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2020-06-16 Regular CC MinutesRegular Meeting Alameda City Council June 16, 2020 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 16, 2020- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:20 p.m. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. [Note: The meeting was conducted via Zoom] Absent: None. AGENDA CHANGES (20-395) Vice Mayor Knox White inquired whether the Boatworks Appeal [paragraph no. 20-427] and the budget [paragraph no. 20-430] could be heard first on the regular agenda. Mayor Ezzy Ashcraft inquired the current amount of public comment for each item. The City Clerk responded there is no way to indicate the amount via Zoom; stated a number of comments have been submitted for the budget item. Councilmember Oddie inquired whether the Proposition 4 Appropriations Limit [paragraph no. 20-430] item must be heard prior to the budget. The City Attorney responded the Appropriations Limit item must be heard prior to the budget. Mayor Ezzy Ashcraft inquired whether the delinquent waste bills [paragraph no. 20-425] and the ordinance revising the City’s sewer service charges [paragraph no. 20-426] item will be quick. The City Clerk responded public comment has not been received for the items; noted the ordinance revising the sewer service charges [paragraph no. 20-246] item has a protest which can be submitted up to during the hearing and a staff person is awaiting potential protests in front of City Hall; stated any protests be received must be tallied. Vice Mayor Knox White moved approval of hearing the regular agenda items as follows: the delinquent waste bills, the Boatworks appeal, the Appropriations Limit, and the budget. Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS Regular Meeting Alameda City Council June 16, 2020 2 (20-396) Mayor Ezzy Ashcraft read a proclamation declaring June 19, 2020 as Juneteenth Day. (20-397) Mayor Ezzy Ashcraft, Vice Mayor Knox White, Councilmember Oddie, Councilmember Daysog and Councilmember Vella made comments thanking the Public Works Director for his service to Alameda. AGENDA CHANGES (20-398) The City Manager noted a staff person is outside for the ordinance revisin g the sewer service charges. Mayor Ezzy Ashcraft inquired whether the protests have a time limit. The City Clerk responded there is no time specific; stated the notice informs protests are able to be received up until the item is heard; should the matter be moved back up in the agenda, protests may still be submitted. Mayor Ezzy Ashcraft inquired whether protests have been received. The City Clerk responded that she should receive a response by the time oral communications are heard. ORAL COMMUNICATIONS, NON-AGENDA (20-399) Ben Calica, Alameda, discussed contacting non-emergency Police dispatch; stated any decision to no longer dispatch non-criminal calls should be discussed publicly. (20-400) Grover Wehman-Brown, Alameda, expressed concern about the framing of the June 17, 2020 special meeting; stated many reforms have been implemented and have not worked; urged Council to keep the meeting flexible, respond to community needs, create a process to listen and respond to the needs of Black residents, ask staff to implement tools to ensure the community is able to transparently asses the current status and funds being used by the Police, and consider the community proposals to shift funding from Police. (20-401) Amaya Edwards, Alameda, discussed organizing Alameda Youth in response to unjust killings and harassment of Black people; urged Council to: release the names of officers involved in the arrest of Mr. Watkins, place the involved officers on Administrative Leave pending investigation, defund the Police, reinvest in community- based alternatives to 911, provide a quarterly release of Police use of force and arrest by race data, allow independent oversight to review Police conduct, remove all law enforcement from schools and reinvest in education; and not to allow Police to turn off body worn cameras while active. Regular Meeting Alameda City Council June 16, 2020 3 The following public comments were read into the record : (20-402) Anonymous Alameda Resident expressed concern about divesting the Police force; urged Council to increase Police force, keep officers on school grounds, and increase the Police budget. (20-403) Ruth Abbe, Community Action for a Sustainable Alameda (CASA), expressed gratitude toward the Public Works Director for his service to Alameda related to sustainability initiatives. Additional Zoom comment: (20-404) Jono Soglin, Alameda, urged Council not to combine the cleanup and the City Prosecutor Charter amendments; stated mass incarceration has been trending down while criminal justice reform has trended up; criminal prosecutions should not be increased; urged Council to review actions of the prosecutorial unit; stated that he would like to approve the cleanup language without having it with the City Attorney’s authority to prosecute crimes; expressed concern about the lack of a second t o Vice Mayor Knox White’s motion related to repealing Section 26 -3 of the Charter, the digital divide impeding public participation and Section 26-3 repeal being unknown; stated an easy solution is to set the effective date out 18 months or two years. CONSENT CALENDAR The City Clerk announced that the contract for legal notices [paragraph no. 20-407 ], the staffing services agreement [paragraph no. 20-415], the rent program regulatory fee study [paragraph no. 20-417], and the Engineer’s Report for Island City Landscaping and Lighting District 84-2 [paragraph no. 20-422] were removed from the Consent Calendar for discussion. Vice Mayor Knox White moved approval of the remainder of the Consent Calendar. Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (*20-405) Minutes of the Special Meetings Held on May 6, 2020 and May 7, 2020; and the Special and Regular Meetings Held on May 19, 2020; the Special Meeting Held on May 20, 2020 and the May 19, 2020 Continued Regular Meeting Held on May 20, 2020. Approved. (*20-406) Ratified bills in the amount of $2,760,734.24. Accepted. (20-407) Recommendation to Award a Contract for the Publication of Legal Notices to the Alameda Sun for Fiscal Year 2020-21. Regular Meeting Alameda City Council June 16, 2020 4 The following public comment was read into the record: Expressed concern about the Alameda Sun’s circulation; urged Council not to award the contract to the Sun: Erin Fraser, Alameda. Councilmember Daysog stated the circulation for Alameda Sun is distributed at roughly 4,000 which is below the 2019 audit; expressed support for staff’s recommendation; stated a lower distribution is likely due to impacts from COVID-19 and that he hopes for a turnaround which brings the distribution higher than 4,000. Councilmember Oddie expressed support; stated the Alameda Sun is still publishing; he would like the Sun to stay and be successful; a discussion related to a different vendor may need to happen in the future; the Charter requires the City to have an official newspaper. Vice Mayor Knox White moved approval of the staff recommendation; inquired whether the item could return in six months for review; noted meetings still need to be properly noticed. The City Clerk responded the Charter requires a one year contract; suggested the City Attorney provide an opinion. Councilmember Vella stated that she would like more information related to how this matter ties into the special meeting discussion of properly noticed meetings; expressed support for input from staff. Mayor Ezzy Ashcraft stated some residents are not online and are part of the digital divide; many receive news from the newspaper; expressed support for small local businesses and meeting noticing requirements. The City Attorney stated the Charter requires an annual contract award from Council; Council may request additional review; staff recommends the contract be awarded on an annual basis; the Charter allows for the City to mail notices, however the process is burdensome and is not recommended; the Charter may be amended if desired but is subject to Council direction and voter approval. Mayor Ezzy Ashcraft inquired the term expiration of the current contract, to which th e City Clerk responded June 30. Mayor Ezzy Ashcraft inquired what would occur should Alameda Sun no longer exist or the business terminates. The City Attorney responded the contract will need to be revisited; stated the City Clerk would promptly select another designated newspaper while mailing notices until approved. Regular Meeting Alameda City Council June 16, 2020 5 Vice Mayor Knox White stated the review is not needed; should the Alameda Sun no longer exist while the contract is still active, Council may discuss the matter at that time. Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (*20-408) Recommendation to Authorize the City Manager or Designee to Execute an Amendment to the Agreement with Innovative Interfaces, Inc. for the Polaris Integrated Library System by Extending the Term Two Years and Adding the LINK+ Resource Sharing Network for an Amount Not to Exceed $122,618 for a Total Seven-Year Cost in an Amount Not to Exceed $522,618. Accepted. (*20-409) Recommendation to Authorize the City Manager to Negotiate and Execute an Amendment to the Agreement with the Califa Group to Maintain the Connection with the CENIC High Speed Fiber Network for an Additional Five Years at a Total Cost of $65,000 for a Total Contract Cost of $133,230. Accepted. (*20-410) Recommendation to Authorize the City Attorney to Execute a Second Amendment to the Agreement with Sedgwick Claims Management Services, Inc. for Professional Services as the Third Party Administrator of the City of Alameda’s Self- Insured Workers’ Compensation Program, Extending the Term One Year with the Option of an Additional One Year Extension, for a Total Two Year Compensation Not to Exceed $333,507. Accepted. (*20-411) Recommendation to Authorize the City Manager to Execute Four, Five-Year Agreements, in the Amount of $100,000 Each per Fiscal Year to BSK Associates, Construction Testing Services, ENGEO and Ninyo & Moore for On-Call Geotechnical Engineering and Construction Testing Consulting Services for a Total Cumulative Amount Not to Exceed $500,000 for Each Agreement. Accepted. (*20-412) Recommendation to Authorize the City Manager to Award a Third Amendment to Agreement, for a Total Five-Year Expenditure Not to Exceed $148,218, to Dream Ride Elevator for Full Service Elevator Maintenance and Repairs in City Buildings (Various Locations). Accepted. (*20-413) Recommendation to Authorize the City Manager to Execute a Five-Year Contract in an Amount Not to Exceed $598,856.92, to Clean Lakes, Inc. for Vegetation Management and Water Quality Services for the Alameda West Lagoons. Accepted. (*20-414) Recommendation to Authorize the City Manager to Execute a One Year Agreement with Schaaf & Wheeler in an A mount Not to Exceed $544,392 for the Preparation of Engineering Documents for the Upgrade of the City of Alameda Sewer Pump Stations, Phase 5. Accepted. Regular Meeting Alameda City Council June 16, 2020 6 (20-415) Recommendation to Authorize the City Manager to Execute a Three-Year Staffing Services Agreement Between the City of Alameda and the Housing Authority of the City of Alameda for $1,294,970 for Fiscal Year 2020-21, $1,376,529, for Fiscal Year 2021-22, and $1,471,870 for Fiscal Year 2022-23, to Administer the Rent Control Ordinance (Ordinance No. 3250) and Implementing Regulations for the City of Alameda’s Rent Program. Councilmember Daysog stated that he does not support the rent control measures in place; expressed support for the matter due to the need for program administration. Vice Mayor Knox White moved approval of the staff recommendation. Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (*20-416) Recommendation to: Authorize the City Manager to Execute a First Amendment to the Services Agreement for Fiscal Years 2019 -2020 and 2020-2021 between the City of Alameda and the Housing Authority of the City of Alameda Amending the Scope of Work and Budget Concerning the City’s Administration of Certain Services Including the Community Development Block Grant and HOME Programs, and Extending the Term of the Service Agreement to June 30, 2023; and (*20-416A) Resolution No. 15659, “Approving a Workforce Change in the Community Development Department to Allocate One Classification, Community Development Program Manager, Effective August 1, 2020.” Adopted. (20-417) Recommendation to Receive the Fiscal Year 2020-21 Rent Program Regulatory Fee Study; and (20-417A) Resolution No. 15660, “Adopting a Tier-Structured Annual Rent Program Fee for the City’s Rent Control, Limitation on Evictions and Relocation Payments Ordinance and Implementing Regulations: $132 for “Fully Regulated Units” and $84 for “Partially Regulated Units”.” Adopted. Councilmember Daysog stated that he does not support the matter since it is enhancement of the rent control regime. Councilmember Oddie moved approval of the staff recommendation and related resolution. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes, 1. (*20-418) Resolution No. 15661, “Amending the City of Alameda’s Conflict of Interest Code to Reflect Current Classifications and Boards, Commissions and Committees to Regular Meeting Alameda City Council June 16, 2020 7 be Included in the City’s Conflict of Interest Code; and (b) Rescinding Resolution No. 15467.” Adopted. (*20-419) Resolution No. 15662, “Amending the Capital Improvement Budget for Krusi Park Recreation Center Replacement for Fiscal Year 2019 -20 in the Amount of $131,000 from the Fund Balance of the Recreation Fund for Additional Construction Expenditures and Furnishings and Fixtures.” Adopted. (*20-420) Resolution No. 15663, “Approving the City’s Participation in the Institute for Local Government’s Beacon Program.” Adopted. (*20-421) Resolution No. 15664, “Continuing the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(c).” Adopted. (20-422) Resolution No. 15665, “Approving the Engineer's Report, Confirming Diagram and Assessment Ordering the Levy of Assessments for the Island City Landscaping and Lighting District 84-2, All Zones (Various Locations).” Adopted. Councilmember Daysog recused himself and left the meeting. Vice Mayor Knox White moved adoption of the resolution. Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Absent; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Absent: 1. (20-423) Adoption of Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering the Levy of Assessments For Maintenance Assessment District 01-1 (Marina Cove). Not heard. AGENDA CHANGES (20-424) The City Clerk announced that no additional protests have been submitted for the City’s sewer service charges [paragraph no. 20-426]; stated the matter should not take long to complete. Mayor Ezzy Ashcraft made an announcement related to the engagement of Councilmembers the meeting. Councilmember Vella inquired whether the previously approved agenda changes are being changed once more. Mayor Ezzy Ashcraft noted a staff member must be present outside of City Hall in order to receive any protests; stated the item should be heard in a timely manner. Councilmember Vella moved approval of hearing the agenda items as -listed on the Regular Meeting Alameda City Council June 16, 2020 8 original agenda. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. REGULAR AGENDA ITEMS (20-425) Public Hearing to Consider Collection of Delinquent Integrated Waste Management Accounts Via Property Tax Bills. The Public Works Coordinator made a brief presentation. Councilmember Daysog moved approval of the staff recommendation. Councilmember Vella seconded the motion. Under discussion, Councilmember Oddie stated that he was hesitant in his support of the item based on the financial constraints due to COVID-19; noted staff has indicated the tax cannot attempt to be implemented for another year should the matter not pass; stated that he is reluctantly supportive and sympathetic to those impacted by COVID - 19. On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (20-426) Introduction of Ordinance Revising the City’s Sewer Service Charges. Introduced. The City Manager announced the current Deputy Public Works Director will be the Interim Public Works Director when the current Public Works Director leaves. The Deputy Public Works Director made a brief presentation. Councilmember Oddie moved approval of the staff recommendation , including introduction of the ordinance. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated Alameda has a much lower rate compared to surrounding cities; expressed support for the rate. Regular Meeting Alameda City Council June 16, 2020 9 On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (20-427) Public Hearing to Consider an Appeal of Certain Conditions of Approval Imposed by Planning Board Resolution No. PB -20-10 Approving a Waiver of the Universal Residential Design Ordinance (Alameda Municipal Code Section 30-18) for the Proposed Development at 2229 - 2235 Clement Avenue; Applicant: Boatworks, LLC and; (20-427A) Resolution No. 15666, “Approving Appeal Filed by Boatworks, LLC and Approving a Waiver of the Universal Residential Design Requirements (Alameda Municipal Code Section 30-18) for the Boatworks Development at 2229 - 2235 Clement Avenue.” Adopted. The Planning, Building and Transportation Director gave a brief presentation. Stated the Commission on Persons with Disabilities voted against granting the waiver; the waiver guts the universal design ordinance; Boatworks did not demonstrate financial infeasibility; projects should move forward due to the housing crisis, however, the waiver lacks sincerity; access through the garage was not presented; discussed the Commission on Persons with Disabilities’ request for Boatworks looking into other ways to include accessibility: Beth Kenny, Commission on Persons with Disabilities. Stated the Applicant is willing to consider and look at additional accessibility possibilities; noted limitations have been reviewed for maximum accessibility given the approved layouts; the Code does not allow for access through the garage; access must be provided through the door; additional accessibility options will be explored : Shona Armstrong, Boatworks. The Planning, Building and Transportation Director stated that the project was designed in 2011; the changes resolves a series of issues that have revolved around the project; the design could be better, had it been able to be redesign ed under the present standards; staff does not have the luxury of starting over from scratch ; the project must move forward and be completed; the community as a whole can stay committed to the universal design ordinance; the project is more of an anomaly a nd not a new standard. Mayor Ezzy Ashcraft inquired whether it is still possible to enter a townhome unit through the garage. The Planning, Building and Transportation Director responded a number of the units have everything needed to be universal design; stated the issue lies in meeting the grade for a wheelchair to get from either the alley or the sidewalk into the unit; the needed 5% grade requirement cannot be met on either side; each house may be reviewed in order to meet legal standards. Regular Meeting Alameda City Council June 16, 2020 10 Mayor Ezzy Ashcraft inquired whether there is still a percentage of units that are accessible. The Planning, Building and Transportation Director responded in the affirmative; stated the standard in the ordinance requires 30% universal design and 100% visitability; this project has 15% universal design and 50% visitability; the project meets 50% of the requirements for both criteria. Stated the project far exceeds the State’s accessibility; Boatworks is reworking the current proposal to accommodate the recommenda tions as best as possible: Robert McGillis, Boatworks. Councilmember Oddie inquired the numbers for other projects that were approved prior to universal design. The Planning, Building and Transportation Director responded more recent projects have been closer to 15%; stated the project were completed prior to the universal design ordinance; townhomes are difficult to have visitability; Alameda Marina doubled the universal design standard due to the housing type; however, a waiver was needed for visitability; the ordinance is not difficult to meet with multi -family housing units which have elevators; townhomes create a problematic environment. Vice Mayor Knox White stated although townhomes are difficult for many reasons, they pay for the infrastructure on projects; it is not easy to grant waivers; the project has been planned since 2011; projects work better when universal design goals are disclosed ahead of time; the project would need to be recreated from scratch in order to meet the updated ordinance. Vice Mayor Knox White moved approval of the staff recommendation [including adoption of the resolution]. Councilmember Oddie seconded the motion. Under discussion, Mayor Ezzy Ashcraft stated that she appreciates the work of the Commission on Persons with Disabilities; noted the project has struggled; stated a good faith effort has gone into the request; some visitability can be offered through the garage; the City has struggled to get housing built in desirable locations; expressed support. Councilmember Vella stated that her expectation is for continued efforts; staff will continue to follow up to ensure units are as functionally universal as possible; expressed support. Councilmember Daysog stated that he will continue to vote no on the project; noted the comments from Ms. Kenny are powerful and should be kept in mind for future projects. Regular Meeting Alameda City Council June 16, 2020 11 Councilmember Oddie stated the matter took time to digest; the project was approved nine years ago; noted approval of the matter is another example of Council turning the page after years of litigation; expressed support for comments provided by Ms. Armstrong; stated the City has provided one good faith effort which should be responded to in kind by another good faith effort. Mayor Ezzy Ashcraft stated there is much potential to be realized. On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. (20-428) Public Hearing to Consider Adoption of the Community Development Block Grant(CDBG)/HOME Partnership Investment Program (HOME) Five-Year Strategic Plan for FY 2020-25 and the FY 2020-21 CDBG/HOME Action Plan; and Authorize the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications. Thanked the City for allocating the extra CDBG funds for emergency shelter needs; stated a group has been meeting since the beginning of the pandemic to discuss needs of domestic abuse survivors; the City jumped at the opportunity prior to being asked and should be proud; the needs of survivors will continue and are significant : Erin Scott, Family Violence Law Center. Discussed the role of 2-1-1 in response to disaster preparedness; stated call volume has increased by 40% since the beginning of the shelter-in-place; discussed updates to 2-1-1 services; stated there is a text campaign which can be accessed by texting “coronavirus” to 211211: Alison DeJung, Eden I&R. Stated that she is proud to be a City agency; staff has been impressive in the approach to the domestic violence crisis during COVID; the funding will help address the issues within Alameda; expressed support for putting funding towards the Midway Shelter; noted Building Futures will be administerin g the funds for rent relief program: Liz Varela, Building Futures with Women and Children. Mayor Ezzy Ashcraft requested an overview of Exhibit 5. The Housing Authority Management Analyst stated the school-based mental health is a new program provided by Alameda Family Services; emergency case management will be offered for the first time with CDBG funds; improvements will be made to the Alameda Food Bank warehouse; health and safety improvements will be made to the Midway Shelter; Woodstock Park will also be improved, along with the Safe Parking Program and the day center. Councilmember Oddie moved approval of the staff recommendation. Regular Meeting Alameda City Council June 16, 2020 12 Vice Mayor Knox White seconded the motion. Under discussion, Councilmember Vella stated the partnership with Alameda Family Services is valuable. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (20-429) Introduction of Ordinance Authorizing the City Manager or Designee to Execute a Third Amendment to the License with Amber Kinetics, Inc., a California Corporation, for the Unimproved Lot Located at 641 West Red Line Avenue in Alameda to Extend the Term for 12 Months and Provide for One 12-Month Extension Option. Introduced. The Assistant Community Development Director gave a brief presentation. Councilmember Oddie inquired whether the matter is for a license versus a tenant lease. The Assistant Community Development Director responded licenses do not typically come before Council unless the term exceeds five years. Vice Mayor Knox White moved approval of the staff recommendation including related ordinance. Councilmember Daysog seconded the motion, which carried by the follo wing roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (20-430) Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2020-21; and (20-430A) Resolution No. 15667, “Establishing the Appropriations Limit for Fiscal Year 2020-21.” Adopted. The Budget Manager gave a brief presentation. Councilmember Oddie moved approval of the staff recommendation and related resolution. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Regular Meeting Alameda City Council June 16, 2020 13 Mayor Ezzy Ashcraft called a recess of the meeting at 9:11 p.m. an d reconvened the meeting at 9:25 p.m. *** (20-431) Resolution No. 15668, “Approving and Adopting the City of Alameda Operating and Capital Budget Mid-Cycle Update for Fiscal Year 2020-21.” Adopted; and (20-431A) Resolution No. 15669, “Approving Workforce Changes and Amending the Management and Confidential Employees Association Salary Schedule Effective July 1, 2020.” Adopted; and (20-431B) Recommendation to Accept Report on Settlements Approved Between November 1, 2019 and May 1, 2020. The City Manager and Budget Manager gave a Power Point presentation. Councilmember Vella inquired whether the budget includes providing acting pay to the Fire Chief position, to which the City Manager responded in the affirmative. Councilmember Vella inquired whether a chain of acting pay is created. The City Manager responded there can be a chain of acting pay, but a chain is not being created by the Acting Fire Chief position. Councilmember Vella inquired whether there is a limit to the duration of acting pay. The Human Resources Director responded there is no limit to acting pay; however there are civil service rules and memorandums of understanding related to acting pay limits. Councilmember Daysog inquired whether the reduction in the Recreation and Park fund is related to Jackson Park playground and recreation activities. The Recreation and Parks Director responded the $250,000 reduction for the upcoming fiscal year does not affect Jackson Park; stated the allocation for Jackson Park occurred in Fiscal Year 2019-20 and the funds remain under the project fund. Councilmember Daysog inquired whether other parks will be effected by the reduction in funding. The Recreation and Parks Director responded in the affirmative; stated an additional park will not be constructed in the upcoming year; noted Bayport Park has been delayed in part due to COVID; stated opening a brand new park while children are unable to visit is not ideal; the delay is for one year. Councilmember Daysog inquired whether the Police vacancy savings are due t o not filling the open Police officer positions. Regular Meeting Alameda City Council June 16, 2020 14 The City Manager responded in the affirmative; stated the proposed budget amendments show a minimum of five vacancies throughout the year; the same vacancies were projected in the previous year; the item ha s been highlighted for transparency. Councilmember Daysog inquired whether the transparency aids Council in understanding the actual budget amount for the Police Department. The City Manager responded in the affirmative; stated three vacancies, one under Police, one under Fire, and one non-public safety position funded by the General Fund, have been created in order to balance the budget. Discussed an interaction with the Alameda Police Department (APD); stated Alameda does not have a team of mental health professionals to respond to emergencies; expressed support for the Police not responding to mental health calls; urged Council to redirect Police funding to create one or more civilian positions for trained mental health professionals or social workers to respond to non-criminal 9-1-1 calls: Lorin Salem, Alameda. Stated a budget is a reflection of values; urged Council to focus on those most in need and defunding Police; discussed reinvesting in community-based alternatives to 9-1-1; urged Council not to adopt the resolution approving the operating and capital budget mid-cycle update unless revised: Shalom Bruhn, People Power and Alameda Youth. Urged Council to defund the Police and redirect the funds to public education; noted programs at school are being cut; stated teachers are underfunded; urged Council to vote no and postpone the budget: Sophia Kaufman, Alameda High School. Discussed experiences with the APD; stated APD has made the decision to not respond to mental health calls and is shifting priorities; urged Council to postpone adopting the budget: Ben Calica, Alameda. Urged Council to reject the current budget resolution, reallocate funding, offer more social work and more professionally trained mental health professionals; discussed articles related to reallocation of funding through California; urged Council to look at anti-racist work: Lily Kotansky, Alameda. Discussed her experience working with budgets; stated mid-cycle updates are important; noted the community is requesting reallocation of funding to the Police Department; stated waiting until October will not satisfy the community; urged Council to postpone the budget approval: Cheri Johansen, Alameda. Discussed issues of racism and policing across the country and within the community; stated creating a citizen-led commission and adopting policies that restrict are a necessary step but cannot go far enough; urged Council to provide sufficient checks on Regular Meeting Alameda City Council June 16, 2020 15 the power of Police; stated the Police system was designed to suppress; urged C ouncil to redesign the system of policing and reallocate funding from the Police Department to fund an outside investigation which evaluates Police Department policies, training manuals, and responses: Susanne Heim, Alameda. Expressed support for defunding the Police; stated the need to review and reallocate the budget is essential; discussed impacts to families with public school aged children; discussed reallocation of programs: Lesie Van Every, Alameda. Urged Council to listen to the demands of the youth activists and to consider previous comments; expressed support for discussing the public non -housing public services, for redirecting funds and setting priorities; stated continuing changes is critical; urged Council not to pass the budget amendment until an alternative with financially backed anti-racist policies is available: Amy Chu, Alameda. Stated Alameda does not approve the mid-cycle budget resolution; no detail should be spared when reviewing the Police budget; discussed student fundraising; urged Council to overhaul the budget, and assemble a civilian review board: Kevyn Lauren, Alameda. Stated defunding the Police has fallen on deaf ears; major cities are making defunding commitments; urged Council to listen to the demands and communities of color; noted more social and mental health services will be funded through defunding Police; urged Council to re-look at the budget, defund the Police, fund social services, vote no and postpone the budget: Vinny Camarillo, Alameda. The following comments were read into the record: Discussed experience as a resident of Alameda; urged Council to reject the mid -cycle budget resolution; stated recent protests show a historical turning point in the City of Alameda; urged Council to solicit more input from the community, shift patrol positions, reallocate overtime funding and sell military equipment: Molly Montgomery, Alameda. Discussed experiences as an Alameda resident; stated policing in America has failed; urged Council to divest from APD and invest in the community; stated inequality exists due to healthcare, housing, social and education systems designed by White people; systemic change is required: Savanna Cheer, Alameda. Discussed the detention of Mr. Watkins; stated a radical and immediate respon se was warranted; a vote for the mid-cycle budget is a vote for systemic racism; urged Council to table the budget, shift APD patrol positions and overtime, sell APD’s military grade equipment and vote against systemic racism, the status quo and the mid-cycle budget: Erin Fraser, Alameda. Urged Council to take immediate action to start the process of addressing systemic and pertinent issues of policing by rejecting the mid-cycle budget; stated the City should Regular Meeting Alameda City Council June 16, 2020 16 maintain the current level of funding for services but invest in other programs; stated a drastic policy and structural change is needed: Nelson Layag, Alameda. Discussed the nationwide and worldwide protests happening; stated one solution begins with the budget; there is awareness of the need to reallocate the Police budget into other areas of community need; there is an opportunity to reexamine the roles Police play in the community and to examine the possibilities presented by reallocation of funds: Maggie Jacobs, Alameda. Discussed experiences as an Alameda resident; urged Council to reject the mid -cycle budget resolution; stated the budget fails to represent the community’s demands to divert funds away from Police and reinvest in the community; urged Council to reduce the expenditures for the Police Department by 40% and divert savings by investing in community care: Justine Wolitzer, Alameda. Discussed Alameda in national news; stated events are the result of the lack of alternatives to the Police; urged Council to immediately reduce the expenditures of the Police Department and invest in community programs: E. Patterson, Alameda. Discussed APD’s budget; urged all Officers involved in the arrest of Mr. Watkins be investigated without pay and for Council to take action to defund Police, while re-routing funding to trained, unarmed social workers: Jessica O’Brien, Alameda. Stated the level of funding for Police is disproportionate to education, public health and social services; noted services mitigate many conditions that cause Police deployment; stated the Police should be a public service equal to Firefighting, mail delivery, and social services: Will Robot, Alameda. Discussed several marches, sit-ins and vigil events; urged Council to end Police terror, place the Officers involved in the arrest of Mr. Watkins on Administrative Leave, to de- fund the Police, for a quarterly release of Police use of force data, independent oversight of Police conduct, removal of law enforcement in schools and the inability to turn off body cameras: Nikki Kim, Alameda Youth. Stated the allocation of APD budget to purchase, store maintain and distribute tear gas is prohibited under the Geneva Protocol of 1925: Anonymous text message. Urged Council to reject the current budget and allocate funding by reducin g the expenditures for the Police Department by 40%, minimizing the size of the Police force, and removing Officers with high rates of excessive force misconduct; APD should withdraw from Police militarization programs, require officers to be liable for misconduct settlements, discard paid Administrative Leave, limit overtime accrual and pay, and divert savings into first responders trained in mental health and first aid, youth programs, safety, and community care: Rachel Wellman, Alameda. Regular Meeting Alameda City Council June 16, 2020 17 Discussed experiences as a resident of Alameda; urged Council reject the mid -cycle budget resolution; stated the community is demanding a diversion of City funds away from Police to be placed back into the community: John A., Alameda. Discussed experience as a resident of Alameda; expressed concern for the conduct of APD; stated Alameda can remain safe and secure by reducing the Police budget; fundamental changes are needed to the Police system in Alameda; funding programs and services which benefit minority communities will pay dividends and proactively reduce crime: Danielle Mieler, Alameda. Urged Council not to approve the current Police budget; expressed support for decreasing funding for the Police Department and reallocating funds to the community; stated Alameda is not immune to toxic, racist culture; urged Council to view the guidance offered by the 8 to Abolition campaign: Anonymous text message. Urged Council not to pass the mid-cycle budget resolution; stated the budget update is a failure to represent the community’s recent calls to divert funds away from the Police and reinvest into the community; input from the community is needed on how to move forward with the Police Department budget: Duc Nguyen, Alameda. Urged Council to look at where racial issues are and to reject and revise the mid-cycle budget resolution; stated the 8 Can’t W ait campaign is not enough and fails to create valuable change to the Police systems; discussed alternatives to the campaign; urged Council to divert funds away from the Police Department and reinvest the funds to parts of the community: Luis Booth, Alameda. Inquired the reason APD has not released a statement related to Police brutality; discussed Police being removed from schools; stated there are alternatives to Police patrolling; teachers should be paid living wages and education services should be invested in: Anonymous text message. Expressed support for more policing in Alameda; urged Council to increase funding : Anonymous text message. Expressed support for keeping APD funded; stated Alameda is a safe place to live due to the Police Department: Anonymous text message. Urged Council to reallocate funds in the budget from sworn Officers to the hiring of community Officers in assisting non-crime issues in Alameda; stated there are a number of issues no longer being addressed in the business district, which have been detrimental; the change in policing has caused the district to suffer: Linda Asbury, West Alameda Business Association. Urged Council not to vote in favor of decreasing the budget; listed cities with defunded budgets: Anonymous text Message. Regular Meeting Alameda City Council June 16, 2020 18 Urged Council not to approve the current Police budget, to decrease funding for the Police Department and to reallocate funding to serve the community in a holist ic way; stated Alameda is not immune to the racist culture of policing: Ashley Mullins, Alameda. Urged Council to reevaluate the mid-cycle budget; expressed concern about systemic racism and Police culture; urged Council to reallocate funds toward mandat ory de- escalation training and anti-bias training throughout the Department; discussed experience being a parent in Alameda; urged Council to provide the best for all kids: Dede Lewis, Alameda. *** (20-432) Vice Mayor Knox White moved approval of suspending the nine minutes of Council speaking time. Mayor Ezzy Ashcraft inquired whether the time can be extended yet still set to a specific limit. Vice Mayor Knox White responded that he would prefer the time be open -ended. Councilmember Vella seconded the motion. Under discussion, Councilmember Vella stated Council should remain cognizant of the late hour and keep the discussion meaningful. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Councilmember Oddie requested the City Manager to elaborate what is in and not in the mid-cycle budget. The City Manager responded the City Council passed a two -year budget; stated many cities have an annual budget; should Council not pass a budget at this meeting, the current two year budget would continue as passed in 2019 into the next year with no amendments; Council has the option to change the budget at the current meeting; the impacts are difficult to know; mid-cycle budget updates began in January of 2020; noted COVID-19 has since occurred; many changes have taken place since January; stated staff are responding to changes as they occur; concerns about the budget have arisen since it was first presented in May; redirecting services requires planning; Council may provide direction related to the budget process; another look at the bud get will occur in October 2020. Councilmember Vella stated Council has spent time being responsive and participating with the community; discussed round table discussions; stated the community is embarking on the meaning of transformative change; stated the Police should not be Regular Meeting Alameda City Council June 16, 2020 19 managing a myriad of social problems; people in need should receive care that benefits, instead of criminalizes; ensuring short, medium and long term systemic and systematic response will take time. Councilmember Vella moved approval of the proposed budget with the following direction: 1) a special City Council m eeting will be called before June 30th with one agenda item – “City Council workshop on setting goals, discussing concepts and work planning in support of engaging the Alameda Community in discussions of transforming how our City provides community services, responses and law enforcement and to review and provide direction on policing policies and procedures;” 2) the 2020/21 budget is approved with the direction that it return for further consideration in October with proposed changes identified and developed during the Council and community engagement process; 3) the Council will hold special meetings as needed and work through the August break to facilitate the process for transforming how our City provides community services, responses and law enforcement; 4) staff will return to the Council with a proposal for changing any response protocols for Alameda Police, including any changes announced in May or June of 2020, including any budgetary impacts; 5) all Policing policy changes will be brought to the City Council for approval before implementation, in the instance where changes in State or federal law or courts rule that change is required, changes can be made and brought to the next available Council meeting for ratification, and, if approved, posted to the City website; 6) as the 2019/20 budget had significantly reduced spending for the Police Department that resulted in a nearly $3 million savings, the budget is approved with the following stipulations: 1) hold current vacancies until October budget meeting; 2) grant the City Manager authority to shift funds as needed through October 2020 with continued public reporting, to cover changes in service related to service response policies that are approved by the City Council or have been announced and will be implemented before October 2020; 3) begin the process to sell the Ballistic Armored Tactical Transport response vehicle and return to Council with policies that outline collaboration with regional partners for the rare occasion when such a vehicle may be needed; 4) in an effort to demilitarize our Police Department, funds allocated to APD may not be used to purchase, procure, or maintain military grade equipment, such as tear gas, armored vehicles, etc.; 5) support the proposed removal of City Police staff from Alameda Schools per the agreement made with the Alameda Unified School District (AUSD). Councilmember Oddie seconded the motion. Under discussion, Councilmember Oddie stated Council must continue work to solve the problem; some acquired items are not military grade; expressed support for understanding more about military grade and surplus items; stated Council must be forward-looking and focused on outcomes; the budget will follow once the desired Police force is envisioned; all stakeholders must be included early on; the efforts being put forth today need to be more inclusive; elected officials should try to solve problems thought of as unsolvable; outlined previous social issues experienced; stated there is an issue of a lack of empathy outside of policing that must be addressed; stated systemic racism needs to be understood; White people need to do more to help; there is a Regular Meeting Alameda City Council June 16, 2020 20 perception of no accountability and the topic needs to be discussed with the input of the community with a focus on services; the community para-medicine program has had funding cut; expressed support for solutions, analysis and procedures; noted patience for the program is needed. Vice Mayor Knox White stated there have been questions about the budget; noted Council has already approved a budget for the Police Department and the proposed revision decreases the budget; stated not taking action results in the status quo moving forward; it is important to remember Mr. Watkins was not in need of social services or help; the incident was handled incorrectly the moment the call was made; the City has already removed Resource Officers from schools and the matter is not included in the proposed budget; expressed concern for finding ways which both honor the budget as well as the needs expressed by public comment; reducing a budget by a set number without change does not address impacts; noted Council may not discuss ideas prior to meetings due to the Brown Act and the Sunshine Ordinance; stated the motion is an attempt to answer what has been asked by the community yet also created space for Council’s voice; the special meeting scheduled for tomorrow will be stilted due to the agenda; the motion proposes another special meeting in one week to allow Council to have a broader discussion; Council is making a commitment to meet, set timelines, and hold off on vacancies in order to meet needs as best as possible; Council sets policy direction not only for policing, but the entire City; the community needs to be a part of the input process as Council responds; expressed support for the response of Councilmembers and for anti-racism training. Councilmember Daysog stated the budget is important and reflects the values of the community; Council discussions are related to tragedies stemming from Minneapolis, Atlanta, and Alameda; stated democracy in action is seeing people mobilizing around specific agendas locally and nationally; people power is important to make change; effective democracy occurs through a republic; Council must speak truthfully , candidly, and honestly; stated that he does not support a reduction of the Police budget by 40%; expressed support for improving funding toward mental health in a more substantial way and for looking at nearby cities models; questioned whether the City is in the financial position for a Public Health Department (PHD); stated a local government nearby has a PHD; noted Oakland has a standalone department dedicated to race inequity which ensures policies are reviewed for equity and also has a department of human services; expressed support for APD keeping the armored vehicle; stated the issue of Police militarization is a real issue and a policy should be implemented to check the equipment purchases and uses; the Police force is a civilian force, not a para-military force; there are other matters which can improve the Police force under the budget; a large amount of the budget is spent on salary; outlined the concept of “crowding out;” stated less money is available for other departments; noted there has been an increase to Police and Fire budgets over time, but not an increase to other departments; stated Council needs to look at how the budget is apportioned; the City is spending too much on the Police Department; new revenues should be put toward areas not r eceiving money; outlined Police and Fire labor agreements; stated democracy takes hold in City Hall through Councilmembers in order to make change; Councilmembers must ensure the Regular Meeting Alameda City Council June 16, 2020 21 City is safe and secure; a Police force is needed; however, ongoing training is also needed; City Hall has had a consistent structure; however, it is time to look at a different approach. Councilmember Vella stated City Hall and Council are listening, present and spending time on the matter; noted Councilmembers have been present at marches and demonstrations; stated change is wanted and being executed; expressed support for programs being community led and involved by all; stated the goal is about limiting Police confrontation especially for non-criminal calls for service; noted the incidents in Minneapolis and Atlanta had been calls to service for a non -violent crime resulting in loss of life; stated departments have started to change policies ; however, calls still come in; assumptions cannot be made and an understanding of the p rocess of dispatch needs to occur; the process needs to be thoughtful; expressed support for transformative change that lasts; stated changes should not be for one budget cycle; the four areas all need to be discussed; quoted a statement: “the great thing about Alameda is that we are big enough to have staff to get things done and small enough to do it as a community;” stated the community can come together and solve problems. Councilmember Oddie stated there have been inappropriate calls to Police dispat ch; Police Officers as community members want to be part of the discussion and change; Police Officers are a diverse group of people with families. Mayor Ezzy Ashcraft stated that she has heard about the calls received by dispatch; noted inappropriate calls are not in the name of justice; stated people should practice the compassion being requested; Council has an opportunity to show taking an adversity and finding redemption; an incident on May 23 was captured via social media and brought to Council’s attention; discussed a Town Hall hosted by Vice Mayor Knox White, a march she attended with Councilmember Oddie and a meeting with youth leaders; stated this is an opportunity to reallocate Police funding; noted programs cut and forwarded to Police oversight; stated there is no equal trade for Officers to Social Workers; expressed support for a model similar to Eugene, Oregon of civilian teams; stated Alameda is part of a larger system and there is a limited number of resources; Council is working on the homelessness issue; noted Officer training does not include ethnic studies or race relations; stated Berkeley has a mobile crisis outreach van; Alameda could partner with the City of San Leandro for mental health services; there are things Council cannot legislate; this is a historic moment; Council can see this moment and be inspired leaders and move forward with purpose. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. CITY MANAGER COMMUNICATIONS (20-433) The City Manager announced an expansion of the slow streets program; stated the County has begun to open again. Regular Meeting Alameda City Council June 16, 2020 22 ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (20-434) Vice Mayor Knox White expressed gratitude for the budget process. (20-435) Councilmember Daysog encouraged visiting the farm near Target at Alameda Landing. (20-436) Councilmember Oddie expressed support for outcome-based budgeting. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:03 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.