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2020-01-07 Regular CC MinutesRegular Meeting Alameda City Council January 7, 2020 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - JANUARY 7, 2020- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:01 p.m. Councilmember Oddie led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft – 5. Absent: None. AGENDA CHANGES (20-004) The Midway Project [paragraph no. 20-017] and the campaign finance referral [paragraph no. 20-020] were withdrawn from the agenda. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. ORAL COMMUNICATIONS, NON-AGENDA (20-005) Cassandra Caron, The Artist Tree, expressed concern over the rating system used to evaluate cannabis businesses responding to the City’s Request for Proposals (RFP) and the lack of explanation the City has provided. (20-006) Marianne Carter, Alameda Youth Basketball and Alameda Vipers, thanked the Council for lowering proposed fees and discussed upcoming activities. CONSENT CALENDAR The Social Service Human Relations Board work plan [paragraph no. 20-010] was removed from the Consent Calendar for discussion. Councilmember Oddie moved approval of the remainder of the Consent Calendar. Vice Mayor Knox White seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopte d are indicated by an asterisk preceding the paragraph number.] (*20-007) Minutes of the Special and Regular City Council Meetings Held on December 3, 2019. Approved. (*20-008) Ratified bills in the amount of $5,799,075.96. (*20-009) Recommendation to Endorse the Draft Goals for AC Transit’s Comprehensive Operations Analysis. Accepted. Regular Meeting Alameda City Council January 7, 2020 2 (20-010) Recommendation to Provide Advice and Consent on the Social Service Human Relations Board (SSHRB) Work Plan for the 2020 Calendar Year. Vice Mayor Knox White expressed support; stated the Commission on Disability would benefit from draft work plans; discussed the Municipal Code six goals for the SSHRB; expressed support for addressing hate crime issues in and around schools at the next SSHRB meeting; stated there are ways for the SSHRB to potentially formalize and strengthen processes between the City and the Alameda Unified School District (AUSD). In response to Mayor Ezzy Ashcraft’s inquiry, Vice Mayor Knox White stated that he and Councilmember Daysog serve on the School District Subcommittee. Vice Mayor Knox White moved approval of the item. Councilmember Daysog seconded the motion which carried by unanimous voice vote – 5. (*20-011) Recommendation to Accept Report on the Appointment of One Member to the Open Government Commission. Accepted. (*20-012) Recommendation to Accept the Work of Ray’s Electric for Park Street Corridor Safety and Operations Improvements, No. P.W. 03-15-03. Accepted. (*20-013) Recommendation to Authorize the City Manager to Execute a First Amendment to the Agreement with SCS Engineers Extending the Term of the Agreement by Six Months and Increasing the Compensation by an Amount Not to Exceed $145,000, for an Aggregate Amount Not to Exceed $444,978, for Targeted Zero Waste Technical Assistance for Commercial Businesses and Multi-Family Accounts; Accepted; and (*20-013A) Resolution No. 15627, “Amending the Fiscal Year 2019-20 Integrated Waste Fund Operating Budget for Fiscal Year 2019-20.” Adopted. (*20-014) Ordinance No. 3259, “Approving a License and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a 66-Year License with the San Francisco Bay Area Water Emergency Transportation Authority for Use of Real Property and Submerged Land at Alameda Point.” Finally passed. (*20-015) Recommendation to Approve Amended Employment Agreement for the City Manager Effective January 5, 2020. Accepted. An announcement was made regarding the contract terms. REGULAR AGENDA ITEMS (20-016) Public Hearing to Consider Approving the Housing and Community Regular Meeting Alameda City Council January 7, 2020 3 Development Needs Statement and Priority Needs and Objectives for the Community Development Block Grant (CDBG) Annual and Five-Year Plans. The Housing Authority Management Analyst gave a Power Point presentation. Mayor Ezzy Ashcraft stated all Boards and Commissions are doing well addressing issues; inquired whether CDBG priority needs and objectives can include metrics; stated it is difficult to know what progress looks like without measurements; outlined priority needs topics. The Housing Authority Management Analyst responded the current goal is to identify priority needs, announce funding availability and accept applications which satisfy the needs; stated the applications then allow for goals to be set. In response to Mayor Ezzy Ashcraft’s inquiry, the The Housing Authority Management Analyst provided an example of services; stated when the notice of funding is announced, non-profit organizations have four weeks to apply for CDBG funds. Mayor Ezzy Ashcraft inquired whether the groups serve vulnerable populations. The Housing Authority Management Analyst responded in the affirmative; stated applicants will be asked to identify their potential targeted number of people to be served. Mayor Ezzy Ashcraft requested an example be provided for housing. The Housing Authority Management Analyst stated two different funds are used for CDBG affordable housing; Home Funds are typically used for development or new construction; the last two projects received about $200,000 of Home Funds per year to fund one to two units; stated in larger developments, the funds are used to fill a gap; CDBG funds are not allowed to be used for development, but can be used for preparing reports or for preparing land for future development. Councilmember Daysog inquired whether the City has any discretion to designate that funding can only be applied to certain areas. The Housing Authority Management Analyst responded in the affirmative; stated the Department of Housing and Urban Development (HUD) explicitly states no more than 15% of entitlement may be allocated to public services; other areas may be prioritized. Councilmember Daysog expressed support for items addressing families in crisis; stated Economic Development and public facilities are valuable, but the City must conduct a triage in allocating the limited funding. Outlined the SSHRB process and recommendations: Johanna Paillet-Growl, SSHRB. Regular Meeting Alameda City Council January 7, 2020 4 Discussed the intersection between domestic violence and homeless and the domestic violence housing first program: Erin Scott, Family Violence Law Center. Councilmember Oddie expressed support for the item and for considering to partner with the School District to place laundry facilities in schools which homeless students may use. Mayor Ezzy Ashcraft stated there may be other ways for the City to find funding for laundry services. Vice Mayor Knox White moved approval of the staff recommendation. Councilmember Vella seconded the motion, which carried by unanimous voice vote – 5. (20-017) Recommendation to: 1) Direct Staff to Conduct a Four-Week Request For Qualification Solicitation Process for the Development of the West Midway Project; 2) Appoint a City Council Ad Hoc Subcommittee to Work with Staff to Review Proposals and Make Final Recommendations to City Council; and 3) Approve Debbie Potter, Community Development Director; Michelle Giles, Base Reuse Manager; and Lisa N. Maxwell, Assistant City Attorney, as Designated Real Property Negotiators for West Midway Project. Not heard. (20-018) Recommendation to Consider Options on Coordination of the 4th of July Parade; (20-018A) Resolution No. 15628, “Approving a Workforce Change in the Recreation and Parks Department to Create a New Classification, Recreation Assistant; Add One Position, Recreation Assistant; and Amend the Alameda City Employees Association (ACEA) Salary Schedule to Add the Classification of Recreation Assistant, Effective January 8, 2020.” Adopted; and (20-018B) Resolution No. 15629, “Amending the General Fund Budget for Fiscal Year 2019-20 by $130,000 for Costs Associated with the 4th of July.” Adopted. The Recreation and Parks Director gave a brief presentation. Councilmember Oddie inquired whether the proposed staff person will be able to work on items other than the parade. The Recreation and Parks Director responded the parade will take roughly 50% of the staff person’s time and depends on the time of year; there are benefits of having the entry-level position. Councilmember Oddie inquired whether the new staff person would be able to assist with the other Recreation and Parks items and projects. The Recreation and Parks Director responded the staff member would be primarily Regular Meeting Alameda City Council January 7, 2020 5 focused on operations. Councilmember Oddie stated $50,000 has been budgeted for Fiscal Year (FY) 2019- 2020; inquired whether the FY 2018-2019 budget include any funding. The Recreation and Parks Director responded less funding was appropriated for 2018 - 2019; stated $50,000 has been budgeted for the current and next fiscal years. Councilmember Oddie inquired whether the Police Chief designated a portion of his budget to the Recreation and Parks Department. The Recreation and Parks Director responded in the affirmative; stated the Police Chief previously budgeted an unanticipated $75,000. Councilmember Oddie stated the Police Chief has been generous with the budget; there will not always be overages. Vice Mayor Knox White inquired whether the historic amount of $60,000 in costs has been reflected. The Recreation and Parks Director responded the amount is separate; stated the $60,000 is considered a part of the Police and Fire budgets; the $50,000 is under the General Fund and is separate from the $60,000. Vice Mayor Knox White inquired whether the expense costs are included in the $60,000, to which the Recreation and Parks Director responded in the affirmative. Vice Mayor Knox White stated the new staff includes 25% time of a management position which already exists; inquired whether under-filling the position will cause a problem. The Recreation and Parks Director responded there will be difficulties; stated the parade is a huge undertaking; the event is important to continue. Vice Mayor Knox White stated the next Recreation and Parks Commission meeting has an item related to increasing department staff; inquired how the two items compare. The Recreation and Parks Director responded the Recreation and Parks Commission reviewed and recommended park priorities in December 2019; stated several members came forward to review the list; many members stated Depave Park needs to happen; part of the Recreation and Park Commission’s motion was for staff to return to Council with a staffing plan on how to manage projects; outlined the mid -management position; stated a Senior Management Analyst position is needed to take on the projects; the new position could take over smaller development projects such as a playground at Jackson Park or other annual playground maintenance; the Recreation Assistant position is a position that has been needed; staffing is flat within the Recreation portion of the Regular Meeting Alameda City Council January 7, 2020 6 department; currently, Recreation Supervisors do not have support; the format is an inefficient way to function; a Recreation Assistant will bolster the support for staff as well as incorporate the parade event. Urged Council not to modify the route: Kari Thompson, Alameda Homeless Network. Mayor Ezzy Ashcraft stated the parade is a beloved tradition; expressed support for keeping the current parade route along Otis Drive; stated the route provides an opportunity for residents to view the parade; the parade does require more security for safety purposes; inquired whether the Recreation and Parks Director would prefer to contract out the Event Coordinator position. The Recreation and Parks Director responded a staff person would provide for more control and consistency; stated even with a contract, event planners change. Councilmember Daysog stated the Fourth of July Parade is Alameda’s annual gift to the Bay Area; expressed support for staff report Option A; stated there have always been costs. Councilmember Oddie stated the parade is an institution; expressed support for Option A, gratitude for parade volunteers, using the Police Department’s budget surplus and having a bicycle race prior to the foot race. Vice Mayor Knox White expressed gratitude for parade volunteers; expressed concern about future budget impacts; stated there are not enough savings to consider Option 2; expressed support for funding the parade for up to two years, then begin to work with community organizations to look into community leadership of the parade. Councilmember Vella stated parade volunteers held a thankless job; the parade has become much more complicated over the years, due in part to security details; there is an increase in the workload and overall cost; expressed support for finding ways to include sponsorships or naming rights; stated the staff vacancy savings from the Police Department budget is significant; Council is committed to ensuring the vacancy savings decrease over time; expressed support for Option 1, with the caveat of looking into other ways to fund the parade. Mayor Ezzy Ashcraft stated there is a lot of potential in sponsorships and naming rights. Councilmember Vella moved approval of Option 1, and adoption of the resolutions. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. CITY MANAGER COMMUNICATIONS (20-019) The City Manager made announcements regarding the Planning Board Regular Meeting Alameda City Council January 7, 2020 7 discussion of Charter Article 26 on January 13th, the first of three community input meetings on the City’s aquatic center design on January 15th and restaurant week. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS (20-020) Consider Directing Staff to Develop Ethic Rules for Elected Officials Related to Campaign Contributions. (Vice Mayor Knox White) Not heard due to Vice Mayor Knox White withdrawing the item. (20-021) Consider Directing Staff to Develop a Recommendation on an Automated License Plate Readers (ALPR) Program. (Vice Mayor Knox White) Vice Mayor Knox White made brief comments regarding the referral. Councilmember Vella stated that she previously presented a referral on privacy and data retention; the Police Department requested an exemption specifically for law enforcement; the exemption was not with the thought of having ALPRs; expressed support for staff returning with an explanation of law enforcement exemptions; expressed concern about the ordinance not addressing all aspects of government, including law enforcement, to ensure there is no abuse; discussed Supreme Court cases indicating cities are not allowed to release wholesale data collected by ALPRs; stated the Public Records Act (PRA) still compels cities to release records to registered vehicle owners; expressed concern about data in instances involving domestic violence and outlined an incident. Councilmember Oddie inquired whether there is support for the item to move forward; stated there would be a tremendous amount of work for the Police Chief; if a majority of Councilmembers are not willing to move forward, time would be wasted; there is a staff shortage in the Police Department; noted that several children have been hit by cars; questioned Police Department priorities. The City Manager stated the items listed by Councilmember Oddie are a high priority; APLRs fall below the other priorities; staff can bring back parameters. Councilmember Oddie stated that he would like more information explaining exactly what the information collected is being used for; the original proposal was to place ALPRs at the City bridges and tube; outlined theoretical uses; expressed concern about racial profiling, potential misuse of data related to domestic violence and data the vendor providing data to Immigration and Customs Enforcement (ICE); expressed support for certain examples being use cases and showing the public instances where data is valuable and effective; discussed the potential for data abuse. Regular Meeting Alameda City Council January 7, 2020 8 Councilmember Daysog stated former Councilmember Tam took interest in ALPRs in 2013; discussed former meetings and conferences related to decreasing crime in areas with ALPRs; stated an audit report was issued in 2015; expressed support for returning to look at ALPRs to help prevent crimes; stated people entering Alameda with the intent to commit crimes using their vehicles might think twice if Alameda has ALPRs; there has been considerable evidence that crime has been reduced in the City of Piedmont because of ALPRs; the City of Alameda had a robust discussion around data and data management; policies were put in place and should be revised if needed; expressed support for implementing ALPRs where possible with the budget provided; stated safety is owed to the residents of Alameda. Mayor Ezzy Ashcraft discussed a hate crime in New York during Hanukkah; stated the suspect was later found in Harlem due to ALPR technology; a policy governs the use of ALPRs; stated feedback from a forum at the Library was the basis for the ALPR policy; Councilmembers raised valid concerns related to limited Police staff and prioritization; the Police Chief has expressed support for ALPRs; ALPRs do the work an officer would have to perform manually; the retention policy might need to be updated; expressed concern about data sharing; stated body worn camera policies have expanded to not record victims of domestic violence and children; there are restrictions placed on those who can access footage; expressed support for policies which include protections; ALPRs are machines which capture license plate data; that she is confused about how racial profiling could occur; there should be no expectation of privacy of a license plate while driving down the street or highway; expressed support for civil liberties, vulnerable populations and victims of domestic violence, and support not being mutually exclusive with ALPRs; Police Department staffing challenges will not go away overnight; making tools available and allowing for a safer community is owed to the Police Department and the community; expressed support for moving forward with the item; stated that she would like to include the text: “should include but not be limited to…”; inquired the meaning behind the referral second to last bullet. Vice Mayor Knox White responded the item is a sub set of the previous bullet; stated if Council is interested in moving forward, the report should note what options could be available; discussion possible data retention options; stated a spectrum of ideas could be explored; the referral is intended to get a sense of Council’s support of ALPRs and includes an efficacy report; expressed concern for a report that is hyperbolic; stated there is a lot of misinformation about the usefulness and effectiveness of ALPRs; outlined opportunities for ALPRs to work effectively; e xpressed support for analyzing useful data; staff has been given direction and Council can make an informed decision with input from the City Manager and Police Chief; questioned whether a Council majority supports ALPRs; stated data should not be shared with national and State law enforcement agencies, but potentially local law enforcement. Mayor Ezzy Ashcraft stated that her previous example of the hate crime attack should not be categorized as hyperbolic. *** Regular Meeting Alameda City Council January 7, 2020 9 (20-022) Councilmember Daysog moved approval of allowing three more minutes. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. *** Mayor Ezzy Ashcraft stated there have been an increase in anti-Semitic incidents; noted another attack at a Kosher grocery in New York; the City should not pretend an attack will not occur; stated the Police Department is concerned with crimes greater than package thefts. Councilmember Vella expressed concern for giving people a false sense of security; expressed support for receiving data specific to crime prevention; stated China is using facial recognition technology and more biometric forms of identification are being produced; ALPRs can be a substantial tool in solving crimes; expressed support for seeing the trade-off; stated this is a time of increased anti-Semitic attacks; discussed customs detainment after Iranian attacks; expressed concern about data sharing and the vendors’ discussion of photos captured by the ALPR technology; outlined potential racial profiling examples; expressed concern for a blanket law enforcement exemption; stated ALPRs are a tool that have the potential to be abused. Councilmember Daysog stated the City needs to have fixed ALPRs; expressed support for having a discussion; stated the City has previously demonstrated its ability to move forward with ALPRs; the ability should be used as a basis for moving forward; the community is interested in having ALPRs. Councilmember Oddie stated that he supported mobile ALPRs; there is a difference between mobile and fixed ALPRs; the difference is in capturing every single vehicle that comes on and off the Island; ALPRs help solve crimes; discussed the Oikos shooter incident; stated that he does not see how ALPRs prevent crimes; outlined potential acceptable uses for ALPRs; stated a tremendous amount of data is needed to solve complex crimes; a year and a half worth of data must be kept in order for ALPRs to be a useful tool; expressed concern about the ability to scan for specific drivers and car models based on callers identifications, which could cause a risk of racial profiling. Mayor Ezzy Ashcraft discussed an incident at a mosque in New York involving Police with mobile ALPRs; stated only 6 months of data storage is permitted; mobile ALPRs have stopped child abductors; expressed support for moving forward. Vice Mayor Knox White moved approval of the referral with additions: requesting any information about photo [face] capture; clarification that photo [face] capture would not be part of ALPRs; clarification of the data privacy policy; how the ALPR policy links to align with the data protection policy in place; discussion about the public safety exemption and how it would apply to the data collected here. Vice Mayor Knox White clarified the motion is approval of the referral as written, with the Regular Meeting Alameda City Council January 7, 2020 10 Mayor’s not limited to addition clarifying no photo capture and expressly asking for clarification of the ALPR policy as it correlates to the new data policy future ordinance, and discussion of the public safety exemption and how it might play into this data policy. Councilmember Oddie proposed the motion be amended to allow an analysis of photo capture. Vice Mayor Knox White stated that he would not support and does not see a need for photo capture. Councilmember Oddie stated that he does not support photo capture; questioned whether the product would have the potential for the ability of photo capture in the future. Mayor Ezzy Ashcraft stated the policy could be amended if needed. Councilmember Vella stated that she would prefer an ordinance written to reflect the technology as presented; a future Council can amend the ordinance should the technology be expanded; noted the previous ALPR company had been misusing data; stated there is legal recourse with any misuse or violation. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. COUNCIL COMMUNICATIONS (20-023) Stopwaste Reusable Food Ware Ordinance. (Councilmember Oddie) Councilmember Oddie made brief comments. Offered to serve a resource about the impacts on restaurants: Alison Piccoli, California Restaurant Association. Councilmember Oddie stated whether an item is placed in a landfill or compost, something is being placed somewhere; a movement toward reusable or recy clable must happen; discussed a business that reuses takeout containers; expressed concern about the cost of $450,000 per year in staff time; stated a model ordinance is 80% complete. In response to Mayor Ezzy Ashcraft’s inquiry regarding the cost, Councilmember Oddie stated the cost includes enforcement; there is uncertainty about how the current City waste ordinance will work with the Countywide ordinance; Stopwaste currently enforces the plastic bag ban, not the City. Councilmember Vella inquired who should be contacted when businesses do not comply with the current waste ban ordinance. Regular Meeting Alameda City Council January 7, 2020 11 The City Manager responded an internal meeting will be held in the coming week to discuss a warning letter to businesses not complying; stated Public Works Department is enforcing the current ban. Councilmember Vella expressed support for the County enforcing a plastic ban; stated enforcement will ultimately fall on local jurisdictions; expressed concern about Stopwaste’s expanded enforcement costs; stated each jurisdiction has the capacity to do enforcement; there are impacts to the City when neighboring cities do not have a similar ban in place; expressed support for reusable items. Mayor Ezzy Ashcraft inquired the process for unincorporated areas. Councilmember Oddie responded the County is responsible for said areas; stated if successful, Stopwaste will cease to exist and cities will be responsible for enforcement of ordinances. Vice Mayor Knox White expressed support for the ordinance; stated a way to contribute would be a report on cities enforcement; expressed support for reusable items; noted the City has been using reusable items for a period of time; expressed support for acknowledging the impact of certain restrictions for those with disabilities. Councilmember Oddie stated Lola’s Chicken Shack has received an award from Stopwaste for utilizing reusable foodware items; noted the change was more profitable for the business; expressed gratitude for the City Attorney’s office for switching coffee pods to reusable pods due to waste. Councilmember Daysog stated the City should encourage reusable foodware items through positive incentives and rewards, but should not punish small businesses for not implementing reusable items; expressed concern for smaller businesses and restaurants not having the profit margins to supply reusable foodware items. Councilmember Oddie stated Stopwaste offers grants; noted businesses should be encouraged to apply for funding. Mayor Ezzy Ashcraft stated Lola’s Chicken Shack, a s mall local business, has found more profit in switching to reusable foodware items; a grant is a great opportunity for small businesses to find funding; expressed concern for penalizing a business for one infraction; expressed support for educating businesses not in compliance; stated the environment must be protected, regardless of the size of business. Councilmember Oddie inquired whether there is feedback on the potential dining in surcharge. In response to Mayor Ezzy Ashcraft’s inquiry, Councilmember Oddie stated the fee would be applied to enforcement. Regular Meeting Alameda City Council January 7, 2020 12 Mayor Ezzy Ashcraft expressed concern for adding fees; stated the minimum wage increase is diminishing profit margins for local businesses and restaurants; expressed support for other options to fund enforcement; noted Alameda Theatre uses reusable foodware items. Councilmember Vella inquired whether the fee for single use cups is $0.25 per cup, to which Councilmember Oddie responded in the affirmative. Councilmember Vella stated the fees can add up quickly and have the possibility of being punitive to the business; noted other jurisdictions and businesses offer a credit to those who bring in their own bag, while others charge if a bag is provided; stated the business should be able to decide which option works; collecting for enforcement causes payment for violations. (20-024) Councilmember Vella discussed the Lead Abatement meeting and discussions with the Environmental Protection Agency; expressed appreciation for the City’s Code Enforcement Inspector’s efforts. (20-025) Vice Mayor Knox White discussed the upcoming AC Transit Inter Agency Liaison Committee meeting; noted a determination in December revealed that Alameda’s data was not shared by Vigilent; discussed Emma Hood Swim Center, Recreation and Parks Commission discussing staffing discussion and Boards and Commissions providing input on staffing. (20-026) Councilmember Oddie made an announcement regarding the Health District Subcommittee meeting; discussed unsticking red tape with Caltrans. (20-027) Mayor Ezzy Ashcraft made announcements regarding a meeting with a Caltrans District Director, a meeting with the Port of Oakland Executive Director, two menorah lightings, being a shopper at a toy drive, serving dinner at the Alameda Warming Center, and a press conference supporting Senate Bill 5. ADJOURNMENT (20-028) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting with a moment of silence in memory of Alameda resident Paul Mauler and Art Shanks, Cypress Mandela Center, at 9:33 p.m. Councilmembers Oddie and Vella made brief comments about Mr. Shanks. Respectfully submitted, Lara Weisiger City Clerk Regular Meeting Alameda City Council January 7, 2020 13 The agenda for this meeting was posted in accordance with the Sunshine Ordinance.