Alameda is assuming the County will approve use of
funds for Site A, to which the Community Development Director responded in the
affirmative.
The Base Reuse Director continued the presentation.
Councilmember Oddie inquired whether the $5.5 million was City or County money, to
which the Base Reuse Director responded the money would come to the City to be
disbursed; the fiscal neutrality policy relates to General Fund services and ensures the
General Fund is held neutral.
Councilmember Oddie inquired whether all of the affordable housing vouchers are being
used for the $5.5 million, to which the Base Reuse Director responded in the negative.
Councilmember Oddie stated the issue is urgent and the Council is being asked to act
quickly; everybody should pitch in; he is not convinced the City has looked for funding
under every single rock.
In response to Councilmember Oddie’s inquiry, the Housing Authority Director of
Housing and Community Development (HAHCD Director) stated the Housing Authority
(HA) is constrained by Housing and Urban Development (HUD) regarding the number of
vouchers that could be issued; until the vouchers were made available, the Housing
Authority was at the cap and had no more vouchers; the HA applied under a national
competitive application process and was awarded 45 vouchers for eligible veterans
only; the award letter was published in November and the project has until May to move
forward; if the projects fail to move forward, the HA loses the vouchers; she applied for
the vouchers on behalf of the Rosefield Village project; there is a comprehensive
scoring process to determine how the vouchers are to be distributed; the Base Reuse
Director applied for all 45 vouchers for Site A and 20 vouchers were granted to Site A.
Councilmember Oddie inquired about the voucher distribution, to which the HAHCD
Director responded Site A is eligible to receive 20 vouchers, Rosefield Village is 20
vouchers, and Eagle Avenue is five vouchers.
Vice Mayor Vella inquired whether the vouchers could be transferred to the Site A
project if the Rosefield Village project does not move forward due to funding , to which
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March 7, 2017 5
the HAHCD Director responded in the affirmative; stated the City has confirmed with
HUD that if a project falls out, the vouchers could be awarded to another project.
In response to Councilmember Ezzy Ashcraft’s inquiry, the HAHCD Director stated
Rosefield Village is between Buena Vista Avenue and Eagle Avenue, one half block
east of Webster Street.
Councilmember Ezzy Ashcraft stated Site A is not a HA property; inquired whether it is
unusual to award Section 8 vouchers to properties that are not solely under control of
the HA, to which the HAHCD Director responded in the negative.
In response to Councilmember Ezzy Ashcraft’s inquiry whether the HA Executive
Director made a direct request of HUD for the Site A project, the HAHCD Director stated
the process of awarding vouchers is standardized across the United States.
In response to Vice Mayor Vella’s inquiry, the HAHCD Director stated if a housing
choice voucher is available, the dollar value allows a loan of another $100,000; the loan
needs to be repaid by the rent subsidy; in the Eagle project, the investor is requiring a
$50,000 per unit reserve fund because of uncertainty on the Federal level; the $100,000
is offset by the $50,000; the voucher can supplement and spread funds further, but it
varies per project.
The Base Reuse Director continued the presentation.
In response to Councilmember Oddie’s inquiry, the Base Reuse Director stated the City
could not apply for the 4% Low-Income Housing Tax Credit (LIHTC) because the cap
and trade could not be obtained.
The Community Development Director stated base allocation monies are never seen;
project applicants apply for funding directly to the County which underwrites the deal;
the County makes the determination whether a project should be awarded.
Mayor Spencer stated the Eagle Avenue project is $1 million or 7%, and Site A is $5
million or 16%; inquired whether there is a best practice in regards to taking such a
large percentage for one project.
The Community Development Director responded spending $5 million over 130 units is
less than 16%.
In response to Mayor Spencer’s inquiry, Andy Madeira, Eden Housing, stated local
funds are represented by the market rate land developer’s contribution, HA vouchers,
and other local contributions, including the County A1 bond funds; the amount being
requested tonight is a typical amount.
The Base Reuse Director stated the City was strategic in determining the scenarios;
staff concentrated the $5 million on one project in order to make the City better fit the
9% tax credit; concentrating on one project made Alameda score higher and stay
competitive.
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Vice Mayor Vella stated Alameda scored low in the application process; inquired what is
the plan if the City does not get the cap and trade for the family project.
The Base Reuse Director responded Alameda’s score was low because all the
infrastructure was removed and was not counted; there is no good answer to the
question; at some point, there is no money.
Councilmember Oddie inquired if the City is doing anything on the lobbying side, to
which the Base Reuse Director responded in the affirmative.
In response to Councilmember Oddie’s inquiry, the HAHCD Director stated the HA is
technically not making the decision on how to allocate the vouchers ; the scoring
process determines how the vouchers are distributed; the rules have changed; if
legislation becomes effective, there will be more support for housing projects.
The City Manager stated the City is receiving money early for the highest two priority
projects; the money is formula based and the City is competing with other cities in the
County, including San Leandro and Hayward; the $50 million is being divided amongst
four agencies.
Stated Renewed Hope supports Alameda County Measure A1 funds for the two low and
very low income housing projects in Alameda: Doyle Saylor, Renewed Hope.
Urged the Council to vote yes on the funding: Kari Thompson, Chamber of Commerce
and Alameda Homeless Network.
Urged Council to support the “Everyone Belongs Here” sentiment by approving the
bond program to provide the housing needed: Philip James, Alameda.
Stated building housing in Alameda and the region takes too long and is complicated;
the Site A plan is delayed; affordable and market rate housing needs to be delivered
now; urged Council to use the resources it has at its disposal : Brian McGuire, Renewed
Hope.
Expressed support for the bond program; stated funding affordable housing is difficult;
Urged Council not to lose sight of community development and support the proposal:
Karen Bey, Alameda.
Stated the City is not alone; all of the other cities in Alameda Count y are facing the
same predicament; he supports the bond program and hopes Council moves forward
with the staff recommendation: Former Councilmember Tony Daysog, Alameda.
Councilmember Oddie stated Council still has to do due diligence when a large sum of
money is being requested; Council is being asked to fund projects that were thought to
already be fully funded.
Urged Council to authorize the bond program financing: Helen Sause, Alameda Home
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Team.
Councilmember Oddie stated everyone understands the importance of Site A and
providing more affordable housing; additional information was helpful and important for
the community to hear; he did not see the big picture at first and does not think the City
has looked under all the rocks; the State has provided sources of funding that were not
evaluated; the pot of money is always shrinking; he hopes there is an evaluation and
thoughtful analysis in the next staff report; he will support the funding, although he does
not feel the money will go as far as it should.
Councilmember Ezzy Ashcraft stated there is nothing to be gained by pitting one
affordable housing project against another; the money does not stretch far enough;
understanding how complicated it is to cobble affordable housing funding is important;
Alameda does need more affordable housing and needs to look to the State; there are
169 housing-related issues making their way through the legislature; the City needs to
do everything possible to increase affordable housing funds; she feels strongly about
the two projects; geographical equity is important and affordable housing needs to be
spread across the Island; seniors housing issues are difficult; Alameda has a 25%
affordable housing component; Alameda Point Collaborative homes exceed the
percentage at 30%; Alameda is ahead of the class; Alameda is a Sanctuary City which
should be more than words on paper.
Councilmember Matarrese stated that he will be voting to approve the funding; he will
not risk Site A or Eagle Avenue; there is an irony that permanent loans are based on
Section 8 vouchers; Council needs to approve the funding or risk losing 150 units.
Vice Mayor Vella stated it would be helpful to capture the work performed; she would
like to get a matrix of what the City applied for; urged putting pressure on the Board of
Supervisor so funds are in place sooner rather than later; she supports both projects
and does not want to risk other monies; the State not prioritizing senior affordable
housing is sad; she does not want to further delay the projects, but contingencies need
to be discussed; the City should make sure to have a plan B in place so the projects are
not delayed.
Mayor Spencer thanked staff for additional efforts and information ; stated that she is
concerned about having less money moving forward; she will be supporting the funding;
prioritization is critical.
Councilmember Oddie moved approval of the staff recommendation.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote – 5.
***
Mayor Spencer called a recess at 8:59 p.m. and reconvened the meeting at 9:06 p.m.
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***
(17-157) Introduction of Ordinance Approving a Lease and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of a Lease with
Delphi Productions, Inc. a California Corporation, for a Ten-Year Lease with One Five-
Year Renewal Option for Building 39 Located at 950 West Tower Street at Alameda
Point. Introduced.
The Assistant Community Development Director gave a brief presentation.
Councilmember Ezzy Ashcraft moved introduction of the ordinance.
Councilmember Matarrese seconded the motion, which carried by unanimous voice
vote – 5.
(17-158) Resolution No. 15241, “Requesting the Federal Aviation Administration to
Address Increased Aircraft Noise in Alameda.” Adopted.
Mayor Spencer made brief comments about the resolution.
Councilmember Matarrese stated addressing airport noise is doable because patterns
are not permanent and is something to stay on top of; he is prepared to support the
resolution.
Vice Mayor Vella stated that she serves as the alternate to the Airport Noise Forum; all
impacted communities were heard at meetings; a lot of issues specific to Alameda are
addressed in proposed plan.
Mayor Spencer stated Council is taking the matter seriously; addressing airport noise is
important to the community.
Councilmember Oddie stated addressing the issue is what citizens do; citizens petition
for redress; the issue is appropriate for Alameda residents.
Councilmember Matarrese moved adoption of the resolution.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote – 5.
CITY MANAGER COMMUNICATIONS
(17-159) The City Manager briefly reviewed two new executive orders that have been
issued: a revised immigration executive order which removes Iraq from the list of
countries; and the Environmental Protection Agency (EPA) revision of the 2015 Clean
Water Rule; stated the City would not participate in the voluntary immigration and
customs program.
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Councilmember Matarrese stated an immigration sweep in the City of Santa Cruz was
done under the false notion that police and federal agents were looking for gang
members; the federal update reports are very important for the public to understand
what is being asked.
ORAL COMMUNICATIONS, NON-AGENDA
(17-160) Caylin Yula, Alameda, expressed support for funding the animal shelter.
Councilmember Matarrese stated the public comments are supposed to be on non -
agenda items.
Mayor Spencer stated that she indicated she would allow the FAAS speakers to speak
at this time; a lot of people did not understand the item was on the Closed Session
agenda; there are 10 FAAS speakers who did not have the opportunity to speak earlier.
Vice Mayor Vella stated she is concerned that Council had told an earlier FAAS speaker
the item was agendized on the Closed Session agenda and that the comment session
was already closed; the speaker was not allowed to speak; there are also a number of
people waiting to speak on referral items.
Mayor Spencer stated that she called speakers at 5:00 p.m. for the closed session item;
when she noticed speakers for the FAAS at 7:00 p.m., she told the audience she would
circle back to the FAAS speakers under the next Oral Communications Section 8.
Councilmember Ezzy Ashcraft stated exceptions to the rules should not be made; the
FAAS issue was already deliberated in Closed Session; Council needs to follow the
rules out of respect for the rest of speakers on other items.
Councilmember Matarrese moved approval of adhering to the rules and continuing with
upcoming items.
Vice Mayor Vella seconded the motion, which carried by the following voice vote: Ayes:
Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer
– 1.
COUNCIL REFERRALS
(17-161) Consider Revising the City Council Call for Review Process to Appeal Board
and Commission Decisions by Requiring that Two, Rather Than Just One, City Council
Members Initiate a Call for Review and State a Reason for the Appeal. (Councilmember
Ezzy Ashcraft)
***
Mayor Spencer called a recess at 9:29 p.m. and reconvened at 9:30 p.m.
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***
Councilmember Ezzy Ashcraft made brief comments regarding the referral.
Stated the call for review process is an unfair burden on businesses; the process is
inconvenient, cost prohibitive, and is a deterrent for new businesses; urged Council to
approve the referral: Kari Thompson, Chamber of Commerce.
Stated his project did not receive the due diligence given to other projects; the call for
review on his project caused tremendous injury to him and his wife; urged support of the
referral: Thomas Ellebie, Alameda.
Stated that she does not support the referral; the call for review process works and
should not be changed: Janet Gibson, Alameda Citizens Task Force.
Stated the community spends time researching issues brought to Council for review; the
Planning Board should not be making decisions without knowing the rules : Dorothy
Freeman, Alameda.
Submitted information; suggested citizens not be charged for appeals; urged the
Council not to approve the referral: Gretchen Lipow, Alameda Citizens Task Force.
Stated there is easy access for citizens to share their opinion before a decision is made;
the one-councilmember rule has been abused in the past; the business community
supports the referral and urged Council approval: Mike McDonough, Chamber of
Commerce.
Councilmember Ezzy Ashcraft stated sometimes elected officials need to police
themselves; it is not unreasonable to stop and think about the implications; the City
wants to attract new business and create more jobs; the addition of a second opinion in
the call for review process is reasonable.
Councilmember Oddie stated a related referral was done last year and is in the queue;
inquired whether last year’s referral would remain in the queue if Council passes
tonight’s referral.
The City Manager responded in the affirmative; stated last year’s referral is not as
specific and will be brought back to Council.
In response to Councilmember Oddie’s inquiry, the City Attorney stated passing the
referral tonight directs staff to modify the Alameda Municipal Code.
Councilmember Oddie stated Council direction can be given, but the modifications
would not be implemented right now; he is sympathetic to the resident; those who were
against the project and had no skin in the game had to spend nothing ; he has a problem
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with the inequity and would like to see the policy change implemented sooner rather
than later.
Councilmember Matarrese stated the matter is no longer a referral, it is Council
direction; he saw a flaw in the Oak tree situation in that the requirement of a stated
reason was not present; the policy needs to be tightened up and Council has the
opportunity to do that now; he does not agree with having two Councilmembers call an
item for review; there has to be a mechanism of appeal that does not require two
Councilmembers; the City has very strict guidance not to pre-judge evidence that comes
from the review.
Councilmember Ezzy Ashcraft stated having two Councilmembers call an item for
review does not mean they are pre-judging an issue; saying an issue deserves a
second look might yield a different result or make the project better after the second
review; making the appeal process financially available to citizens is important; she
strongly believes if people opposing a project do not have the financial resource to call
for an appeal, that they could approach a Councilmember who could recruit a second
Councilmember to call the project for review; these are reasonable questions with
reasonable answers.
Vice Mayor Vella stated she thinks there is a lot of presumption that more than one
Councilmember is on board; it is not a huge ask to send the same request to multiple
Councilmembers, as part of the due diligence when involved in a p roject; she is inclined
to support the change, which is feasible, will strengthen the process and ensures there
is merit to the calls for review.
Mayor Spencer stated that she will not be supporting the referral; it is important to look
at the facts; the Planning Board makes approximately 44 decisions a year,
approximately 10% of the cases are called for review; changing the process would also
be a Brown Act violation as Councilmembers can only speak to one other
Councilmember; issues are worthy for Council to weigh in on; the Planning Board
members are appointed, not elected by the people; the Council’s opportunity to weigh in
is a call for review; the only way to do the due diligence is for issues to come to Council;
it is important for Council to protect said ability.
Councilmember Ezzy Ashcraft stated that she is not suggesting Council does away with
the process; more deliberation is needed; the call for review for the cell phone project
was an exercise of a lot of time spent, when State regulations prohibited change;
Council would have known if a second opinion was given.
Councilmember Ezzy Ashcraft moved approval of the Council considering revising the
call for review process to appeal Board and Commission decisions by requiring that two,
rather than just one, City Councilmembers initiate a call for review and state a reason
for the appeal.
Councilmember Oddie seconded the motion, which carried by the following voice vote:
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Ayes: Councilmembers Ezzy Ashcraft, Oddie and Vella – 3. Noes: Councilmember
Matarrese and Mayor Spencer – 2.
(17-162) Consider Resolution No. 15242, “in Support of a Congressional Investigation
Regarding the Impeachment of President Donald Trump.” Adopted. (Vice Mayor Vella
and Councilmember Oddie)
Councilmember Oddie and Vice Mayor Vella made brief comments regarding the
referral.
Urged Council to support the resolution for Congress to initiate an investigation for the
impeachment of President Trump: Rosemary Jordan, Alameda4Impeachment.
Submitted information; stated the Council is the voice for the citizens; that he supports
the resolution: Allen Michaan, Alameda.
Stated that she supports the resolution; she is concerned about the President’s possible
collusion with Russia; cities have the right and responsibility to convey its residents’
sentiments to Congress: Katherine Cameron, Alameda4Impeachment.
Stated that he feels strongly about the issue; urged Council to stand up for the
Constitution and the democracy: John Ota, Alameda.
Stated that she is concerned about the President’s statement about the media and
compared it to Stalin’s statement that the “press is an enemy of the State”; urged
Council to join the group’s endeavors: Leslie Walsh, Alameda4Imeachment.
Stated that she is alarmed by the actions of the President; u rged Council to support the
resolution: Betty Yee, Alameda4Imeachment.
Stated a balanced approach to public service and public policy is needed; the balance is
being destroyed by the current administration: Kenneth Cameron,
Alameda4Imeachment.
Stated that he is opposed to the resolution; the Council does not have his authorization :
Steve Slauson, Alameda.
Urged the Council to approve the resolution; stated the issue is a real concern; the
community needs to stand together and Council is a reflection of the community: Gaby
Dolphin, Alameda.
Stated the time for appeasement is over; citizens are responsible to hold elected
officials accountable at every level; the proposal is an opportunity to bring the truth to
light; urged Council to support the resolution: Philip James, Alameda.
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Stated that he finds the President offensive, lacking of integrity, and dishonest; the
President has undermined every fundamental institution; it is imperative for Council to
make a statement representing the citizens: Charles Hurt, Alameda.
Urged Council to take swift action on the resolution; stated President Trump has
destructive local and global impacts; Alameda should encourage other communities to
speak out: Helen Sause, Alameda.
Stated that she is proud to reside in a Sanctuary City; she supports the resolution for a
Congressional investigation of the President: Marhya Kelsch, Alameda.
Stated the issue is a weighty one; he would like Councilmembers to contemplate the
impacts on Alameda; urged Council to respond with hearts and minds: Former
Councilmember Tony Daysog, Alameda.
Stated that she endorses President Trump; she does not support the referral: Jane
Jackson.
***
(17-163) Mayor Spencer stated a motion is needed to continue the meeting past 11:00
p.m.
Councilmember Matarrese moved approval of continuing the meeting.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote – 5.
***
Stated that she believes strongly in the principle to defend her stance; she supports the
resolution; President Trump has never been held accountable: Laura Fries.
Mayor Spencer inquired how much the City pays for a federal lobbyist, to which the
Assistant City Manager responded less than $100,000.
Mayor Spencer stated she that has received emails suggesting the matter is outside
Council’s jurisdiction.
The City Attorney stated the matter is a free speech issue; there is some connection to
what the federal government does that has an impact and it can certainly be discussed.
Vice Mayor Vella stated everyone is impacted when there are allegations of election
tampering and if the President had a hand in it; if transparency is required in local
boards and commissions, it should also be applied to the President; when free press is
silenced and there is evidence of alleged wrong doing, system faith needs to be
restored; Alameda has a stake in the issue; Alameda is stronger when united; she
hopes Council joins in support of the referral.
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Mayor Spencer stated that she hears and supports the community concerns; the people
need to have a voice; Alameda has a very strong voice represented by
Congresswoman Barbara Lee and Congresswoman Nancy Pelosi; Congresswoman
Lee is not asking cities to weigh in on the matter at this point; the Constitution provides
that the House of Representatives has the sole power over impeachment; she is
concerned about the financial risk to the City; Alameda has a former Naval base that is
in process of being cleaned; how Alameda is going to move forward is important in the
changing financial environment; being a Sanctuary City sent a strong message;
supporting this referral will be a second time Alameda sends a strong message to the
President; she strongly believes Congresswomen Lee and Pelosi are doing their job;
she will not be supporting the resolution and will follow the leadership Congresswomen
Lee and Pelosi.
Councilmember Matarrese stated if the matter comes down to risking funding versus
protecting the constitutional rights of Alameda’s citizens, he does not have to think twice
about protecting citizens; he would jump on the issue now if he thought it would do
something; there is a time to address the issue in in the future; the issue is a partisan
one; a resolution is not appropriate; as individual members, voices can be heard with
the same effect as a resolution; he would like to hold off until there is a clearer picture of
what is happening in Congress.
Councilmember Ezzy Ashcraft stated that she concurs with all Councilmembers; the
President has an utter disregard for the rule of law; she is frustrated at the appalling turn
of events under the new administration; a symbolic resolution is not going to have the
necessary impact; what is needed is more democrats and elected officials to oppose
executive decisions; urged people to act where it can really make a difference; stated
working locally can address the impacts of the administration’s actions; the priority
setting workshop came up with matrix of issues that need attending; time is a finite
commodity; she cannot support the resolution but does not dismiss it; the referral could
be revisited.
Councilmember Oddie stated the issue is not a political one; asking representatives and
Congress as a whole to conduct an investigation is not going to stir the pot or cause
undue harm; he was elected to speak up and support the Constitution; citizens opposed
going to war in 2003 asked Congress not to go to war; there are rules of law; the
request is not to impeach, the request is to investigate; he wants to make sure it is clear
the intent is not fear mongering; Council does take a stand for the citizens.
Vice Mayor Vella moved adoption of the resolution in support of a congressional
investigation.
Councilmember Oddie seconded the motion.
Under discussion, Councilmember Ezzy Ashcraft inquired whether the motion could be
amended as a simplified resolution directed to the Congressional representatives.
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Alameda City Council
March 7, 2017 15
Vice Mayor Vella stated that she would agree to amend the resolution accordingly.
Councilmember Oddie stated that he would agree to an amended resolution directed to
the Congressional representatives if it was also sent to the President of the Senate and
Speaker of House.
Councilmember Ezzy Ashcraft stated she is concerned about the form of the resolution;
suggested making a more general request.
Councilmember Oddie stated that he would be fine with Councilmember Ezzy Ashcraft’s
suggestion.
Vice Mayor Vella stated that she supports an amended resolution rather than not
passing anything; she would like a short break to revise the resolution; she would like to
empower Congresswoman Lee by providing her something to move forward.
Councilmember Matarrese concurred; stated Congresswoman Lee is working with the
delegation to build a case to present to Congress; an official letter stating Alameda City
Council backs Congresswoman Lee’s case is appropriate at this point.
***
Mayor Spencer called a recess at 11:30 p.m. and reconvened the meeting at 11:49 p.m.
***
The City Clerk read the amended resolution.
In response to Councilmember Ezzy Ashcraft’s inquiry, Vice Mayor Vella stated the
resolution would be attached to a cover letter and sent specifically to Congresswoman
Lee.
Councilmember Oddie stated the City of Richmond resolution went to the House
Judiciary Committee Chair; Alameda’s resolution should go to all representatives.
In response to Councilmember Ezzy Ashcraft’s inquiry, the City Attorney stated the
resolution is designed to say there were alleged reports of potential wrongdoing; the
City Council is asking to have House of Representatives to determine if there should be
an investigation.
Councilmember Matarrese stated that he prefers a more direct line to Alameda’s
representatives and a statement which says the Alameda City Council supports building
a case based on what has been reported.
The City Attorney stated Alameda does not have the ability to investigate or verify the
truth of allegations; the resolution is requesting the House Judiciary Committee look into
the matter.
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Alameda City Council
March 7, 2017 16
Councilmember Matarrese concurred with the City Attorney; stated staff time should not
be spent on the issue; he would like the message to be direct; Council should give
Congresswoman Lee the support she needs to do the job she is charged with doing.
Councilmember Oddie suggested adding “Now, therefore the City of Alameda resolves
to support calls by Congresswoman Barbara Lee and others …”
Councilmember Ezzy Ashcraft stated that she does not think Senators Feinstein and
Harris should be identified in the resolution because the City cannot call upon them to
do anything at this time.
Vice Mayor Vella stated that she prefers to leave the resolution language as is; she
would like Congresswoman Lee to be able to take the letter and resolution to the
coalition of other people she is working with to encourage support from their
constituents.
Councilmember Ezzy Ashcraft confirmed that the resolution and cover letter would be
sent directly to Congresswoman Lee with courtesy copies to Senator Harris and
Senator Feinstein.
Councilmember Oddie moved adoption of the resolution.
Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5.
COUNCIL COMMUNICATIONS
(17-164) Councilmember Oddie thanked everyone for holding out with the Council.
(17-165) Vice Mayor Vella invited citizens to an American Civil Liberties Union (ACLU)
and resistance training at the senior center in the Fruitvale district on Saturday March
11th.
(17-166) Mayor Spencer announced the ACLU People Power event will be livestreamed
in Council Chambers on Saturday March 11th.
(17-167) Consideration of Mayor’s Nominations for Appointments to the Recreation and
Parks Commission and Rent Review Advisory Committee (RRAC).
Mayor Spencer nominated Mindi Chen for appointment to the Recreation and Parks
Commission and Jeff Cambra for appointment to the RRAC.
ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 12:02 a.m.
Respectfully submitted,
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Alameda City Council
March 7, 2017 17
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.