2024-04-16 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - APRIL 16, 2024- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:04 p.m.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella,
and Mayor Ezzy Ashcraft— 5.
Absent: None.
AGENDA CHANGES
(24-212) The City Clerk announced the annual military equipment report [paragraph no. 24-223]
would not be heard.
The City Manager stated an item will be brought to Council on May 7th that will provide an
update about sideshows and seek Council direction on the use of drones to help with
enforcement; if the direction is to move forward with drones, staff will come back on May 21st
with a first reading amending the military equipment ordinance.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(24-213) Proclamation Declaring April 22, 2024 as Earth Day.
Councilmember Herrera Spencer read the proclamation and made brief comments.
Stated the United States military is one of the largest fossil fuel polluters in history, emitting
more carbon dioxide than most countries; spoke about drinking water shortages, sanitation
infrastructures, and air pollution in Gaza; urged Council to honor Earth month by calling for a
ceasefire in Gaza: Hilda Poulson, Alameda Friends and Families for a Ceasefire (AFF4C).
Expressed appreciation for Councilmember Herrera Spencer speaking; discussed
Latinx/Hispanic Heritage month: Tod Hickman.
(24-214) Mayor Ezzy Ashcraft made brief comments regarding the treatment of women.
ORAL COMMUNICATIONS, NON-AGENDA
(24-215) Hilda Poulson, AFF4C, stated AFF4C remains committed to centering Gaza and
Palestine, as well as supporting candidates in upcoming elections who are supporters of
ceasefire and allies of Palestinian liberation.
(24-216) Laura Thomas, AFF4C, urged Council to call for a ceasefire in Gaza; spoke about the
housing crisis in other parts of the world.
(24-217) Michael Yoshii, AFF4C, thanked Mayor Ezzy Ashcraft for the proclamation at the last
meeting; stated it is not too late to continue to move forward with a ceasefire resolution in
Alameda.
(24-218) Shelby Sheehan, stated that she served everyone on the dais, except for
Regular Meeting
Alameda City Council
April 16,2024
Councilmember Herrera Spencer, with a summons and will be holding them responsible for
punitive damages for her illegal eviction.
(24-219) Roan Byrne-Sarno, AFF4C, urged Council to pass a ceasefire resolution and divest
from companies that support war, violence, and genocide.
(24-220) Evan Gomez-Shwartz, Alameda, proposed a City operated self-sustaining fulfillment
center at Alameda Point, which would support local shops by handling shipping, returns, and
managing inventory.
CONSENT CALENDAR
Councilmember Herrera Spencer moved approval of the Consent Calendar.
Councilmember Jensen seconded the motion.
Under discussion, Vice Mayor Daysog recused himself from the Webster Street Business
Improvement Area [paragraph no. 24-228].
On the call for the question, the motion carried by unanimous voice vote - 5. [Items so enacted
or adopted are indicated by an asterisk preceding the paragraph number.]
(*24-221) Minutes of the Special City Council Meeting and the Regular City Council Meeting
Held on March 19, 2024. Approved.
(*24-222) Ratified bills in the amount of$6,927,167.80.
(*24-223) Recommendation to Accept the Annual Military Equipment Report for the Alameda
Police Department and Continue to Allow the Department to Use and Maintain the Equipment
Previously Adopted. Not heard.
(*24-224) Recommendation to Authorize the City Manager to Execute an Agreement with
Columbia Electric, Inc. for Highway Safety Improvement Program Upgrades to Improve
Pedestrian Safety Project, No. P.W. 01-24-04, in an Amount Not-to-Exceed $496,295, Including
Contingency. Accepted.
(*24-225) Recommendation to Authorize the City Manager to Accept the Work of Bjork
Construction, Inc. for the Littlejohn Park Recreation Building Restoration Project, No. P.W. 11-
21-39. Accepted.
(*24-226) Recommendation to Authorize the City Manager to Execute an Agreement with Blue
Flame Crew West, LLC in an Amount Not-to-Exceed $779,900 for the Doolittle Landfill Flare
and Piping Replacement Project. Accepted; and
(*24-226A) Resolution No. 16146, "Amending Fiscal Year 2021-23 Capital Budget to
Appropriate an Additional $279,900 from the City Solid Waste Surcharge Fund (260)." Adopted.
(*24-227) Recommendation to Approve the Park Street Business Improvement Area Annual
Assessment Report. Accepted; and
Regular Meeting
Alameda City Council
April 16,2024 2
(*24-227A) Resolution No. 16147, "Intention to Levy an Annual Assessment on the Park Street
Business Improvement Area for Fiscal Year 2024-25, and Set a Public Hearing for May 7, 2024,
to Levy an Annual Assessment on the Park Street Business Improvement Area." Adopted.
(24-228) Recommendation to Approve the Webster Street Business Improvement Area Annual
Assessment Report. Accepted; and
(24-228A) Resolution No. 16148, "Intention to Levy an Annual Assessment on the Webster
Street Business Improvement Area for Fiscal Year 2024-25; and Set a Public Hearing for May 7,
2024 to Levy an Annual Assessment on the Webster Street Business Improvement Area."
Adopted.
Since Vice Mayor Daysog recused himself, the item carried by the following vote: Ayes:
Councilmembers Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft — 4. [Absent: Vice
Mayor Daysog — 1.]
(*24-229) Resolution No. 16149, "Authorizing the Mayor to Sign a Memorandum of Agreement
Regarding the Exchange and Cooperation Between Alameda, California, United States of
America and Varazze, Italy." Adopted.
(*24-230) Resolution No.16150, "Approving an Amendment to the Power Purchase Agreement
with Ameresco Half Moon Bay, LLC and Alameda Municipal Power, for a 20-Year Extension
and Expansion of the Renewable Landfill Generation Plant and Authorize the Alameda
Municipal Power General Manager to Execute the Amendment with Minor Modifications."
Adopted.
CONTINUED AGENDA ITEMS
None.
REGULAR AGENDA ITEMS
(24-231) Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal
Code Chapter XXX (Development Regulations) to Revise Section 30-73 et seq. (Real Estate
Subdivision Regulations) to Implement the City of Alameda General Plan and Housing Element
and Make Other Technical Amendments, as Recommended by the Planning Board. Introduced.
The Planning Services Manager gave a Power Point presentation.
Councilmember Jensen inquired whether the Planning Board reviewed the ordinance and
approved it for forwarding, to which the Planning Services Manager responded in the
affirmative.
Councilmember Jensen inquired when it was first before the Board and how long was the
discussion.
The Planning Services Manager responded it was taken to the Planning Board in October and
December; stated staff circulated an early draft to the development community.
Councilmember Vella moved introduction of the ordinance.
Regular Meeting
Alameda City Council
April 16,2024 3
Councilmember Jensen seconded the motion.
Under discussion, Vice Mayor Daysog stated that he did not support the Housing Element (HE)
that was adopted, as well as the General Plan revisions; to be consistent, he will vote no on this
item.
Councilmember Herrera Spencer stated that she opposed the HE but will be supporting this
item.
Councilmember Jensen inquired whether the ordinance is only necessary because of the
change in the HE.
The Planning Services Manager responded the change is not because of the HE; stated the
ordinance has been in the works for a while; the existing ordinance is very outdated.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft — 4. Noes: Vice
Mayor Daysog — 1.
(24-232) Introduction of Ordinance Amending the Alameda Municipal Code by Adding Section
7-9.9 (Animal Testing Ban) to Article 7-9 (General Provisions) of Chapter VII (Animal Control) to
Prohibit Animal Testing and Experimentation on Property Owned or Controlled by the City of
Alameda in its Proprietary Capacity. Introduced.
The Assistant City Attorney made brief comments and the Base Reuse Manager gave a Power
Point presentation.
Councilmember Herrera Spencer inquired why it was so difficult to find out whether or not the 35
life science businesses conduct animal testing.
The Base Reuse Manager responded the City does not currently track the activity.
Councilmember Herrera Spencer inquired why the City could not send communications to
businesses.
The City Manager responded doing so was not a part of staff's research; stated staff knows
companies have vivariums and conduct animal testing, however, tracking would be difficult;
companies are hesitant to talk to staff, provide feedback, and did not want names shared due to
fear of being targeted by animal rights groups.
Councilmember Herrera Spencer inquired whether staff visited a vivarium in Alameda, to which
the City Manager responded in the affirmative; stated that she visited Science Corp at Marina
Village when it was under development.
Councilmember Herrera Spencer inquired whether she saw animals, to which the City Manager
responded in the negative.
Councilmember Herrera Spencer inquired whether staff is unsure how many businesses
currently have animals being tested in Alameda, to which the Base Reuse Manager responded
Regular Meeting
Alameda City Council
April 16,2024 4
in the affirmative.
Stated that she is an animal rights activist; urged Council to select Option A, as there is no
excuse for animal abuse and there should be no animal testing in Alameda: Maria Ducey,
Alameda.
Stated the NorCal Carpenters Union is proud to have an integral part in the building of the life
science industry in Alameda; the union is opposed to Option A; urged Council to adopt Option
B: Joel Toscano, NorCal Carpenters Union.
Stated this item deserves careful consideration; potential consequences, such as a ban on
critical innovation, must be recognized: Joseph Maraspini, NorCal Carpenters Union.
Stated without animal testing, no one would have products that save people from tragic
diseases; animal testing is highly regulated and must be performed in the most humane way
possible; if Council passes the ordinance, it will significantly deter other life science companies
from locating in Alameda: Adam Elsesser, Penumbra.
Stated progress has been made on alternative testing methods to reduce testing on animals;
hopefully one day animal testing will be eliminated and replaced with alternative models, but
that is not the case yet; restricting animal testing on City owned and controlled property will
send the message that the biotech community is not welcome: Brian Warren, Biotechnology
Innovation Organization.
Stated PETA is thankful Council is considering a ban on animal testing and experimentation;
expressed support for Option A: Amanda Schemkes, People for the Ethical Treatment of
Animals (PETA).
Stated the Coalition is supportive of a nuanced approach to the proposed animal testing
prohibition; expressed support for Option B: Alex Khan, California Chronic Care Coalition.
Stated in disease research, the use of animals is failing to develop suitable treatments for
human patients; allowing animal experiments on public property would endorse a poorly
regulated and antiquated system; expressed support for Option A: Zoe Novic, Greener by
Default.
Stated the health industry supports replacing animals used in experiments as long as other
alternatives are available; while working to reduce the need for animal testing, some amount will
always be required by federal agencies: Amanda Hagan, Animal Health Institute (AHI).
Expressed support for Option A; spoke about past negative experiences as a former primate lab
worker: Maddie Krasno.
Stated Alameda can take a step forward and ban animal abuse on City property; there is a lot of
suffering in animal research; expressed support for Option A: Geralyn Gilseth, Alameda.
Submitted a letter; stated there are potential public health issues surrounding animal testing;
expressed support for Option A: Reyla Graber, Alameda.
Urged Council to ban animal research on City owned property; expressed support for Option A:
Regular Meeting
Alameda City Council
April 16,2024 5
Janet Davis, Alameda.
Stated the citizens of Alameda have made it clear they want Option A; he does not agree with
those who are in favor of animal testing; expressed support for Option A: Tod Hickman.
Stated constituents working in labs are not working on cosmetics, but rather lifesaving therapies
that millions of patients rely on; provided examples of vaccines and medicines that have been
created to help and save people; stated although new technologies have emerged, it does not
work in every instance: Aracely Campa Ramirez, California Life Sciences Association.
Urged Council to support Option A; stated more effective drugs and treatments are needed for
patients; animal experiments are failing; provided examples when animal testing has failed
vastly during human trials: Elaine Carlitz, Walnut Creek.
Stated researchers take the role of animals in medical research very seriously and are actively
searching for means to reduce or replace animals; Urged Council to support Option B: Amanda
Banks, California Biomedical Research Association.
Expressed concern about the ordinance impacting life science business's ability to operate in
Alameda: Madlen Saddik, Chamber of Commerce.
Expressed support for Option A: Diana Navon, Better Science Campaign.
Stated the people of Alameda do not want animal testing on City property; animal testing does
not work; urged Council to vote for Option A: Shelby Sheehan.
Stated Alameda should be led by its morals, not by its economy; urged Council to vote for
Option A; stated people have a moral duty to treat all living things as best as we can: Richard
Schwartz.
Councilmember Herrera Spencer stated a speaker mentioned those against the ban are related
to the industry and are profiting from animal testing; she is proud to have brought the referral
along Councilmember Vella because she was unaware animal experimentation was happening
in Alameda until Science Corp came to Council; her request is to ban animal testing on City
property; businesses and the upcoming performing arts center at Alameda Point more than
likely would not want adjacent lab conducting animal experimentation; if work has to be done, it
has to be attached to a public university, as that is where the California Public Records Act
applies so people can have transparency; if companies are proud, work should be prideful and
shared with the public; expressed support for Option A.
Councilmember Vella stated the referral specifically looked at City owned property at Alameda
Point; she submitted an alternative; there are many conversations around the morality of animal
testing, but there is a federal requirement; in order to bring products, both medical and in the life
sciences field specifically, the Food and Drug Administration (FDA) requires a certain amount of
testing; Councilmembers can individually take action and lobby the FDA; expressed support for
Option B.
Vice Mayor Daysog stated Alamedans understand that adopting Option A does not end animal
testing on the Island, but rather ends it on City owned properties, mainly on Alameda Point;
residents understand Option A is a modest compromise to limit, but not end, animal testing in
Regular Meeting
Alameda City Council
April 16,2024 6
Alameda; expressed support for Option A.
Councilmember Vella stated that she previously asked to have a meeting at the Enterprise
District so Council can have a tour and address what should be in the space; moving forward, in
the event there is a focus on a strategic plan around bringing life sciences to the area, similar to
what was done for cannabis, she would like to consider flagging or setting aside a portion to go
towards Friends of the Alameda Animal Shelter (FAAS) contracts or similar things; there is an
overarching policy and the City needs to pay for infrastructure at Alameda Point.
Councilmember Jensen stated in 2018, Council approved an Economic Development Strategic
Plan, which intended to serve as a roadmap for business attraction retention and workforce
development activities; Council at the time determined the life science business sector was the
number one most critical business sector for the future; inquired if Councilmember Herrera
Spencer, the Mayor at the time, was aware of animal experimentation and if it would have
influenced her decision; questioned whether the proposed ordinance is a reaction against a
specific company led by an individual who received a lot of bad publicity; stated in previous jobs,
she found the federal government, universities, and the research community to be relatively
responsible in terms of drug developing and testing; she does not think either option will impact
animal testing, but instead will impact whether life science companies conduct research in
Alameda.
Councilmember Herrera Spencer clarified she is not asking for a Citywide, but rather on City
owned property.
Councilmember Herrera Spencer moved approval of Option A.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Vella stated that she is not looking at a Citywide ban; she is
not trying to discourage life science companies from coming to Alameda; encouraged people to
engage with life sciences and talk with the FDA about the requirements that are in place and
going beyond that, if desired; expressed support for Option B.
On the call for the question, the motion failed by the following voice vote: Ayes:
Councilmembers Daysog and Herrera Spencer — 2. Noes: Councilmembers Jensen, Vella and
Mayor Ezzy Ashcraft—3.
Councilmember Vella moved approval of Option B.
Mayor Ezzy Ashcraft stated on January 16th, the City Manager asked Council to give direction
on the animal testing policy; at the time, Councilmember Vella raised a concern based on past
experiences where she felt that staff did not follow direction; direction could have been given
that every lease or sale made at Alameda Point include the Option B language; when Council
gives direction to staff, there must be a way to document it in order to be able to look back;
proposed the motion to adopt Option B direct that language be included in all leases or any
documentation related to property transaction for property owned or controlled by the City.
Councilmember Vella provided examples when Council provided direction to staff relative to
contracts; language was not included in the contract and issues later occurred ; it is much
clearer to codify things so everyone is aware, nothing is missed and staff would not have to look
Regular Meeting
Alameda City Council
April 16,2024 7
to add language contract by contract; staff changes over time and sometimes directives can be
lost; moving forward, it is important to have language included in a statute.
Mayor Ezzy Ashcraft inquired whether Councilmember Vella is looking for clarity of the direction
and if that would be best captured in an ordinance, to which Councilmember Vella responded in
the affirmative; stated an ordinance is enforceable and staff will not have to remember language
for every contract.
Councilmember Jensen stated the initial referral proposed prohibiting animal testing and
experimentation on property owned and controlled by the City, however, Option B allows for
animal testing on the sites; inquired what is the benefit of Option B.
Councilmember Vella responded Option B specifically defines what sort of testing would be
permissible and must be in alignment with approval for FDA.
Councilmember Jensen inquired whether there is any potential for animal testing that would not
be regulated by the FDA; inquired whether research projects under the auspices or approved
through a federal government grant are the only ones allowed.
The Assistant City Attorney responded in the affirmative; stated that he envisioned a permitting
process or other federal oversight process requiring the FDA to give a stamp of approval.
In response to Councilmember Jensen inquiry's about Penumbra, the Assistant City Attorney
stated he presumes Penumbra would fall under the umbrella because the medical research and
therapies require a certain amount of federal approval, which would fall under the exception in
Option B.
Councilmember Jensen stated, for the most part, all medical devices and medications being
developed by Penumbra or other companies are intended to be used medically and are
approved by the FDA; she would expect any company in Alameda conducting any kind of
animal research and testing anticipate a U.S. Department of Agriculture (USDA), FDA, and
Environmental Protection Agency (EPA) regulatory filings or if not, companies would be shut
down by regulators; she will not be supporting either option.
Councilmember Vella stated cosmetic testing and others, for example, are not necessarily
subject to regulation; Option B is a more nuanced approach; she is unsure why one would not
want to set the standard in Option B, which still allows life sciences to operate within the
guidelines of federal regulatory standards.
Councilmember Jensen stated that she would support Option B with amendment to the second
part of the first sentence and getting rid of the enterprise language.
Mayor Ezzy Ashcraft inquired whether there is a desire to extend beyond the enterprise zone.
The City Manager responded staff is taking direction from Council; if taken out, the ordinance
would not restrict the area for life science companies; stated animal testing would be allowed in
all our properties as long as the comply complies with the provision.
Mayor Ezzy Ashcraft inquired if Councilmember Jensen would second the motion if it were
amended to remove restriction of the enterprise district, to which Councilmember Jensen
Regular Meeting
Alameda City Council
April 16,2024 8
responded in the affirmative.
Councilmember Vella amended the motion to remove the restriction to the enterprise district.
Councilmember Jensen seconded the motion.
Under discussion, Vice Mayor Daysog inquired whether staff knew how Alameda would regulate
animal testing or experimentation done as part of this USDA, EPA, and other agencies approval
regulatory filings.
***
Mayor Ezzy Ashcraft called a recess at 9:12 p.m. and reconvened the meeting at 9:20 p.m.
***
Vice Mayor Daysog inquired if adopted, would Science Corp be allowed to conduct research at
Alameda Point; stated the issue was brought to Council because of Science Corp in the first
place.
The Assistant City Attorney responded in the affirmative; stated the phrase is very broad and
includes the language related to: "anticipated or actual animal testing or experimentation;"
theoretically, any type of scientific research use would ultimately require some sort of federal
approval and therefore would be authorized by the Option B language.
Vice Mayor Daysog inquired whether four votes would be required for a City owned property to
be leased or sold, even if the ordinance were adopted, to which the Assistant City Attorney
responded in the affirmative.
Councilmember Vella clarified Council asked and Science Corp refused to add the limiting
language to the lease.
Mayor Ezzy Ashcraft inquired whether the language would be added to leases as further
direction.
The City Attorney responded it is not included in the current motion, but Council could direct
staff to add the language to future leases if it so desires.
The City Manager stated there is no problem adding the language to leases, however there is a
provision stating any tenant must comply with all federal, state, and local laws; if the ordinance
is a local law, tenants would be required to comply.
Councilmember Herrera Spencer proposed an amendment to the motion to limit any animal
testing to only mice and rats.
Councilmember Vella inquired whether that is the extent of what is required under the federal
standards; stated that she does not believe it is; the FDA is currently considering something and
people can certainly advocate with the FDA.
***
(24-233) Councilmember Herrera Spencer moved approval of adding an additional two minutes
to everyone's time.
Regular Meeting
Alameda City Council
April 16,2024 9
Councilmember Jensen seconded the motion.
On the call for the question, the motion carried by unanimous voice vote - 5.
***
Councilmember Jensen stated that she does not accept the amendment; having the ordinance
in place will provide a platform for any future extension or expansion of provisions, but there
should be a starting point right now.
Councilmember Herrera Spencer proposed an amendment to the motion to exclude non-human
primates, meaning pigs, dogs, and cats.
Mayor Ezzy Ashcraft stated she that will not support amendments.
Councilmember Vella stated that she is fine with the language as is; encouraged everyone to
advocate with the regulatory agency.
Mayor Ezzy Ashcraft stated the Option B language comes from the leaner legislation, which
went through a lot of vetting and research backing; she is willing to adopt Option B.
The City Attorney stated the phrase: "with exception" should not be struck; the exception is that
animal testing or experimentation may be performed.
Mayor Ezzy Ashcraft stated the staff report makes the point that the life sciences industry is
trying to move toward the 3 Rs; inquired what are the 3 Rs, to which the Base Reuse Manager
stated the 3 Rs stand for reduce, refine, and replace the role of animal testing and research.
Mayor Ezzy Ashcraft inquired if there is a way to incorporate moving towards those principles.
The City Manager responded Council could direct staff to update the legislative agenda to
include advocating for the principles.
Councilmember Herrera Spencer made a friendly amendment to the motion to exclude Spirits
Alley.
Councilmember Vella stated that she would not accept the amendment to the motion.
Vice Mayor Daysog stated Science Corp, or a similar business, would now be allowed under the
language that is being adopted; he feels as though the City is right back where it started; to
reflect resident concerns about animal testing, he believes Option A to be the superior choice;
residents who are concerned about animal testing understand Option A is a modest
compromise to limit, but not end, animal testing in Alameda.
Mayor Ezzy Ashcraft stated Council will continue to vote on all leases on City owned properties;
there is a built-in safeguard.
Councilmember Herrera Spencer stated the life science industry supports campaigns, which is
an issue.
Regular Meeting
Alameda City Council
April 16,2024 1 0
Mayor Ezzy Ashcraft stated the industry also supports lifesaving and life changing medications
and therapeutics, which are used by many to prolong lives; she is in awe of the advances
science has made to improve quality of life for humans and animals alike; there are many
nuances to the issue; she is supportive of Option B with the adjustments.
The City Clerk clarified the motion is to amend Option B and remove the restrictions of the
enterprise districts, as well as give direction to staff to update the legislative agenda to add:
reducing, refining, and replacing animal tests and experimentation.
Councilmember Jensen stated that she conducted an analysis and put together all the
comments and letters Council has received regarding this issue; presented a slide with statistics
showing the issue is not a huge concern of Alameda residents.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft — 3. Noes: Councilmembers Daysog
and Herrera Spencer—2.
CITY MANAGER COMMUNICATIONS
(24-234) The City Manager announced the Portola Music Festival is returning to San Francisco
in September; staff met with event operators and entertainment commission staff to advocate
for making changes and ending earlier; changes were made to the stage orientation and the
event is ending 15 minutes earlier; the commission voted to proceed with the permits; more
information can be found on the City's website; staff continues to make progress on
transportation projects on Clement Avenue and Webster Street; a large segment of the
waterfront trail from the Bay Farm Ferry Terminal to Credence Circle will close from April 19 to
May 10; a development at 1777 Clement Ave currently has moderate-income units and market-
rate rentals available; more information can be found online; the City Attorney's Office is hosting
a fair housing workshop on April 18; the Spring Shindig is on April 20 at the Alameda Point Gym
and Multipurpose Field; a Bike Festival would be April 27 at Love Elementary; information on all
the events can be found on the City's website.
ORAL COMMUNICATIONS, NON-AGENDA
(24-235) Tod Hickman stated that does not agree with the speaking time given to the Mayor, as
he believes she is given more time than others; expressed disappointment with how Council
operates; stated that he believes the public should be able to call out staff.
Mayor Ezzy Ashcraft called a recess at 9:44 p.m. and reconvened the meeting at 9:45 p.m.
***
Mayor Ezzy Ashcraft stated public comment is not directed, nor is it a dialogue.
Councilmember Herrera Spencer inquired whether or not public speakers have broad range in
regard to what they are speaking to and what they are and are not allowed to speak on; stated
speakers have a first amendment right to speak.
The City Attorney responded the public generally has wide latitude, however, the public
comment cannot operate in a way that interferes with the operations of the meeting.
Regular Meeting
Alameda City Council
April 16,2024 11
Councilmember Herrera Spencer stated the speaker has the right to criticize anybody under his
first amendment rights.
***
Mayor Ezzy Ashcraft called a recess at 9:45 p.m. and reconvened the meeting at 9:52 p.m.
***
The City Attorney stated public commenters generally have wide latitude, however, comments
cannot amount to an actual disruption of the meeting; when there is an actual disruption, the
presiding officer can regain control of the meeting and admonish public speakers to restore
order.
Tod Hickman stated that he continues to be cut off; he disagrees with current and previous
business dealings; the public has a wide latitude in free speech.
COUNCIL REFERRALS
(24-236) Consider Providing Direction to Add a Charter Amendment Measure to the November
2024 Ballot to Amend Section 3-10 Pertaining to Leases. (Councilmember Jensen)
Councilmember Jensen gave a brief presentation.
Mayor Ezzy Ashcraft inquired whether the request if for staff to look into the proposal and bring
the matter back to Council, to which Councilmember Jensen responded in the affirmative; stated
a Charter amendment would be required to be placed on the ballot.
Vice Mayor Daysog stated that he supports Councilmembers right to exercise and bring forward
items for public comment; mentioned former Mayor Godfrey became a Councilmember and later
Mayor because of a controversy; he is unsure whether the four vote change was part of that but
he believes it might have been; the four vote requirement on leasing city-owned property or
selling City owned property has safeguarded Alameda.
Councilmember Herrera Spencer stated she that will not be supporting the referral; the policy
regarding how many votes are needed to buy or lease property has served the City well.
Councilmember Jensen moved approval of the referral.
Councilmember Vella seconded the motion.
Under discussion, the City Attorney requested clarification of the motion; inquired whether the
motion is for staff to bring back the Charter language to send to the voters to change from super
majority to simple majority.
Councilmember Jensen responded that she would like to receive history and institutional
knowledge about the super majority requirement and later discuss and determine whether a
Charter amendment would be effective and appropriate.
Mayor Ezzy Ashcraft stated placing something on the November ballot would take time; inquired
if it would be staff preference to bring draft language for Council to consider.
Regular Meeting
Alameda City Council
April 16,2024 1 2
The City Clerk stated the second meeting in July is the last time Council can vote to put any
measure on the November ballot; there is not much time to bring back the matter twice.
The City Manager stated information, options and language could be brought back to give
Council maximum flexibility; if Council decides it is not ready, the matter may be continued to
that second July meeting.
Vice Mayor Daysog clarified Mayor Godfrey became a Councilmember on the reform ticket and
was there to solve the problem.
Councilmember Jensen stated that she appreciates institutional knowledge and would like to
learn more.
Mayor Ezzy Ashcraft stated staff will have to put together draft language for a ballot measure.
The City Attorney stated the City Clerk and Attorney staff can put together the ballot language; if
Council is asking for City Manager staff to provide additional policy information, it would be a
slightly different staff report; he would like to understand what kind of information is being
sought.
Mayor Ezzy Ashcraft stated knowing Alameda is the only city in the Bay Area with the
requirement is informative; complications come out of needing four votes; the voters can decide.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft — 4. Noes: Councilmember
Herrera Spencer— 1.
(24-237) Consider Providing Direction to Review the Investment Policy, including Ensuring
Socially Responsible Investments. (Councilmember Jensen)
Councilmember Jensen gave a brief presentation.
Mayor Ezzy Ashcraft inquired if examples could be provided of what would and would not be
socially responsible investments.
Councilmember Jensen responded the current policy has an investment policy that states based
on the City's needs or support from Alameda residents, the City will not make investments in
companies that receive over 51% of their profits from the manufacturing or production of
alcohol, guns, and tobacco.
Mayor Ezzy Ashcraft inquired how Councilmember Jensen would like to expand the policy.
Councilmember Jensen responded that she does not wish to amend or end it, but rather she
wants to ensure it is being complied with; stated that she does not believe the section on alcohol
is being complied with; the City is investing in alcohol so it should perhaps be removed from the
investment policy; she has heard from constituents that they are not supportive of the City
investing in weapons being used to fight wars in other countries; the policy could include
companies involved with weapons being used to fight wars in other countries, and drugs
causing medical and health issues and being abused throughout the country, amongst others.
Regular Meeting
Alameda City Council
April 16,2024 13
Councilmember Vella inquired how it relates to investments in portfolios, such as Standard &
Poors (S&P) or mutual funds; stated typically, there is a report from the Treasurer and Finance
Director; inquired whether the direction is to have present the report.
Councilmember Jensen responded that she is primarily looking at Section 3E which establishes
that the City will not invest in companies that manufacture or produce alcohol; stated companies
at Alameda Point are involved in manufacturing alcohol; companies currently being invested in
may be benefitting and profiting from weapons of war; the City and tax-paying residents should
determine whether the complaint should be part of the investment portfolio; she does not want
to change mutual funds.
Mayor Ezzy Ashcraft stated that she would like to ensure the distinction is being made between
investment policies and tenants at Alameda Point; when the investment policy is reviewed,
Council chooses investments.
Expressed concern regarding the investment policy and the alcohol clause; discussed Spirits
Alley: Tod Hickman.
Stated the City should have a socially responsible policy and the public should be review:
Shelby Sheehan.
Councilmember Herrera Spencer stated a good next step would be to ask the Treasurer and
Finance Director to make a presentation about the current policy, how investments work and
take Council and public questions to then decide whether the policy should be revisited.
Councilmember Herrera Spencer moved approval of inviting the Treasurer and Finance Director
to make a presentation about the current policy and investments so Council may decide
whether the policy should be brought back.
The City Manager inquired whether the item is urgent; stated if not, her request would be for the
item to be brought back in September since staff currently has a heavy workload.
***
(24-238) Councilmember Herrera Spencer moved approval of giving Councilmember Jensen an
additional 30 seconds.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
***
Councilmember Jensen stated that she would like to learn about how the policy was established
and whether it is being complied with; she is meeting with the Treasurer soon; regarding the
urgency, she has heard from the community, especially AFF4C, that they are interested in
moving this forward more quickly.
Councilmember Vella stated presentations are annual; inquired when the meeting for the status
of the investments occurs; stated one option would be to include what occurs regularly and ask
for additional information and a presentation ahead of it; perhaps it will be a separate item at the
same meeting that immediately precedes the annual item; an executive summary of some of the
investments could be provided; expressed concern with the language as she does want to make
Regular Meeting
Alameda City Council
April 16,2024 14
a bold statement by passing a policy that cannot then be executed for many reasons; stated as
a second option, there is enough time to have information provided about investment policies
sometime in the fall.
Mayor Ezzy Ashcraft inquired if Council could be provided with a list of investments, which may
be helpful information.
The City Manager responded in the affirmative.
Councilmember Herrera Spencer stated that she would support what was proposed by
Councilmember Vella; inquired when the report would come to Council.
The City Manager responded typically, it is conducted annually; stated it could be made into a
separate item or they can also have two items in one staff report.
The City Clerk stated it was presented in September of last year.
Councilmember Herrera Spencer amended her motion to have the Treasurer and Finance
Director present information on the investment policy and provide an executive summary in
September.
The City Manager stated staff can share information on the portfolio as quickly as possible, as
that is all public information.
Councilmember Vella seconded the motion.
Under discussion, Vice Mayor Daysog stated he supports all Council Referral requests and will
support this item; if the heart of the matter is the subject of whether to continue investing,
directly or indirectly, in the State of Israel, he has concerns, but will refrain until the item is
brought back.
On the call for the question, the motion carried by unanimous voice vote - 5.
COUNCIL COMMUNICATIONS
(24-239) Councilmember Herrera Spencer stated she attended a meeting held by the Chamber
of Commerce; the West Alameda Business Association honored Linda Asbury who recently
retired from the Director position; she attended the Women of Public Safety event; the
encouraged everyone look into concerns about spraying on the USS Hornet; stated sprays are
being halted at this time; future sprays should be stopped until there is more research; spraying
exceeds the license and should come to Council to determine how to proceed.
(24-240) Mayor Ezzy Ashcraft stated that she visited a second-grade class in St. Philip Neri and
attended an event on a Seaplane Lagoon ferry for the green transition to zero emission ferries.
(24-241) Councilmember Jensen stated, in a recent trip to Spain, she was very impressed with
the universal compliance with traffic laws and traffic signals; she looks forward to seeing some
of the ideas in Alameda with the pending development of bicycle boulevards and roundabouts.
(24-242) Mayor's Nominations for the Mayor's Economic Development Advisory Panel.
Regular Meeting
Alameda City Council
April 16,2024 15
Mayor Ezzy Ashcraft nominated Mark Cuyler, Matt Kreutz, Becca Perata, Sharine Thenard and
Joe Ernst.
Councilmember Herrera Spencer inquired if Matt Kreutz is with Firebrand, to which Mayor Ezzy
Ashcraft responded in the affirmative.
Councilmember Herrera Spencer inquired about litigation regarding paying employees, to which
Mayor Ezzy Ashcraft responded she and staff met with Mr. Kreutz before the Mayor's
Conference in February.
Expressed support for nominees Becca Perata and Sharine Thenard; stated that does not
support the rest of the nominees; he does not support Firebrand and Saildrone: Tod Hickman.
Stated that she does not support nominee, Joe Ernst; a public benefit company is not the same
as a non-profit: Shelby Sheehan.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:41 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Regular Meeting
Alameda City Council
April 16,2024 16