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2020-06-17 Special Meeting MinutesSpecial Meeting Alameda City Council June 17, 2020 1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY- -JUNE 17, 2020- -5:30 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:33 p.m. and led the Pledge of Allegiance. ROLL CALL - Present: Councilmember Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [The meeting was conducted via Zoom.] Absent: None. ORAL COMMUNICATIONS, NON-AGENDA None. AGENDA ITEM (20-437) Recommendation that the City Council: (A) Authorize the Mayor to Sign -On to Former President Obama’s Pledge to Introduce Common-Sense Limits on Police Use of Force; (B) Authorize the City Manager, in Partnership with the Chief of Police, to Evaluate and Update Alameda Police Department Policies Related to the “8 Can’t Wait” Initiative. The Assistant City Manager gave a brief presentation. Mayor Ezzy Ashcraft stated Council is not restrained to the two recommendations; Council has the option to direct staff to approach the topic differently; inquired whether Council should waive the nine minute speaking limit. *** (20-438) Councilmember Oddie moved approval of suspending the nine minute Council speaking time limit. Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Ve lla: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. *** Vice Mayor Knox White inquired the difference between areas which have a specific policy and others which have procedures or training requirements. The Assistant City Manager responded the policy is the over-arching sentiment and objective for the action being carried out and the procedure is more specific to how the action is performed; stated staff can potentially be held to both the policy and procedure. Special Meeting Alameda City Council June 17, 2020 2 The Police Chief stated discipline is the likely outcome to policy violations via internal investigations; procedures indicate how the policy is followed and minor violations are typically not disciplined outside of counselling sessions. Mayor Ezzy Ashcraft requested clarification of a procedural violation. The Police Chief stated a radio protocol or a traffic stop which does not follow the standard procedure are procedural violations; noted traffic stop locations must be broadcast for tracking purposes. In response to Councilmember Oddie’s inquiry regarding omitting community input, the Assistant City Manager stated the Mayor’s Pledge includes all four steps and any steps or community involvement was not meant to be left out. Councilmember Oddie expressed support for clarity on the Council’s position on the eight uses. The Police Chief stated that he has not looked at the Campaign Zero website; noted Campaign Zero and “8 Can’t Wait” are linked and have the eight policies in common; stated both sites have alignment on two of the eight policies; Alameda is in alignment with as many as six of the policies; however, semantics or terminology could explain the discrepancies; there are a couple of policies not in alignment for Alameda. Councilmember Oddie stated it should be noted the City has already banned chokeholds. The Police Chief stated there is a submission page for “8 Can’t Wait” for a review of policies; noted a submission has been made by staff, but response is likely delayed. In response to Councilmember Oddie’s inquiry, the Police Chief stated the Department has not had an Officer-involved shooting since 2005; verbal is not considered a use of force nor is a control-hold such as putting on handcuffs; a punch, kick or use of a body part is considered a use of force as well as the use of p epper spray, tasers, firearms, canines, the carotid restraint, and any result of pain or alleged use of force. Councilmember Oddie inquired whether the ban on shooting at a moving vehicle is binary or pass/fail. The Police Chief responded there is no ou tright ban on shooting at a vehicle; there are limited circumstances when it is permitted; stated the City of San Francisco has a complete ban on shooting at vehicles; Alameda could strengthen the exceptions should it be kept in the policy; if the exceptions are taken out, the Alameda Police Department (APD) would be in compliance with Campaign Zero and “8 Can’t Wait” policies; part of the discussion for Council is to determine which policy to keep. Special Meeting Alameda City Council June 17, 2020 3 Councilmember Vella inquired who will be conducting review, to which the Assistant City Manager responded who will complete the work has not been indicated; noted the answer will be made by the end of the meeting. Councilmember Vella inquired whether Council is being requested to provide instruction based on how the review will be performed and by whom. The Assistant City Manager responded in the affirmative; stated staff will take direction and ensure the direction fits will all other tasks to be completed. Councilmember Vella stated the agenda for the me eting caused confusion; noted the scope of Council conversation was not made clear; inquired the topics being discussed; stated the Pledge involves many aspects and causes difficulty in understanding discussion parameters. The Chief Assistant City Attorney stated the agenda title provides Council a great deal of discretion in what can be discussed; the issues are wide-ranging and can be discussed; the second portion of the City Manager working on policy with the Police Chief allows for a broad topic discussion and discretion. Councilmember Vella inquired whether the Department has made its own policy changes and the difference in effects between Council banning something versus a change in policy. The Police Chief responded the Department subscribes to a policy manual called Lexipol; stated Lexipol produces policies based on federal and State law and best practices; noted policy updates are due to changes in State or federal law or changes to best practices; stated Lexipol provides notification of changes; any changes to best practices are able to be somewhat customized; the major ity of updates are due to State and federal law updates; initial reviews to updates are performed by staff and a decision is made to update, leave as-is or modify for best practices; when an update is complete, the update is put out to Officers via e-mail for review and acknowledgement. Councilmember Vella inquired the difference between an inter -department policy versus Council declaring a policy. The City Manager responded some policies have been at a Department level and are now being looked at from a community and Council level; noted Lexipol provides State and federal level laws; stated staff is recommending Council discuss policies about what the Police Department should look like and the services to be provided by the Police Department; there will be a lot of Council input into the policies. In response to Mayor Ezzy Ashcraft’s inquiry, the City Manager stated some of the issues as far as use of force and other policies and procedures being implemented are the focus. Special Meeting Alameda City Council June 17, 2020 4 The Chief Assistant City Attorney stated some items are being dictated by law and are not recommended to be eliminated; staff is looking to Council and the community for direction on best practices. Discussed his experience as a business owner in Alameda; expressed concern about false reports and lack of response; stated transparency and accountability is needed; stated keeping body cameras on at all times allows public visibility which exists in other forms of government: Ben Calica, Alameda. Discussed a previous Town Hall led by Vice Mayor Knox White; stated the “8 Can’t Wait” program promises a 72% reduction in deaths caused by Police which is not good enough; reducing Police roles and redirecting resources will bring community safety; inquired the Council vision to bring the program to 100% reduction: Amanda Cooper, Alameda. Inquired the responsibility of the Alameda Police Chief in communicating Lexipol State and federal policy changes to the Council and the community; noted APD policies were changed without public input, knowledge, or Council approval; expressed support for discussing the “and” process versus “either or;” urged Council to think about switching to “and”: Shalom Bruhn, Alameda. Inquired about policy changes related to Lexipol; expressed support for automatic State and federal updates; inquired the accountability of the Police Chief related to communicating changes and updates to Council and the community and where the community can review policy changes: Amos White, Alameda. Discussed review and oversight about the recent incident with Mr. Watkins; urged Council to not use the Attorney General (AG) for the process; stated the AG office defends criminal judgements and is part of mass incarcerations; urged Council to look for a civilian body or Police Oversight Commission to review current events and policies : Jono Soglin, Alameda. Stated “8 Can’t Wait” is not enough; noted many cities which have implemented “8 Can’t Wait” still have experienced killings; Police are protected over people; the City is spending $37.5 million on a Police system that is not necessary; there is a stark contrast between the East and West End of Alameda; urged Council to invest in caring for the homeless and training trauma informed social workers to respond to non -criminal activity and to stop the school-to-prison function; stated Police should be taken out of public schools: Alexia Arocha, Alameda. Stated that he has not heard a discussion about a citizen oversight committee which does not go through the Police Department; discussed experience s with the Police Department: Jeff Roper, Alameda. Expressed support for the process; stated there is a desire for a collaborative process and a plan that would consider the needs of the community in collaboration with the Special Meeting Alameda City Council June 17, 2020 5 Police Department: Katherine Schwartz, Alameda Family Services. Expressed support for Police Officers; expressed concern about a poor record of communicating what is being done by the Police Department; stated recommendations should be provided by people other than within the Police Department to retain the absence of bias: Jay Garfinkle, Alameda. Stated defunding the Police means refocusing the City in a way that is beneficial to both the community and the Police Department; outlined salaries in the Police Department; urged Council to re-focus how business is conducted; discussed experience s with APD: Evan Schwartz, Alameda. Discussed the “8 Can’t Wait” initiative and racism on the Island; expressed support for defunding the Police Department; stated the “8 Can’t Wait” initiative does not go far enough; passing measures will do nothing to prevent Police killings and violence; outlined the effects of banning the use of chokeholds and a duty to int ervene; urged Council to move forward with the “8 to Abolition” initiative: Riley Brann, Alameda. Urged Council to consider dealing with racial bias, accountability and consequences for policy violations; expressed support for funding being dispersed from Police to community resources, social work and mental health; urged Council consider alternative solutions for Police patrolling: Jyosna Jaslow, Encinal High School. Expressed support for the “8 Can’t Wait” initiative; stated the initiative is a nice gesture or symbolic statement; the policies may not help incidents from happening again; “8 Can’t Wait” focuses on use of force; urged Council to think more broadly about how to prevent incidents from happening again and reconsider sending Police out o n mental welfare checks; stated residents of Alameda should be discouraged from making such calls: Theresa Rife, Alameda. Stated the “8 Can’t Wait” initiative is an over-simplified solution that does not address systemic causes, and excludes community demands and input from Black and Brown impacted people; expressed support for “8 to Abolition,” release of the names of Officers involved in the incident with Mr. Watkins, placing the Officers on Administrative Leave pending investigation, defunding the Police, investing in community-based alternatives to 9-1-1, and establishing a civilian-led Police oversight committee made up of majority impacted community members: Debra Mendoza, Alameda. Discussed an incident from 2008; inquired whether the Officer has ever been disciplined; expressed support for understating the role of the Police union in defending Officers who have committed abuses: Deborah Lafferty, Alameda. Expressed concern about needed services being cut immediately without having another system in place to support business districts; stated business districts are the heart of the City; business districts count on the Police Department and Council; this is a difficult time for everyone; social services are needed; urged Council to put services Special Meeting Alameda City Council June 17, 2020 6 back in place until another system can be put in place: Sandy Russell, West Alameda Business Association. Expressed support for the “8 Can’t Wait” initiative; urged an increase in accountability for the Police; discussed the actions caught on camera May 23 rd; stated the actions are unacceptable; the Officers involved must be fired immediately; expressed concern about the Officers still being employed; urged Council to divert funding away from the Police into social services; expressed concern for ease of changes to Police policy: Jeff Lewis, Alameda. Read a statement of resolution from the Alameda Justice Alliance (AJA); urged Council to seek to ensure all people are welcome and respected regardless of race in the City of Alameda and for Council and the City Manager to release the Police Chief from duties: Jeanne Nader, AJA. Discussed experiences as an Alameda resident and with APD; stated Alameda has a reputation of racial profiling and assault; urged Council to terminate the Police Chief; expressed support for citizen oversight, reducing and reallocating the APD budget, demilitarization of the Police, a data driven and independent review process and a Chief Medical Officer role; stated a focus on changing systems is needed: Seth Marbin, Alameda. Discussed her experience as an educator; urged Council to develop plans to prevent crimes and plans for de-escalation; noted no crime occurred related to the incident on May 23rd; stated review after incidents occur is needed to ensure results improve; expressed support for streets being physically and emotionally safe: Michele Pryor, Alameda. Stated the “8 Can’t Wait” initiative does not go far enough but is a good first step; APD ’s use of force is limited and is a small part of the problem; urged Council to look at bias and the role of Police in the community; stated there is a disproportionate number of people of color experiencing arrests, traffic stops, and use of force : Michele Elson, Alameda. Stated there is importance in the relationships the Police have wit h the community members; discussed crisis management; noted relationships are the important part of those that are a danger to themselves or others; stated Police Officers are able to walk away after incidents such as May 23rd with no follow up; there is a lack of trust in transparency, policies and procedures: Heather Little, Alameda. Discussed experiences as a resident and parent; expressed concern about the use of Lexipol; expressed support for creating a community oversight committee; stated the committee should review policies and be made up of community-impacted people: Grover Wehman-Brown, Alameda. Stated the Police can cause a lot of problems and violence and the Police can prevent a Special Meeting Alameda City Council June 17, 2020 7 lot of problems and violence; expressed concern about the items being prevented being invisible and not considered; urged Council to consider the possibility and move forward with precision rather than large sweeping changes: Breann Sengstock, Alameda. Discussed a school shooting and Police in schools; urged Council to fire and rehire Officers with strict training; stated defunding Police does not mean abolishing; urged Council to sell the vehicles the Police have, lay off over half of the APD Officers, and provide the remaining Officers bicycles: Geronimo Coffin, Lincoln Middle School. Expressed support for local advocates; urged Council to defund the Police Department and provide prevention interventions for traffic safety; stated enforcement has never been a priority for her organization and is not an effective way to improve safety in the community; expressed support for systemic safety; stated policing is violent and unsafe and should be less present in the community: Susie Hufstader, Alameda. Stated that she did not know Alameda had an armored vehicle; expres sed support for removing all military-style equipment; expressed concern about the possible use of tear gas; stated Alamedans are not enemy combatants; stated the “8 Can’t Wait” initiative policies are not enough: E Patterson, Alameda. Expressed support for removing Police from Alameda schools, armored vehicles, semi- automatic weapons, ride shields and tear gas; urged Council to follow San Francisco’s lead of sending social service and non-Police to non-violent calls, to remove the ability for weaponization; expressed support for disciplinary histories not being purged to allow for transparent records: Steve Burt, Alameda. Discussed the circumstances when use of force is permitted; stated use of force situations involve the issue of compliance; there is room for discussion for improving the way the Police Department works; noted that he has never witnessed an APD Officer do anything immoral, illegal or based off a protected class status : Jason Horvath, APD Officer. Stated adopting a campaign does not he lp; discussed experience with APD and as a resident of Alameda; stated Officers have too much power being used and abused; outlined comments from neighbors about the incident on May 23rd; expressed support for the removal of the Police Chief: Melody Montgomery, Alameda. Stated Alameda has a long history of racism; outlined a death in Alameda leading to profiling of Asian-American youths; discussed experiences with APD; stated “8 Can’t Wait” is not enough; expressed support for defunding the Police and investing in public and acceptable housing: Lean Deleon, Alameda. Discussed a recent Town Hall meeting, experience working with Councilmember Daysog and experiences as a Richmond resident; stated the Police interacted with the community: Cindy Acker, Alameda. Special Meeting Alameda City Council June 17, 2020 8 Discussed an incident from 2008; stated an Officer from the incident is employed with APD as a Captain: Sam Kevy, Alameda. Stated “8 Can’t Wait” does not go far enough and is a band aid for an issue that does not hold people accountable; expressed support for a 60 to 80% cut to the Police budget; expressed concern about the response from the Police Chief; expressed support for the removal of the Police Chief; inquired the reason for APD to have an armored vehicle: Janice Anderson, Alameda. Urged Council to consider the “8 Can’t Wait” initiative as the bare minimum to be done as a start to a goal in rethinking community policing and to call for the dismissal of the Police Chief; stated APD needs a new direction, philosophy and new leadership : Ezra Denney, Alameda. Discussed experiences working in dispatch; stated there is a difference between wants and needs; noted the armored vehicle assisted the City of Oakland with riots; stated calls received are racially fueled; stated more education is needed : Keisha Brooks, APD Dispatcher. Expressed support for Alamedans and people of color having a voice and for a citizen’s oversight commission; stated the commission would allow for citizen review of the APD budget, training process, and policies to ensure a safer environment for everyone; a Chief Public Health Official should be in charge of the commission; urged Council to focus on demilitarization and reduction of the APD budget : Anisya Lustig-Ellison, Alameda. Stated Alameda is one of the most segregated communities in the Bay Area; the contracts with APD are at the expense of the community; noted Alameda Unified School District (AUSD) employees have been paid the lowest in the County for decades; the money contracted with APD would be more useful directed towards counselling, after- school programs, restorative justice programs, and technology for students; Officers in schools perpetuate the school-to-prison pipeline: James Burgquist, Alameda. Stated “8 Can’t Wait” is not a good idea and not enough; expressed support for “8 to Abolition” as an alternative; urged Council to inquire what Police are for; stated public safety should be defined; reforms are changes to a system that does not work and legitimize a harmful and broken system; reforms waste money: Savannah Cheer, Alameda. Stated “8 Can’t Wait” does not have solid research with a well measured outcome; outlined the research included in “8 Can’t Wait;” discussed Officer shootings in Chicago and Minneapolis; urged Council not to focus on incremental reform; expressed support for fundamental change through defunding Police and reallocating funds into social services; urged Council to follow San Francisco’s model: Luis Booth, Alameda. The following comments were read into the record: Special Meeting Alameda City Council June 17, 2020 9 Stated reforms are not strong enough incentive to end Police brutality; noted new rules without increased accountability are only guidelines; stated with no long -term consequences, there is little trust that the behavior or culture will improve; urged Council not to stop and consider taking on larger, more difficult approaches : Maggie Jacobs, Alameda. Expressed support for Alameda continuing down a path of change and reform; expressed support for changes to Police training, “8 Can’t Wait,” additional changes tied to use of City funds for alternate support services, and supportive services be ing led by a Chief Preventive Medicine Officer: Karya Lustig, Alameda. Urged Council to release the names and identities of the Officers involved in the arrest of Mr. Watkins; inquired the reason de-escalation was needed for the interaction with Mr. Watkins: Anonymous text message. Urged Council to visit 8toabolition.com, to listen to the Black Lives Matter movement, to defund the Police, demilitarize communities, to remove Police from schools, free people from jails and prisons, to repeal laws that criminalize survival, to invest in community self-governance, to provide safe housing for all and to invest in care not cops: Anonymous text message. Stated the “8 Can’t Wait” policy does not address Police brutality as a systemic problem; urged Council to defund APD and reinvest in community-based alternatives; stated investment in public safety means a commitment to uprooting the Police; noted the goal is to decrease contact between Police and community members: Anonymous text message. Urged Council to adopt the “8 to Abolition” initiative , to defund the Police, to demilitarize communities, to remove Police from schools, to free people from prisons and jails, to repeal laws that criminalize survival, to invest in community self-governance, to provide safe housing and to invest in care not cops: Emma Freeman, Alameda. Stated the “8 Can’t Wait” initiative is insufficient; urged Council to look at “8 to Abolition;” stated reforms have been tried and failed and do not reflect the needs of criminalized communities: Lily Kotansky, Alameda. Expressed support for common sense limits on use of force and “8 Can’t Wait;” stated more must be done; urged Council to listen to the needs and conce rns of Black and Brown community members and reform Police; expressed support for a Citizen Oversight Commission, reducing and reallocating the APD budget, a data driven review process, a Chief Medical Officer, and establishing a vetting process: Jillian Blanchard, Alameda. Stated the “8 Can’t Wait” initiative only addresses use of force policies; expressed support for Campaign Zero; outlined Campaign Zero recommendations; urged Council Special Meeting Alameda City Council June 17, 2020 10 to establish resources to address broader issues: April Madison-Ramsey, Alameda. Discussed experiences as an African-American living in Alameda; questioned when the hatred will end; expressed support for staff recommendations and offered additional suggestions: Karen Bey, Alameda. Expressed support for the “8 to Abolition” initiative; stated the “8 Can’t Wait” policies are performative recognition of existing policies and have failed; urged Council support the “8 to Abolition” steps: Andrew Acosta, Alameda. Urged Council to reject the “8 Can’t Wait” proposal in favor of defunding and abolishing APD; expressed support for funds being reinvested into Alameda’s Black residents and community care programs; stated reforms only reinforce an obsession with policing and incremental reforms are not working: Janet Chen, Alameda. Inquired the process to initiate discussion about creating a program similar to Crisis Assistance Helping Out On The Streets (CAHOOTS): Rob Dekker, Alameda. Inquired the realistic, legal and fair time-frame to reduce the number of Police Officers in order to redirect funds to other programs; stated proper notice is important: Amy Little, Alameda. Urged Council to make a commitment to the immediate formation of a Police Oversight Committee comprised of diverse community members, to make a commitment to anti- bias training for all Police Officers, to remove Police Officers from public schools, and to address the timeline for adopting Campaign Zero and “8 Can’t Wait” policies : Celina Kamler, Alameda. Stated the “8 Can’t Wait” initiative is good, but not enough; the solution is to defund the Police; discussed the two current emergencies: COVID-19 and systemic racism; urged Council to cut the Police budget and allocate the funds to social service and community based programs: Jade Aganus, Alameda. Stated organizations have highlighted the problems and inadequacies with the “8 Can’t Wait” initiative; inquired how Council will take steps to redirect funding from APD, how the Officers involved in the arrest of Mr. Watkins are being disciplined, and how Police Officers will be retrained in the use of force policy: Emily Klein, Alameda. Stated that it is absurd the Police have not made a statement or apologized to Mr. Watkins; the community deserves and needs better; reform and cuts to the APD budget are needed: Rachel Wellman, Alameda. Discussed an event near Alameda High School; stated that she wished there had been a separate unit of skilled social workers available to call and ensure no violent action would be taken by the Police: Julie Pruitt, Alameda. Special Meeting Alameda City Council June 17, 2020 11 Stated the issue is complicated and deserves both sides to weigh -in; inquired the application and recruitment process for APD; urged APD Officers to realize that Black citizens in the community want to ensure they go home safely: Laura Fries, Alameda. Stated many citizens in Alameda overuse and abuse 9-1-1, nonemergency and Police services; discussed experience as an APD Dispatcher and the arrest of Mr. Watkins; urged Council to hold constituents accountable: Whitney Moon, APD Dispatcher. Discussed experience as a native Alamedan being known to APD; stated stronger community support would make a difference; urged Council to utilize funding to engage, enhance, enlighten and educate versus criminalizing the community: Lytia Zazzeron, Alameda. Stated there are too many options without facts; outlined mass shootings and the need for an armored vehicle; noted AUSD does not fall under the City budget; encouraged an understanding of and education on how APD policies are implemented; stated APD is no longer in schools: Michaelia Parker, APD Crime Technician. Stated community education is critical; community members demand service; citizens need to be re-educated as a collaborative effort: Anonymous text message. Expressed support for financially disinvesting from Police and using the money to implement policies which help residents; stated residents have been harassed by APD; urged Council put funding into education, public health, and financial assistance for homeless and unemployed residents: Carlos Williams-Moreiras, Alameda. Expressed support for the Police Chief remaining employed; stated defunding or abolishing the Police will not make the community safer: Desiree’ Abbott, Alameda. Discussed experience with APD as part of a mental health call; noted the presence of armed Police Officers did not help; stated mental health calls and other non -violent calls would be better suited for someone with extensive mental health or counselling training; urged Council consider language interpretation issues: Michelle Tran, Alameda. Expressed support for the “8 Can’t Wait” initiative as a short term step in the development of a process to thoroughly overhaul and reduce policing in Alameda, for an audit of the Police budget, for a community based alternative to 9 -1-1 for non-criminal activity, and for a Citizen Oversight Commission: Danielle Meiler, Alameda. Discussed the racial bias in Alameda: Lilli Keinaenen, Alameda. Stated Officers should educate themselves; provided anti-racist readings for Officers: Nicola Kim, Alameda. Inquired the method of documentation for all discussed ideas: Cleo Kirkland, Alameda. Special Meeting Alameda City Council June 17, 2020 12 Discussed the Council meeting on June 16th; inquired whether Council will listen to Alameda residents; urged Council to change tack to follow the “8 to Abolition” guidelines, to refuse negotiations with Police unions and to do better : Erin Fraser, Alameda. Stated the meeting should be fully accessible; expressed support for a City Instagram page being a priority; noted “8 Can’t Wait” is ill-researched and has not proven to be effective; urged Council to take bigger steps and learn from San Francisco, Minneapolis and other cities that have committed to divestment : Amy Chu, Alameda. Stated Police violence is a public health problem and should be addre ssed on a systemic level; expressed support for defunding the Police, redirecting funds to mental health, health and child care, and preventative programs and a diverse Citizens Oversight Commission: Jyothi Marbin, Alameda. Councilmember Vella requested clarification of actions taken at the June 16th Council meeting. Councilmember Oddie expressed support for the City Manager providing clarification. The City Manager stated a special Council meeting will be called before June 30 th to continue discussions. The City Clerk stated the special Council meeting has been scheduled for Monday, June 29th at 5:30 p.m. The City Manager stated Council will hold special meetings as needed and work through the August break to facilitate the process for transforming how the City provides community services, responses, and law enforcement; staff will return to Council with a proposal for changing any response protocols for Alameda Police , including any changes that have been announced this month or the previous month s of 2020; all policing policy changes will be brought to Council for approval before implementation; instances of change to State and federal law or Courts ruling of required changes, can be brought to the next Council meeting for ratification; the 2020-2021 budget has been passed with the following conditions: hold current vacancies in APD until the October 2020 budget meeting, grant the City Manager authority to shift funds as needed through October 2020, with continued public reporting to cover any change s to service; begin a process to sell the ballistic armored tactical transport response vehicle and return to Council with policies which outline collaboration with regional partners for the rare occasion such a vehicle would be needed in an effort to demi litarize APD; funds allocated to APD may not be used to purchase, procure or maintain military grade equipment such as teargas or armored vehicles; noted Councilmembers supported removal of City Police staff from the Student Resource Officer (SRO) program for Alameda schools per an agreement made with AUSD. Special Meeting Alameda City Council June 17, 2020 13 *** Mayor Ezzy Ashcraft called a recess to the meeting at 8:23 p.m. and reconvened the meeting at 8:40 p.m. *** Mayor Ezzy Ashcraft stated people need to talk to each other and listen; there have been recent moving demonstrations; outlined emotional comments related to racial prejudice and a conversation with the President of the Alameda Police Officer’s Association; expressed support for convening a facilitated forum for Police Officers to hear experiences; stated that she has requested Robbie Williams help in finding youth leaders; noted Regina Jackson, Chief Executive Officer of the East Oakland Youth Development Center and President of the Oakland Police Commission and Reverend Jaqueline Thompson, Senior Pastor, Allen Temple Baptist Church, Oakland helped facilitate the forum; stated the Police Chief and three Officers attended the forum; stated youth members want to be involved and share views; outlined the forum proceedings and youth experiences with Police Officers; stated recurring themes of the forum were related to knowing the community; the concept of community policing is not just being present while in uniform; expressed support for a Police Athletic League; stated youth leaders provided suggestions involving psychological evaluations for Police Officers, ideas of power, attitude and disdain; Councilmembers remain fair in protecting all members of the community; there is a need for mental health screenings during the course of a career, not just initially; APD should offer courses on civil rights and race relations; Officers should show up not just in bad times, but in good times as well; people need to act with intentionality; it is important for Police to know the history of race relations in the community where employed; Police need more training and mental health resources; a lot is asked of Officers and some tasks would be better suited by others; expressed support for looking into the CAHOOTS program and for implicit bias training; stated people are afraid of being in the presence of Officers; everyone experiences facts in different ways; Officers and Councilmembers will always be judged by the worst actions of their peers; outlined comments about the Police Chief from both Ms. Jackson and Ms. Thompson; stated the onus is on Officers to change their behavior and change the perception of Police; none of the Officers encountering Mr. Watkins knew who he was; expressed support for a Youth Advisory Group; stated that she believes in the concept of restorative justice; stated the Officers involved in the arrest of Mr. Watkins are willing to sit down in a facilitated setting with Mr. Watkins to understand the experience; fundamental fairness to everyone is needed. Councilmember Vella stated that she received positive feedback from the forum; noted clarifications are needed for the benefit of the public; stated Councilmembers are sincerely listening to the community; all Councilmembers interact differently; these are difficult conversations; the City has set up a larger set of conversations. Councilmember Vella moved approval of Mayor Ezzy Ashcraft signing onto the Mayor’s Pledge by former President Barak Obama with the caveat of the Pledge being less than Council has stated will be completed; Special Meeting Alameda City Council June 17, 2020 14 review of Police policies is being conducted; upcoming meetings will allow for engaging the community by including diverse range of input, experiences, and stories in reviews; a report of the findings of the review to the community in seeking feedback needs t o be done on a parallel track; reforming the Police use of force policies is also needed; review of the policies will not be a totality of the change desired; five areas have been identified as big picture areas for Council to review: 1) unbundling and rei magining policing, 2) racism; racism extends well beyond the Police Department and should be looked at as part of hiring and Dispatch practices; conversations of anti-racism must be held, 3) policing policy review; the review includes demilitarization and use of force; noted a process for community feedback is needed, 4) oversight and accountability; questioned whether the oversight should be short -term, use an ad-hoc committee, and who serves on the oversight and accountability capacity, 5) reviewing the l aws which criminalize survival; stated Council needs to properly prioritize enforcement; expressed support for the San Francisco model. Councilmember Vella also moved approval of adopting the “8 Can’t Wait” initiative. Councilmember Vella stated many calls have noted there is support for “8 to Abolish” versus “8 Can’t Wait” which is not enough; concurred the “8 Can’t Wait” initiative is not enough; stated the initiative is part of a larger framework in the use of force discussion; policies must be adopted; any policy changes must come before Council for discussion; noted there is concern for shooting at moving vehicles; stated APD has not encountered the scenario; expressed support for looking at alternatives to responses; questioned whether other options or tools are available to help stop a car; expressed support for a review of the City’s 5150 policy; stated better solutions are needed to help seniors with memory issues and persons with developmental disabilities; expressed support for contracting with other service providers for the short-term allowing for outpatient services or elder care programs; noted the use and over-use of 9-1-1 fall into the racism category; stated calls cannot be controlled , however, what is done with the calls can; outlined the flow of responses to the call from May 23rd; stated Police will no longer respond to non-criminal and non-violent calls; a process for addressing those calls should be implemented; stated Council has worked on many goals and pathways for defunding and removal of Police from schools; stated Council has been working on providing safe housing for everyone including repurposing buildings; many items will be included as part of the unbundling discussion; noted Alameda has been working on and expanding community-based food banks; noted the jail in Alameda has been permanently closed; some of the items listed under the “8 to Abolish” initiative are outside of the City’s jurisdiction; stated Council actions have been deliberate and goal - oriented. Councilmember Oddie seconded the motions. Under discussion, Councilmember Oddie noted the amount of public comments; stated there is desire for change in the community; the Council policy provided by the City Manager is to be implemented; a wide -breadth of community members spoke; Council is accountable to the community and staff is accountable to Council; prior community Special Meeting Alameda City Council June 17, 2020 15 members and Councils have provided the current Police force and budget structure; an alternative is being requested and recognized; all must take part in the responsibility; expressed support for the directions being implemented; expressed concern about comments directed at his colleagues; stated Council agrees on the need for change; read a passage from a 4th Circuit Judge; stated more recognition of the Black Lives Matter movement is needed as well as the physical and mental decision -making skills needed by Officers each day; training can help create good decisions; noted Alameda is in the top ranking of Police score cards, but yielded a “C” grade, which should be improved; stated half of the people being arrested represent one fifth of the population; the approach to policing was graded at an “A-“ and indicates positive work; improvements can be made; the “8 Can’t Wait” initiative is not enough; it has important details, but is missing citizen oversight; citizen oversight will help increase accountability; there are binary nuances to the “8 Can’t Wait” initiative; expressed concern for the different levels of use of force being reported; stated differen t levels require different reports; the response to Mr. Watkins would have been more timely had the response level been indicated; outlined public comments related to experiences of racism; urged community members to be anti-racist; stated expectations must be provided over the course of changes made; Council must be focused on outcomes and transformative change; the City has taken first steps to develop a vision of desired policing; knowing the community is related to training; the option is more expensive ; expressed support for APD Officers being trained by the Police Chief; noted Community Paramedics could have helped the May 23rd incident; stated many young people of color’s first interaction with Police Officers are bad; Alamedans need to take a long look at repealing laws which criminalize survival; noted the many correspondences received relate to Police being tasked with clearing homeless encampments; Council should aspire to solve issues which may not be solved in a lifetime. Vice Mayor Knox White requested clarification of the motion. Councilmember Vella stated the two motions are: 1) authorize Mayor Ezzy Ashcraft to sign former President Obama’s Mayor’s Pledge which lays out four steps: 1) reviewing police use of force policy, 2) engaging communi ties, 3) reporting findings of review to community for feedback, and 4) reforming community police use of force policies; stated there are five different areas Council could have subcommittees for with agendized meetings for full Council participation: 1) unbundling or reimagining policing, 2) racism, 3) policing policy review, 4) oversight and accountability, and 5) a review of laws that criminalize survival. Vice Mayor Knox White stated direction has been given to staff to schedule a special meeting prior to June 30th; inquired whether the items included in the motion will be considered at the upcoming special meeting. Councilmember Vella responded in the affirmative; stated Council will also then decide how to move forward; expressed support for an op tion with five subcommittees having agendized meetings to allow Council participation. Special Meeting Alameda City Council June 17, 2020 16 Councilmember Vella noted her second motion is approval of the “8 Can’t Wait” initiative, with the caveat of including a review of the City’s 5150 policy and a look int o the over-use of 9-1-1 calls. Mayor Ezzy Ashcraft expressed support for the level of detail in the motions. Councilmember Vella noted Assemblymember Bonta has just carried a bill related to racially motivated 9-1-1 calls being re-categorized as a hate crime statute with a civil remedy for victims; expressed support for Council looking at the legislation. Vice Mayor Knox White expressed concern about too much policy review prior to the discussion of desired core work to be completed; stated policy cha nges have not yet taken effect and will return to Council for discussion and approval; noted the topic of reviewing 5150 calls can be reviewed and backfill options can be discussed; expressed support for staff being able to return to Council at a comfortable pace; stated that he has reservations about the 5150 portion of the motion; expressed support for providing direction and approving the “8 Can’t Wait” initiative verbatim; stated the initiative is important and will have meaning but a lot of other work is equally important; that he would like staff to bring back policies as soon as possible; expressed his opposition to shooting at cars; stated rules must be clearly provided except in narrowly defined instances; discussed San Francisco’s “Do Not Pursue” and California Highway Patrol pursue policies; stated many different views were discussed during public comment; expressed support for knowing the effects and responses of changes; stated Council does not want to put Officers in harm’s way; Officers are trained to look for things which can become harmful or deadly; a solution is not to put Officers in positions where they are responding to places where a life and death instinct is present; the instinct causes tension and difficulty in making wise split-second decisions; there is an over-estimation of how quickly Police can be moved out of situations due to safety concerns; expressed support for moving forward with appropriate speed and ensuring conversations are had; stated that he is not surprised at the calls received by APD Dispatch; ; noted there are many calls the Police do not need to respond to; stated Council must do more, do things faster, and do them well; outlined an experience on Webster Street; questioned how unenforceable instances will be addressed and changed; expressed support for both motions. Councilmember Daysog stated APD was important while he was growing up; noted Officers could be turned to when needed; outlined his experiences with APD; stated the current message about youths APD experiences needs to be addressed; the incident with Mr. Watkins underscores the need for Alameda to do much more and be part of larger nation-wide changes to policing; expressed support for APD working with Council and the community to change the process of p olicing; expressed support for CAHOOTS and outlined the program; stated CAHOOTS allows for a tangible remedy to help alter the presence of Police; the annual CAHOOTS budget is $2 million for a city of 170,000 people; questioned whether defunding the Police will help fund CAHOOTS; stated residents would like to see changes and may help fund the program through an assessments; expressed support for strengthening and clarifying crowd control Policy Special Meeting Alameda City Council June 17, 2020 17 400.3 related to the use of teargas and the involvement of the APD in other jurisdictions; stated APD should keep the safety and respect people’s right to speak in a non -violent way; expressed support for strengthening Policy 402 regarding racial profiling; stated 402 requires Officers to take training once every five years and the bar should be set higher; expressed support for APD and members in the Alameda Fire Department; stated public service delivery can be improved; Council must work with City staff and the community; expressed support for putting items into action. Councilmember Daysog requested a friendly amendment to the motions to add strengthening Sections 400 and 402 of the APD policies. Councilmember Vella stated the sections fall under item 3) policing policy review. Mayor Ezzy Ashcraft inquired whether the June 29th meeting will discuss how to compose the different advisory committees, to which Councilmember Vella responded in the affirmative. Mayor Ezzy Ashcraft expressed support for the committees having diversity. Vice Mayor Knox White expressed concern about the use of force requirement; questioned whether the process is nuanced enough to allow for life -threatening situations to be handled appropriately. Councilmember Vella stated Council will review the policies for approval, but will provi de direction to staff to move forward with the “8 Can’t Wait” initiative and then vote on policies as-drafted. Mayor Ezzy Ashcraft noted there is room for further refinement if needed. On the call for the question on the motion related to former Presid ent Obama’s Mayor’s Pledge, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5 . On the call for the question on the motion related to the “8 Can’t Wait” initiative, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5 . Mayor Ezzy Ashcraft stated this is an emotional time; outlined a conference call related to community events; noted Allen Temple Baptist Church is a COVID-19 testing site. Special Meeting Alameda City Council June 17, 2020 18 ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:15 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.