Loading...
2015-06-02 Regular CC MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 2, 2015- -7:00 P.M. Mayor Spencer convened the meeting at 7:11 p.m. and led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer – 5. [Note: Councilmember Ezzy Ashcraft arrived at 7:13 p.m.] Absent: None. AGENDA CHANGES None. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (15-358) Proclamation Declaring May 30 through June 7, 2015 as Alameda Elks’ Bike Safety Week. Mayor Spencer read and presented the Proclamation to Dean Seaquist with the Alameda Elks. Mr. Seaquist made brief comments. ORAL COMMUNICATIONS, NON-AGENDA (15-359) Gretchen Lipow, Alameda, submitted information; urged providing Senior Housing at Alameda Point, which generates less traffic; expressed concern over CalTrans’ seismic standards. (15-360) Jim Heggar, Alameda, expressed concern over lighting. Mayor Spencer requested staff to review issue; stated the project might not have had permits. (15-361) Michael John Torrey, Alameda, announced the upcoming Relay for Life Event and Armature Radio Club Field Day Event. (15-362) Ken Peterson, Alameda, expressed concern over juvenile justifications be used at Council meetings. CONSENT CALENDAR Councilmember Ezzy Ashcraft moved approval of the Consent Calendar. Regular Meeting Alameda City Council June 2, 2015 Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*15-363) Minutes of the Special and Regular City Council Meeting Held on May 5, 2015; and the Special City Council Meeting Held on May 6, 2015. Approved. (*15-364) Ratified bills in the amount of $1,771,504.10. (*15-365) Recommendation to Approve the Agreement between the Housing Authority and the City of Alameda to Provide Housing Services for the City and Additional Policing Services for the Housing Authority and Authorize the Interim City Manager to Execute the Agreement. Accepted. (*15-366) Resolution No. 15048, “Amending the Alameda Municipal Power Unrepresented Management Employees (AMPU) Salary Schedule by Revising the Salary Ranges for the Classifications of Assistant General Manager - Administration, Assistant General Manager - Energy Resources Planning, Assistant General Manager - Customer Resources, and Assistant General Manager - Engineering & Operations.” Adopted. (*15-367) Ordinance No. 3126, “Revising the City’s Sewer Service Charge.” Finally passed. REGULAR AGENDA ITEMS (15-368) Recommendation to Receive Update on City's Water Reduction Plan. *** Councilmember Daysog left the dais at 7:27 p.m. and returned at 7:29 p.m. *** The Management Analyst and Doug Linney, East Bay Municipal Utility District (EBMUD), gave a Power Point presentation. Councilmember Daysog inquired whether businesses receive recognition for outstanding improvement in water use reduction. Mr. Linney responded EBMUD has a program for businesses that discover new ways to save water, and notices are sent to customers for outstanding efforts. In response to Councilmember Ezzy Ashcraft’s inquiry regarding Lincoln Avenue work, Mr. Linney stated Alameda’s main water main runs down Lincoln Avenue; replacement of 60 to 70 year-old pipes on Lincoln Avenue is important to provide greater assurance for reliable water supply in a disaster. Regular Meeting Alameda City Council June 2, 2015 Councilmember Ezzy Ashcraft inquired whether the emergency water supply would be drinking water or to fight fires, to which Mr. Linney responded both drinking water and to fight fires. In response to Councilmember Ezzy Ashcraft’s inquiry, Mr. Linney stated purple pipes are separate pipes with recycled water which is filtered and cleaned; purple pipe water can be used for landscaping but is not potable. Councilmember Ezzy Ashcraft inquired whether purple pipes will be added to newer development. Mr. Linney responded there are no details yet but a master plan could spread the use of recycled water through the District; purple pipes could be used for the landscaping portion of new development. Councilmember Oddie stated that he is encouraged by Alameda citizens’ progress of cutting 14% of water usage; receiving citizen emails to help the fight and be prepared is important; 50% water use is environmental; consumers can make the difference by being vigilant. Mr. Linney concurred with Councilmember Oddie; stated water is not just for residents, it is also for animals, fish, wildlife and to conserve for the future. In response to Mayor Spencer’s inquiry, the Management Analyst stated the 25% water savings has then been translated by EBMUD to 20% of the 2013 baseline; Alameda has achieved the goal and will continue going forward. In response to Mayor Spencer’s inquiry, Mr. Linney stated the overall savings goal is divided by District depending on performance; EBMUD has a 20% goal. Mayor Spencer inquired whether there will there be an increase in cost for the same amount of water. Mr. Linney responded the EBMUD is in the process of adjusting conservation rates to purchase additional water supply and to make up for 80% of the cost to replace and repair pipes. Mayor Spencer requested an estimate of the rate increase and the effective date. Mr. Linney responded the rate increases will start at the end of July, depending when meters are built. Sherrie Hong, EBMUD, noted an 8% rate increase is scheduled for July 1st; there will be a drought surcharge of 25% on volume. Regular Meeting Alameda City Council June 2, 2015 In response to Mayor Spencer’s inquiry regarding the rate increase impact on the budget, the Interim City Manager stated staff received advanced notice and the 25% increase is in the budget. In response to Mayor Spencer’s inquiry, Mr. Linney stated EBMUD did a past-bills comparison during the last drought cycle; a comparison will not be done this drought cycle; the more people save, the less they will be impacted. (15-369) Recommendation to Authorize the Interim City Manager to Negotiate and Execute a Five Year Agreement with Taser International for the Acquisition, Support and Maintenance of 80 Body Worn Digital Video Cameras and a Digital Evidence Management System and Appropriate $424,752.61 from the Police Departments’ Fiscal Year (FY) 2014-15 Budget to Finance the Acquisition. The Police Chief gave a brief presentation. Councilmember Ezzy Ashcraft stated the agreement should not have come to Council without a draft use policy; a full blown forum is not necessary, but the body camera issue is a high profile item; the Council and public want to know what the City is acquiring and how the equipment will be used; the City of San Leandro purchased the same type of equipment and had a use policy; the City of San Jose is simultaneously developing their policy; she appreciates the Police Chief’s offer to bring the use policy back to Council, but does not want to put the cart before the horse; she understands the grant money process and does not want to disadvantage the department, but in order to have her vote, a draft policy needs to come back to Council before the end of the Fiscal Year and before cameras are used in the field. Vice Mayor Matarrese stated the policy should include the use of the camera and access to the data the camera collects; that he would like assurance in writing that the data is stored and protected and Taser International can prove the data is protected. The Police Chief stated the data belongs to the City; Taser is simply holding it; data would be deleted on the City’s schedule based on the retention policy. Vice Mayor Matarrese inquired whether the use policy would include the Freedom of Information or Public Records Act rules, to which the Police Chief responded in the affirmative. In response to Councilmember Oddie’s inquiry, Councilmember Ezzy Ashcraft stated she would prefer not to deploy the equipment until a use policy is brought before the Council by the end of the Fiscal Year. Councilmember Oddie stated it is an issue of civil rights; that he is sympathetic to the timeline to develop policy; there is nationwide debate and policy makers know what is going on; Assembly Bill (AB) 66 would create Statewide standards; keeping the public Regular Meeting Alameda City Council June 2, 2015 safe and protecting the Police Department is important; that he supports the item and will vote to move it forward today. Councilmember Daysog stated Alameda is a safe City because of effective law enforcement; the equipment is practical; that he supports the Police Chief’s position that Alameda needs the equipment to protect citizens and the department. In response to Councilmember Ezzy Ashcraft’s inquiry, the Police Chief stated Alameda will get new cameras if a better camera is available in the 5 year period and if cameras break, they will be replaced. Councilmember Ezzy Ashcraft noted Evidence.com cloud based storage is a subsidiary; stated that she hopes the parameters of what can be done with the data is included in the agreement. The Police Chief stated there is no possibility that the City’s data would be given or disclosed to anyone; the City owns the data and the storage security is military grade; there have not been any data breaches countrywide. In response to Mayor Spencer’s inquiry, the Police Chief stated the use policy will be submitted for Council acceptance when it is ready; the policy could be put on the City website for the public to view; there are no plans to have public meetings similar to the License Plate Readers (LPRs). Mayor Spencer stated that she would like to have an informal process and give the public an opportunity to discuss the issue. Councilmember Ezzy Ashcraft stated the item could come back as a regular agenda item instead of on the consent calendar to allow Council and public input. Councilmember Daysog stated that he supports what the Police Chief thinks is best. Councilmember Ezzy Ashcraft stated the body cameras are an important purchase; the LPRs were different in that there was a lot of concern of infringement of civil liberties since the LPRs are non-discriminating; the American Civil Liberties Union (ACLU) were skeptical of LPRs but support body cameras; that she supports a robust discussion but questioned why the discussion could not happen at a Council meeting. Mayor Spencer stated if Councilmembers are not interested in holding a public forum, she would reach out to other community organizations like Alameda Citizens Taskforce (ACT) to hold a public forum in the library; inquired whether the Police Chief would be interested in addressing the public. Councilmember Oddie stated that he leaves it to the Police Chief’s discretion on how he wants to proceed. Regular Meeting Alameda City Council June 2, 2015 Mayor Spencer commended the Police Chief and officers for attending a County event to improve relations of police and community members; stated that she fully supports funding the item, but that she does want to work on policy. The Police Chief stated having control of the data does not make people feel better about how the data is managed; nothing is hidden; trying to balance privacy and technology, and still instill confidence in the public is a hard conversation. Mayor Spencer inquired whether review is built into the policy, to which the Police Chief responded in the affirmative; stated the LPR policy follows federal and State law; any policy changes would be made to reflect current law. Mayor Spencer inquired whether the Council has ability to review the policy, to which the Police Chief responded in the affirmative; stated former Councilmember Chen requested additional internal policy review for the LPRs; assured Council a similar provision would be included in the use policy on the body cameras. Stated that she questioned the automatic license plate readers, which are indiscriminate and track people’s movement; body cameras differ and do not require as much attention; there should be public disclosure of being filmed and some oversight: Carol Gottstein, Alameda. Councilmember Oddie moved approval of the staff recommendation to authorize the Interim City Manager to negotiate and execute a Five Year Agreement with Taser International for the acquisition, support and maintenance of 80 body worn digital video cameras and a digital evidence management system and appropriate $424,752.61 from the Police Departments’ FY 2014-15 budget to finance the acquisition, with the caveat that it not be deployed until Council reviews the policy before the last meeting in July. Councilmember Ezzy Ashcraft seconded the motion. Under discussion, Mayor Spencer inquired whether Council approves or just reviews the policy. The Interim City Manager responded typically the Police Chief develops the policy for review by the Council. Mayor Spencer stated that she would like Council to approve the policy. The City Attorney stated the policy is operational and the Police Chief has control of his department; Council does not manage or operate the Police Department. Vice Mayor Matarrese inquired whether the Council could vote to not approve the contract if they do not like the policy, to which the City Attorney responded in the affirmative. Regular Meeting Alameda City Council June 2, 2015 On the call for the question, the motion carried by unanimous voice vote – 5. CITY MANAGER COMMUNICATIONS (15-370) The Interim City Manager discussed the City’s progress in meeting regional housing requirements; stated Alameda scored second to last for the period 2007 through 2014; clarified the requirements for an Engineer to approve plans for City projects, including the Shoreline cycle track; discussed Public Works staff qualifications. Councilmember Daysog commended the Public Works Director for his work on the Main Library. Councilmember Ezzy Ashcraft inquired whether the Interim City Manager would clarify the wireless telecommunications facility report [addressed on May 19]. The Interim City Manager stated the Radio Frequency (RF) study for 1777 Shoreline Drive was included in the Engineer’s report, which was included in the staff report. Councilmember Daysog stated the report was 350 pages which included two RF studies for 1801 Shoreline Drive; it was reasonable for him to think the second RF study was the RF study for 1777 Shoreline Drive. Councilmember Oddie commended the Public Works Director. Councilmember Ezzy Ashcraft expressed concern over personal attacks; urged decorum. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (15-371) Councilmember Oddie announced that he attended a Stopwaste.org meeting and would be asking the Council for a position on the plastic bag ban. (15-372) Councilmember Daysog announced that he attend the League of California Cities Easy Bay Division meeting with Mayor Spencer and Councilmember Ezzy Ashcraft at which the City’s Community Development Director gave a presentation. Councilmember Ezzy Ashcraft stated the Community Development Director gave the Walnut Creek Community Development Director a tour of Harbor Bay Business Park to help the renovation process of their old business park. (15-373) Vice Mayor Matarrese stated a delegation from Dumaguete, Philippines would be hosted this weekend. Regular Meeting Alameda City Council June 2, 2015 (15- ) Consideration of Mayor’s Nominations to the Civil Service Board, Commission on Disabilities, Golf Commission, Library Board, Planning Board, Public Art Commission, Public Utilities Board, Recreation and Park Commission, Social Service Human Relations Board, and Transportation Commission; and Mayor’s Appointment to the Rent Review Advisory Committee. Stated that hopes to continue serving on the Transportation Commission: Chris Miley, Alameda. Mayor Spencer made brief comments on the candidates and process; nominated Jan Brandt and Cookie Robles-Wong for appointment to the Civil Service Board; Edward Downing and Ronald Carlson for appointment to the Golf Commission; and Karin Lucas for appointment to the Rent Review Advisory Committee. The City Clerk clarified that the Rent Review Advisory Committee appointment would not return to Council. Mayor Spencer stated members of the public could continue submitting applications. Councilmember Ezzy Ashcraft expressed support for Mr. Miley and encouraged diversity. Councilmember Oddie expressed support for Mr. Miley and urged he be reappointed. Mayor Spencer stated the City has a diverse pool of applicants and that she is working with staff and the community; she welcomes more board and commission applications. ORAL COMMUNICATIONS, NON-AGENDA (15-374) Linda W einstock, discussed the drought and water saving measures that should be implemented in new development and urged implementation of rebates. Mayor Spencer inquired whether staff could look into the matter. The Interim City Manager stated EBMUD has rebates. (15-375) Ken Peterson, Alameda expressed his appreciation for the Police and Fire budget presentations; discussed the amount of money spent on public safety; stated Joe Ernst gave a presentation to the Alameda Citizens Task Force; discussed energy efficiency and clean energy. ADJOURNMENT (15-376) Councilmember Oddie requested the meeting be adjourned in memory of School Board member Neil Tam; made brief comments. Regular Meeting Alameda City Council June 2, 2015 Councilmember Ezzy Ashcraft made brief comments to honor Mr. Tam. Councilmember Daysog extended his condolences to the family and made brief comments. Vice Mayor Matarrese stated it is fitting to adjourn the meeting in Mr. Tam’s memory. Mayor Spencer stated she was honored to serve with Neil Tam on the School Board. There being no further business, Mayor Spencer adjourned the meeting in memory of Mr. Tam at 9:06 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 June 2, 2015