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2019-12-03 Regular CC Minutes Regular Meeting Alameda City Council December 3, 2019 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -DECEMBER 3, 2019- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. [Note: Vice Mayor Knox White was present via teleconference from 65 Doonan Road, Nedlands, WA AUS] Absent: None. AGENDA CHANGES (19-660) Mayor Ezzy Ashcraft announced the Centro Legal agreement [paragraph no. 19-665] was removed from the agenda and would return later. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. ORAL COMMUNICATIONS, NON-AGENDA (19-661) Maria Gallo, Alameda, discussed traffic concerns on Fernside Boulevard. CONSENT CALENDAR The Centro Legal agreement [paragraph no. 19-665] was not heard and the Pacific Shops lease [paragraph no. 19-671] was removed from the Consent Calendar for discussion. Councilmember Oddie moved approval of the remainder of the Consent Calendar. Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*19-662) Minutes of the Special and Regular City Council Meetings Held on November 5, 2019. Approved. (*19-663) Ratified bills in the amount of $3,986,146.67. Regular Meeting Alameda City Council December 3, 2019 2 (*19-664) Recommendation to Authorize the City Manager to Execute a First Amendment to the Service Provider Agreement with CSW/Stuber-Stroeh Engineering Group, dba Parisi/CSW Design Group to Retroactively Extend the Term through June 30, 2021 for Outreach, Planning and Design Services for the Otis Drive Traffic Calming and Safety Improvement Project. Accepted. (*19-665) Recommendation to Authorize the City Manager to Execute an Amendment to the Service Provider Agreement with Centro Legal de la Raza to Revise the Scope of Services, with No Change to the Compensation, for Legal Services to Lower-Income Tenant Households in Alameda. Not heard. (*19-666) Recommendation to Authorize the City Manager, or Their Designee, to Enter into an Agreement with the Federal Emergency Management Agency (FEMA), to Accept and Allocate Fiscal Year 2019 Por t Security Grant Program Funds in the Total Amount of $365,608; Award a Bid Contract to the Sole Bidder to Build and Provide a New Marine Patrol Boat and Trailer in the Amount Not to Exceed $487,477 to Safe Boats International. Accepted; and (*19-666A) Resolution No. 15613A, “Amending Fiscal Year 2019-20 Police Grants Fund Revenue and Expenditures Budget in the Amount of $365,608 for the Port Security Grant.” Adopted. (*19-667) Resolution No. 15614, “Setting the 2020 Regular City Council Meeting Dates.” Adopted. (*19-668) Resolution No. 15615, “Amending the Management and Confidential Employees Association (MCEA) Salary Schedule, Effective December 8, 2019, to Reflect a New Salary for the Construction Inspection and Survey Supervisor Commensurate with an Increase in Scheduled Working Hours.” Adopted. (*19-669) Resolution No. 15616, “Approving Tentative Map No. 8532 for the Subdivision of Six Lots on 20.1 Acres for the Second Phase of the Site A Development Plan at Alameda Point for Residential, Commercial and Public Parking.” Adopted. (*19-670) Ordinance No. 3256, “Amending the Alameda Municipal Code by Amending Various Provisions of Section 3-61 (Transient Occupancy Tax) of Division IX (Taxes) of Article II (Taxation) of Chapter II (Finance and Taxation), Clarifying and Restating Hosting Platforms’ Responsibility to Collect and Remit Transient Occupancy Taxes. Finally passed. (19-671) Ordinance No. 3257, “Authorizing the City Manager, or Their Designee, to Execute an Amendment to the Lease with Pacific Shops, Inc. for the Tidelands Property Located along Clement Street between Alameda Marina Drive and Willow Street, Commonly Referred to as Alameda Marina, to Allow Pacific Shops, Inc. to Exercise Its Lease Option. Finally passed. Regular Meeting Alameda City Council December 3, 2019 3 Councilmember Oddie moved final passage of the ordinance. Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. REGULAR AGENDA ITEMS (19-672) Resolution No. 15617, “Amending the Recruitment and Hiring Incentive Policy for Lateral Police Officers in the Alameda Police Department.” Adopted. The Police Chief gave a Power Point presentation. Councilmember Daysog inquired the meaning of the acronym PHS, to which the Police Chief responded Personal History Statement (PHS). Councilmember Vella stated the cost of living is a barrier for some applicants; inquired whether offering relocation benefits such as moving bonuses has been considered. The Police Chief responded it has been considered; stated the proposal is not moving forward until it can be offered to all City departments; outlined incentive bonus options that may be considered; stated some incentives do not yield applicant retention. Councilmember Vella inquired how the $30,000 incentive payment was determined and whether it will be sufficient. The Police Chief responded the sufficiency has yet to be determined; stated incentives are designed to retain officers; noted other cities provide the incentive incrementally over time; stated there is competition for Officers in the area. Councilmember Vella inquired whether consideration has been given to reducing the probationary period for Officers that have been in good standing for a number of years. The Police Chief responded the California Peace Officers Standards and Training (POST) period is one-year. Councilmember Vella inquired whether the probationary period could state: “minimum POST requirement.” The Human Resources Director responded labor requested bringing the requirement of two years down to one year. The Police Chief read the POST requirements. Regular Meeting Alameda City Council December 3, 2019 4 Councilmember Oddie inquired whether any incentives, aside from the homeowner incentive, have been omitted in comparing other programs. The Police Chief responded in the negative; stated the probationary period and mortgage assistance are the focus; Alameda offers retiree medical benefits and other jurisdictions do not; the goal is to build up the incentives. Councilmember Oddie inquired whether staff must be employed for five years in order to qualify for the existing medical incentives, to which the Police Chief responded in the affirmative. Discussed the effects of Police Department cuts on the Downtown Business Association; expressed support for recruitment efforts to hire qualified personnel : Janet Magleby, Downtown Alameda Business Association. Mayor Ezzy Ashcraft discussed a meeting with the Downtown Business Association; stated the Police Chief and Human Resources Director have been working diligently; there has been an increase in crime within the business districts including vehicle break-ins; the Homelessness Reach-Out Team is highly trained in working with those who are unsheltered; expressed concern for Officers working outside of their job description and overtime work; expressed support for the proposed policy. Councilmember Oddie stated that he requested ideas be brought forth by the City Manager to Police recruitments; expressed support for the effective utilization of the City’s limited resources; outlined his recent experience with a vehicle collision and the rapid response of the Alameda Police Department; stated Alameda is the best place to live; the Police Chief should request additional funding from Council should there be a need; expressed support for the proposed policy. Councilmember Vella expressed support for the policy; expressed concern over retaining officers; expressed support for ensuring current Officers are sufficiently incentivized to remain with the City; stated not all departments experience the unique problem of being understaffed for an extended period of time; expressed concern about potential burnout of existing officers should the problem of being understaffed not be resolved in a timely manner; stated solutions will need to be creative; the focus should be centered on retention; expressed support for increasing the referral incentive by an additional $1,000; stated retention is needed just as much as recruitmen t. Vice Mayor Knox White discussed a meeting with the Police Chief related to general staffing needs for the department; expressed support for the policy. Councilmember Daysog expressed support for the Alameda Police Department; stated the City is a very safe place; should modifications to the policy be needed, those modifications should be made; expressed support for the implementation of the policy. Regular Meeting Alameda City Council December 3, 2019 5 Councilmember Vella moved adoption of the resolution, with an amendment to double the referral incentive from $1,000 to $2,000 of the recruitment and hiring incentive policy for lateral police officers in the Alameda Police Department . Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (19-673) Resolution No. 15618, “Establishing a City Council Policy that a City Council or City Staff Member Who Knowingly Violates the City Charter, an Applicable Criminal Statute or an Applicable Ethical Code of Conduct Shall Not be Entitled to Reimbursement from the City for Legal or Other Fees Arising Out of the Violation.” Adopted. Councilmember Oddie recused himself and left the dais. Councilmember Vella requested the matter be bifurcated. The City Attorney clarified a motion could be made to address claims prior to today and have a second part regarding all activities after today. Councilmember Vella moved approval of bifurcating the hearing into two parts; the first part results in her recusal, and would be for all prior events for which there could be a claim filed; the second vote, resulting in her participation, would be for any events happening after the adoption of the policy. Vice Mayor Knox White seconded the motion. Vice Mayor Knox White questioned how Council would be able to conduct a bifurcated discussion; stated that it will be difficult to keep the items separate. Councilmember Daysog expressed concern over anticipated litigation and for items which could be injurious; stated that a clean discussion is needed; the item should be discussed as agendized. Mayor Ezzy Ashcraft expressed support for actions that are simple and straight -forward; stated the matter is being discussed as a result of the Grand Jury Report; that she cannot support the motion to bifurcate the matter. Councilmember Vella stated that she would like to hear from the City Attorney related to a question posed by Vice Mayor Knox White. The City Attorney stated Councilmembers would need to compartmentalize thoughts between the two processes; the law authorizes the process should the Council decide; two different actions are taken, therefore thoughts must be compartmentalized. Regular Meeting Alameda City Council December 3, 2019 6 Vice Mayor Knox White stated that he is struggling to underst and how bifurcating the first part will not impose the discussion of the second part; expressed concern about a clean discussion. Councilmember Vella stated the Council policy would be applied to events in the future where she should have the opportunity to participate; there are elements not related to Council within the policy that can be brought forth as a Council Referral if needed. On the call for the question, the motion failed by the following roll call vote: Daysog: No; Knox White: No; Vella: Aye; and Mayor Ezzy Ashcraft: No. Ayes: 1. Noes: 3. [Absent: Councilmember Oddie – 1.] Councilmember Vella recused herself and left the dais. The City Attorney gave a brief presentation. Vice Mayor Knox White expressed concern about who will determine violations; stated there needs to be some form of formal determination before the policy is made; inquired whether there has been consideration of any formal process for when a violation occurs. The City Attorney responded the policy, as written, is that the City Council or a majority of the Council will make the decision or delegate, if desired. Mayor Ezzy Ashcraft inquired whether there will be a formal process to determine a violation of the Charter or law. Vice Mayor Knox White stated Council alread y has discretion to determine whether or not a violation has occurred; inquired whether a more formal process should be considered. Mayor Ezzy Ashcraft stated it is a difficult task to request a direct report to make a determination of a violation of the law or Charter against one or more members of the City Council that the members vote on the positions’ at-will employment; expressed support for Council delegating to a special outside counsel; stated the the process should not allow for political attacks. Vice Mayor Knox White stated this is new ground; expressed support for starting the discussion with the Grand Jury report and proceeding from there. The City Attorney noted the policy is meant to be kept short and simple; stated should Council could direct staff to provide a more detailed effort into procedures,. Councilmember Daysog inquired the theory behind why Council may wish to delegate. Regular Meeting Alameda City Council December 3, 2019 7 The City Attorney responded one example is related to City staff; stated Council may desire to delegate to the City Manager or City Attorney to make determinations in relation to City staff actions. Expressed concern over legal fee expenditures for Councilmembers Oddie and Vella ; suggested the Councilmembers reimburse the City: Steve Slauson, Alameda. Stated the term undue influence is vague; the penalty should be addressed after the definition is clarified; expressed concern over only three Councilmembers addressing the matter; suggested the matter be tabled: Catherine Pauling, Alameda. Mayor Ezzy Ashcraft stated that she does not support including Boards and Commissions in the policy. Councilmember Daysog stated the Grand Jury provided recommendations and Council is to put policy in place; expressed support for not including Boards and Commissions in the policy. Mayor Ezzy Ashcraft stated the policy goes beyond the Grand Jury recommendation; read from the policy. Councilmember Daysog expressed support for keeping City staff in the language; stated having Board and Commissions included is uneasy. Vice Mayor Knox White expressed support for the preamble put forth by the City Attorney’s office. Mayor Ezzy Ashcraft expressed support for the preamble; stated the City of Alameda is making an attempt to rectify past situations and to follow the Grand Jury’s recommendations; expressed concern for the language related to delegating to the City Manager or City Attorney. The City Attorney stated the proposed language preference would delegate to special counsel with respect to Councilmembers, and delegate to the City Manager, City Attorney or special counsel with respect to City staff. Councilmember Daysog provided edits adding a comma after “violation” and before “or.” Vice Mayor Knox White expressed concern about special counsel determining when a violation has been made; stated there have been two instances where outside counsel has been lacking; the matter binds future Councilmembers from not being able to indemnify; expressed support for a higher power than outside counsel, such as courts or Grand Jury. Mayor Ezzy Ashcraft discussed the former City Attorney previously selecting special Regular Meeting Alameda City Council December 3, 2019 8 counsel; expressed support for Council having the authority to select the special counsel firms for fairness in the process. Councilmember Daysog expressed support for a higher threshold or trigger for outside counsel; stated the policy of reimbursement or non-reimbursement should follow and event or decision made by a third party entity. Vice Mayor Knox White stated there are existing processes that can be used as a trigger without a further government or political process; urged caution in deciding what rules are put in place. Councilmember Daysog inquired whether there is concern for the possibility of a majority of Council deciding a violation has occurred. Vice Mayor Knox White responded in the affirmative; stated three or four Councilmembers can submit the violation to special counsel; expressed support for a minimum threshold to determine a violation. Mayor Ezzy Ashcraft inquired the minimum threshold, to which Vice Mayor Knox White responded the Grand Jury finding a violation. Mayor Ezzy Ashcraft stated Council does not direct the Grand Jury to look into scenarios; expressed support for better protections. Councilmember Daysog stated the current matter relates to reimbursing legal fees; noted a process must occur for reimbursement requests to be made; the determination to reimburse legal fees should be made after there is a finding. Mayor Ezzy Ashcraft stated the reason for denying reimbursement of legal fees w ould be due to a violation of the rules or Charter; the proposed language leaves the possibility of determination to the City Attorney, City Manager or special counsel; expressed support for the City Attorney or City Manager determin ing City staff has made a violation; expressed concern for the determination being made as it relates to direct reports of City Council; stated special counsel would only be brought in for Councilmember violations; legal fees may not only be requested for reimbursement when a Grand Jury report is produced. The City Attorney stated there are very few times the Grand Jury is involved in a City process; if the triggering event is a Grand Jury, District Attorney or an Attorney General determination or investigation, the triggering event could either be over or under inclusive; the policy is drafted to allow the Council to be the elected governing body of the City; proposed the term “Council appointed” could be inserted before special counsel. Vice Mayor Knox White stated Council has full authority to deny indemnification; Council Regular Meeting Alameda City Council December 3, 2019 9 may determine the specific policy or trigger; expressed support for Council appointed special counsel; expressed concern for a policy which allows special counsel to be hired by the City Attorney; expressed support for Council making the determination. Mayor Ezzy Ashcraft expressed concern about due process; proposed bringing in a special counsel to work with City Councilmembers. *** (19-674) Mayor Ezzy Ashcraft moved approval of allowing addition time f or Council discussion [suspending the Council meeting rules]. Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 3. [Absent: Councilmembers Oddie and Vella – 2.] *** Mayor Ezzy Ashcraft expressed concern for Council being unable to make a determination in every instance; stated special counsel may be brought in to assist when needed. Councilmember Daysog expressed support for a higher ranking body making a determination; outlined edits to Section 1, adding “, as determined by a Grand Jury, District Attorney, or Council appointed special counsel;” stated Council is responding to the Grand Jury recommendations. Mayor Ezzy Ashcraft expressed support for Councilmember Daysog’s addition to Section 1. Councilmember Daysog stated there is a weakness in the proposed language. Mayor Ezzy Ashcraft stated the special counsel involvement is only triggered when Council is involved; inquired whether the addition of “Council appointed special counsel” is acceptable. Vice Mayor Knox White responded that he does not support outside counsel ; expressed concern for allowing outside counsel not to indemnify; stated there have been two instances where outside counsel has been ineffective. Mayor Ezzy Ashcraft stated there are times when the City Council needs to confer with special counsel; Council can decide to obtain special counsel when necessary; there is an element of safety with special counsel; special counsel would be used as a resource. Vice Mayor Knox White expressed support for Council determining at its interest to use outside counsel and for including language which would allow Council to work with outside counsel. Regular Meeting Alameda City Council December 3, 2019 10 The City Attorney stated the policy allows the body to make a determination of a violation; and once the determination occurs, the Council cannot exercise its discretion to indemnify; once a violation is found, the Council does not get to step 2. Vice Mayor Knox White inquired whether the threshold for the finding is three members of Council. The City Attorney responded in the affirmative. Vice Mayor Knox White stated that is problematic; expressed support for due process, for identifying the threshold for violation, and the threshold being higher than three Councilmembers. Councilmember Daysog stated the modifications made by the City Attorney is satisfactory; proposed edits to the last sentence naming higher authority decision making bodies. Vice Mayor Knox White expressed support for the changes. The City Attorney highlighted the edits. Vice Mayor Knox White stated that he is comfortable with the current language. Mayor Ezzy Ashcraft stated the City Council should specify that Councilmember(s) alleged of violating the law should not be included. The City Attorney inquired whether Vice Mayor Knox White wants to delete portions of the language. Vice Mayor Knox White inquired whether Council can choose not to indemnify if a finding is made. The City Attorney responded the policy states Council will make the finding. Mayor Ezzy Ashcraft stated that she would like to ensure all changes made will hold up to legal scrutiny; if a matter is not brought forth by the Grand Jury or District Attorney, it does not mean the matter is not significant. In response to Vice Mayor Knox White’s inquiry, Mayor Ezzy Ashcraft stated there needs to be a firm legal foundation to make a determination; the Grand Just is recommending Councilmember’s legal fees not be reimbursed if they have been found to have violated the Charter; the City Attorney should not be consulted in said instance. Vice Mayor Knox White stated that he has no concerns with the use of special counsel Regular Meeting Alameda City Council December 3, 2019 11 to help inform Council; expressed support for due process. Mayor Ezzy Ashcraft stated there is difficulty in asking the City Attorney to make the recommendation when a Councilmember has been identified as violating the Charter; expressed support for the language stating “Council appointed special counsel ;” stated outside counsel is a protection; special counsel is used as a consulta nt, not as a delegation of authority; those seeking reimbursement should consult a lawyer as a safeguard. Vice Mayor Knox White proposed: “the Council shall not be precluded from making a finding.” Mayor Ezzy Ashcraft stated the statement should be made in the affirmative; provided edits to the statement and recommended: “Council shall retain the authority to determine.” Vice Mayor Knox White expressed support for the language. Mayor Ezzy Ashcraft proposed edits to the last sentence: “… may consult with Council appointed special counsel to provide necessary advice.” Councilmember Daysog inquired whether the term Council will be included in the sentence beginning with: “to the extent…” The City Attorney responded in the affirmative; stated the latter portion of the policy makes it clear the Council retains jurisdiction to act. Vice Mayor Knox White moved adoption of the resolution, as amended. Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 3. [Absent: Councilmembers Oddie and Vella – 2.] *** Mayor Ezzy Ashcraft called a recess at 9:25 p.m. and reconvened the meeti ng at 9:34 p.m. *** CITY MANAGER COMMUNICATIONS (19-675) The City Manager announced the upcoming holiday sing-along at Mastick, Mayor’s Tree Lighting, and a hot cocoa crawl. ORAL COMMUNICATIONS, NON-AGENDA Regular Meeting Alameda City Council December 3, 2019 12 None. COUNCIL REFERRALS (19-676) Consider Directing Staff to Enact a Policy to Give All City Employees the Option to Use Any Paid Leave, such as Sick, Vacation, or Other Paid Time Off, to Supplement Pay while out on Paid Family Leave. (Councilmember Vella) Councilmember Vella made brief comments regarding the referral. Vice Mayor Knox White inquired how direction will be given. Councilmember Vella responded direction will be open ended; stated that she would like to ensure various types of leave will be able to be used as a supplement. Mayor Ezzy Ashcraft expressed concern. The City Manager stated that he and the Human Resources Director are in support of Councilmember Vella’s proposal; different options will be reviewed and proposals will be brought back to Council for consideration. Councilmember Oddie stated this policy is very fitting; expressed support for the referral. Councilmember Oddie moved approval of the referral. Councilmember Vella seconded the motion. Under discussion, Vice Mayor Knox White stated that he would like to see a model similar to San Francisco; expressed support for the referral. Mayor Ezzy Ashcraft expressed support for the referral. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. COUNCIL COMMUNICATIONS (19-677) Councilmember Vella announced the Lead Abatement meeting will be in Alameda next December, that she would meet with the Environmental Protection Agency Children’s Health Director on December 10th and that she was appointed to the League of California Cities Housing Policy Committee. Regular Meeting Alameda City Council December 3, 2019 13 (19-678) Vice Mayor Knox White discussed an article related to affordable housing; noted the costs of affordable housing are too high for development. (19-679) Mayor Ezzy Ashcraft stated more housing must be built; discussed League of California Cities Statewide policy committee items, which she would share; announced the upcoming annual Midway Shelter 5 kilometer run/walk. (19-680) Councilmember Oddie stated Stopwaste is considering adopting Alameda’s straw ordinance at the County level; made an announcement regarding animal adoption. Regular Meeting Alameda City Council December 3, 2019 14 ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:48 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.