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2016-12-20 Regular CC MinutesRegular Meeting Alameda City Council December 20, 2016 MINUTES FOR THE REGULAR CITY COUNCIL MEETING TUESDAY- -DECEMBER 20, 2016- -7:00 P.M. Mayor Spencer convened the meeting at 7:13 p.m. ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer – 5. Absent: None. RESOLUTION ACKNOWLEDING SERVICE AND FAREWELL COMMENTS (16-669) Resolution No. 15218, “Adoption of Resolution Commending Tony Daysog for Fourteen Years of Service to the City of Alameda as Councilmember.” Adopted. Vice Mayor Matarrese moved adoption of the resolution. Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. Mayor Spencer read the resolution and presented it to Councilmember Daysog. Thanked Councilmember Daysog for his years of service : Carrie Monks, Alameda; Brian Schumacher, Alameda; Kurt Peterson, Alameda; Ken Peterson, Alameda; Jim Sweeney, Alameda; Dan Tuazon, Alameda; and former Councilmember Lil Arnerich, Alameda. Councilmember Oddie made brief comments and presented a Resolution on be half of Assemblymember Rob Bonta. Vice Mayor Matarrese, Councilmember Ezzy Ashcraft, the City Manager and Mayor Spencer made brief comments. Councilmember Daysog made brief comments. *** Mayor Spencer called a recess at 7:49 p.m. and reconvened the meeting at 8:01 p.m. *** INSTALLATION (16-670) The Honorable Judge Delbert Gee administered the Oaths of Office to Councilmembers Vella and Ezzy Ashcraft, the Treasurer and the Auditor. ROLL CALL - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer – 5. Regular Meeting Alameda City Council December 20, 2016 Absent: None. CONSIDERATION OF APPOINTMENT OF VICE MAYOR (16-671) Councilmember Oddie moved approval of Councilmember Vella serving as Vice Mayor. Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. COMMENTS BY NEW COUNCIL (16-672) Councilmember Ezzy Ashcraft, Vice Mayor Vella, Treasurer Kennedy and Auditor Kearney made brief comments. Mayor Spencer made brief comments. AGENDA CHANGES Following a brief discussion about agenda changes , Mayor Spencer called for a recess at 8:25 p.m. and reconvened the meeting at 8:33 p.m. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (16-673) Mayor Spencer stated the City of Alameda is part of the Everyone Belongs Here Campaign; the Social Services Human Relations Board (SSHRB) requested a joint meeting with Council in early 2017 to discuss and implement ideas from a SSHRB meeting. The City Manager stated the Alameda Police Department (APD) has an internal policy that APD does not cooperate with US Immigration and Customs Enforcement (ICE) to deport undocumented citizens pulled over for a traffic stop; Alameda is proactively working to protect its citizens; if someone commits a crime, they will be treated as any other citizen, regardless if they are documented or undocumented. Mayor Spencer stated the APD policy number is 428 for anyone who wants a copy. ORAL COMMUNICATIONS, NON-AGENDA (16-674) Philip James suggested finding ways to hire part time or full time staff members for each member of City Council to assist them in making the decisions. *** Mayor Spencer called a recess 8:25 p.m. to reconvene the special meeting and reconvened the regular meeting at 9:15 p.m. *** Regular Meeting Alameda City Council December 20, 2016 CONSENT CALENDAR None. REGULAR AGENDA ITEMS None. CITY MANAGER COMMUNICATIONS (16-675) The City Manager welcomed the new and returning Councilmembers; stated at the December 6th meeting, Council directed staff to revise the Rent Stabilization Request for Proposals (RFP) and staff has issued an addendum to the RFP. ORAL COMMUNICATIONS, NON-AGENDA (16-676) Erik Strimling, Alameda Renters Coalition, stated he has been receiving phone calls from people being evicted in Alameda; stated if the eviction moratorium had passed, the residents would be in a better situation. Mayor Spencer inquired what residents should do in the situation. The City Manager responded the Housing Authority and the City Attorney can meet with people individually. COUNCIL REFERRALS (16-677) Consider Directing Staff to Provide an Update on the Negotiations Between the City and the Friends of the Alameda Animal Shelter (FAAS) as Soon as Possible. (Mayor Spencer) Mayor Spencer made brief comments regarding her referral. Councilmember Ezzy Ashcraft stated the Council referral is confusing because the process is currently in motion. The City Manager stated the process is currently in motion based on Council direction given when the last referral was addressed; the City has been in negotiations and hired a consultant with expertise in animal a nd shelter care; staff is still working on obtaining information and is eager to move forward and protect the animals. Mayor Spencer stated she is requesting to hear back from staff; it is important for Council to make a determination prior to March 1 st; staff should report back to Council with an update no later than the first meeting in February to allow Council to decide how to proceed. Regular Meeting Alameda City Council December 20, 2016 Vice Mayor Vella inquired whether there is a plan to meet with the consultant and FAAS in the future. The City Manager responded as soon as all the information is collected, staff will meet with them. Councilmember Oddie stated that he trusts staff is doing its due diligence. Mayor Spencer stated it is critical to hear back from staff sooner rather than later ; she is hopeful that staff will be able to make long term arrangements. (16-678) Consider Directing Staff to Draft and Return to Council: 1) an Analysis of Declaring Alameda a Sanctuary City; 2) a Policy Refusing to Honor Mandates Regarding Mass Arrests or Internments; 3) a Policy Refusing to Register Individuals Based on Their Religious Beliefs; and 4) a Resolution Reaffirming the City’s Commitment to Lesbian Gay Bisexual and Transgender (LGBT) Rights, Religious Freedoms, and Racial, Social, and Economic Justice. (Councilmember Oddie). Councilmember Oddie made brief comments regarding his referral. Stated the Sanctuary City policy is illegal and putting people in danger: Brian Kennedy, Alameda. Stated that she is opposed to illegal immigration; Sanctuary Cities make it unfair for the people who go through legal immigration; urged Council to not declare Alameda a Sanctuary City: Dora Calhoun, Alameda. Stated Alameda is very diverse and integrated; many individuals could be treated unfairly and be affected by not implementing a Sanctuary City policy: Philip James. Stated making Alameda a Sanctuary City is wrong; the policy will protect hardened criminals: Dan Westerlin, Alameda. Stated that he does not support being a Sanctuary City; urged Council to focus on local issues and not Sanctuary Cities: David Greene, Alameda. Stated that he moved to Alameda because of the diversity; diversity allows for growth; the idea that everyone who is illegal is a criminal is not true: Bennett Brickner, Alameda. Stated having a Sanctuary City policy in Alameda will allow renters to not be afraid to approach the Rent Review Advisory Committee if they are undocumented: Angela Hockabout, Alameda Renters Coalition. Stated that she is in support of the proposal; being a Sanctuary City fights back against hate; Alameda needs to show that everyone is supported and valued: Sarah Oddie, Regular Meeting Alameda City Council December 20, 2016 Alameda. Stated a Sanctuary City policy opens doors for undocumented workers; he cannot find work because of the lower wages of undocumented workers: Scot Sertic, Alameda. Stated that he supports being a Sanctuary City; immigrants are the foundation for the technology companies which are influencing the world: Humza Khan, Alameda. Stated that she is in favor of being a Sanctuary City; she lives in Alameda because of its diversity and inclusiveness; urged Council to support the proposal: Cheri Johansen, Alameda Progressives. Stated that he strongly supports being a Sanctuary City: Justin Vidanes, Islamic Center of Alameda. Submitted information; stated that she supports Alameda strengthening its commitment to immigrants through a sanctuary resolution; it is important for Alameda to be a model: Lillian Galedo, Filipino Advocates for Justice. Stated that she strongly supports making Alameda a Sanctuary City; children are afraid for their families; Alameda is very diverse and all individuals should feel welcome : Kristen W elch. Stated that he strongly supports being a Sanctuary City and having a racially diverse community with economic justice; urged Council to move forward proactively and protect vulnerable communities; stated the immigrants he helps are not criminals, they are simply trying to make a living: Reverend Michael Yoshii, Buena Vista United Methodist Church. Stated that she loves the diverse community of Alameda; a lot of people in Alameda are afraid to come forward or report anything because of their immigration status; urged Council to be proactive: Danielle Mieler, Alameda. Stated that she strongly supports being a Sanctuary City; urged Council to do the right thing and protect everyone: Alison Greene, Alameda. Stated that she supports being a Sanctuary City; the nation is one of immigrants; she loves the diversity of Alameda: Debra Arbuckle, Alameda. Stated a Sanctuary City policy is needed in Alameda; urged Council to support the proposal: Austin Tam, Alameda. Stated that he supports being a Sanctuary City; the opposition is spouting prejudice: Dan Wood, Alameda. Vice Mayor Vella stated that she hears the concerns about the workforce and the Regular Meeting Alameda City Council December 20, 2016 economy; the Council works to ensure there is job development; saying Everyone Belongs Here is not enough; the City needs to reassure everyone that it has taken steps to be prepared for what could come; she supports being a Sanctuary City. Councilmember Ezzy Ashcraft stated that she spoke with the Police Chief about the current policies; she cannot support a policy that protects violent criminals; the Police Chief is knowledgeable about State law regarding the issue; Alameda’s current policies should be clarified; she supports directing staff to analyze the matter. Councilmember Matarrese stated that he would like to move forward with the referral; the City policy should include that the Police Department ensures violent criminals are not set loose and should uphold the Constitution, which states: “probable cause and equal protection under the law is the right under all persons in the United States;” the Constitution does not say citizens, it says all persons; he would like an analysis of the financial impact. Mayor Spencer stated the Charter includes the Social Service Human Relations Board (SSHRB) as part of the process; the Board held a special meeting on November 29th to discuss the issue; she would like to include the points requested by SSHRB and set up a joint meeting with SSHRB in early 2017. Councilmember Oddie stated the San Francisco resolution is a model, not a cut and paste solution; he supports the SSHRB working on the resolution; he agrees with making sure that violent criminals are not released. Councilmember Ezzy Ashcraft stated the SSHRB meeting does not preclude what is being asked in the referral; she would like to include the direction Councilmember Matarrese listed. Councilmember Matarrese stated there will be more meetings regarding the subject; he would like a commitment from staff that if something comes up , the public and Council will be notified so that Council can make a decision; he would like the referral to go forward. The City Manager stated staff is committed to informing Council and the public; both the Council and public will be notified if there is anything questionable asked of the City from the federal government; one option is to reconfirm the existing Police policies and add other sections or more time can be spent with public input to work out the details. Councilmember Matarrese moved approval of supporting the Council referral with direction to staff to return to Council with the four points listed, acknowledging and accepting the commitment from the City Manager that constitutionally questionable requests from the federal government will be reported to the Council for public discussion. Councilmember Matarrese inquired whether staff would report back to Council, to which Regular Meeting Alameda City Council December 20, 2016 the City Manager responded in the affirmative. Councilmember Matarrese stated the motion also includes Council adoption of the policy that the Police Department has put together as a part of its policy. Vice Mayor Vella inquired what would constitute a questionable request and whether request for private or personal information would be included. The City Manager responded private information is not given out. Councilmember Oddie seconded the motion with a request to amend the motion to have the first three items to be done prior to January 20, 2017. Under discussion, Councilmember Matarrese stated Council would receive a report about requests from the government to allow Council to act immediately. The City Manager stated in order to have the issue heard on January 17th, it has to be written in the next two days; staff will do whatever possible; the analysis will not be very deep; legal review would also be needed. Councilmember Matarrese stated that he would like the process done right; if something happens while the details are being figured out, it can be addressed immediately and the process can continue. Councilmember Ezzy Ashcraft stated the issue should come back the first meeting in February to allow staff to conduct a quality analysis. Mayor Spencer stated that she agrees with Councilmember Ezzy Ashcraft; noted she has to leave the January 17th meeting early because she will be attending the US Conference of Mayors; it is important to include the SSHRB as stated in the Charter. *** (16-679) Mayor Spencer stated a motion is needed to continue past 11:00 p.m. Councilmember Matarrese moved approval of continuing the meeting. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. *** Councilmember Oddie stated the grants the City receives are not at risk; only Police grants, which the City does not receive, are at risk; he does not want to be in a position where there is an order from the federal government to register Muslims with no policy in place to protect them. Councilmember Matarrese stated if there was an order to register Muslims, a special Regular Meeting Alameda City Council December 20, 2016 Council meeting would be called to address the issue immediately, which is why he asked staff to commit to reporting such requests to Council. Vice Mayor Vella inquired whether the intention is to have the matter heard the first meeting in February or once research has been completed. Councilmember Matarrese responded that he would defer to staff about when the process could be practically done and properly noticed according to the Sunshine Ordinance. Vice Mayor Vella stated should would like the matter to be a top priority. Councilmember Ezzy Ashcraft stated the first meeting in February will give staff adequate time. The City Manager stated the first meeting in February is sufficient; if Council would like a joint meeting with SSHRB, it can be held the last week of January. Councilmember Ezzy Ashcraft stated Council would like to see an end product. The City Manager stated staff will strive for the first week in February. Councilmember Oddie stated that he appreciates SSHRB contribution, but Police policy is the purview of Council. In response to Mayor Spencer’s inquiry regarding the Police policy, the City Manager stated Policy 428 is an Administrative Policy done at the staff level; Council could adopt a resolution for the policy to be the purview of the City Council. Councilmember Oddie inquired whether the SSHRB makes Police policy, to which the City Manager responded in the negative. Mayor Spencer inquired whether the motion is to have the matter heard on January 17th or February 7th. Councilmember Matarrese responded the motion does not have a specific date; stated the City Manager indicated she will be as quick as possible while being thorough. The City Clerk repeated the motion. Mayor Spencer stated the matter is a referral; Council is directing staff to come back to allow Council to make a decision on the merits of the issue; the Council is not making a decision on the issue tonight; people will have an opportunity to speak at the next meeting. Councilmember Oddie stated that he hopes a resolution will come back for a Council Regular Meeting Alameda City Council December 20, 2016 vote. On the call for the question, the motion carried by unanimous vote – 5. COUNCIL COMMUNICATIONS (16-680) Councilmember Ezzy Ashcraft and Mayor Spencer wished everyone Happy Holidays! ADJOURNMENT There being no further business, Mayor Spencer adjourned the meeting at 11:10 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.