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2024-01-02 Regular CC Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - JANUARY 2, 2024- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:03 p.m. Vice Mayor Daysog led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft — 5. [Note: Councilmember Vella left the meeting at 11:25 p.m.] Absent: None. AGENDA CHANGES (24-003) Mayor Ezzy Ashcraft proposed hearing the Referral authorizing the Mayor to send a letter regarding a Gaza Ceasefire [paragraph no. 24-012] after the Consent Calendar followed by the remaining referrals in the order on the agenda. Councilmember Herrera Spencer inquired whether non-agenda public comment would still be heard, to which Mayor Ezzy Ashcraft responded in the affirmative. Councilmember Herrera Spencer inquired the proposed order. Mayor Ezzy Ashcraft responded the Gaza Ceasefire item would be moved to the top as there are many speakers, the Council Referrals would then continue in alphabetical order. Councilmember Herrera Spencer stated that she would prefer the order be the Gaza Ceasefire item, followed by the referral about animal testing facilities [paragraph no. 24-017] since the matter includes a lot of public participation and has been on the agenda for some time. Mayor Ezzy Ashcraft stated that she is proposing sticking to alphabetical order as that is the order in which the Referrals were placed on the agenda by Councilmembers. Councilmember Herrera Spencer noted Councilmembers have had referrals on the agenda for months and the public has attended multiple times to be able to participate. Councilmember Jensen moved approval of the proposed agenda change. Councilmember Herrera Spencer inquired how many speakers there are for the animal testing referral, to which the City Clerk responded there are no speaker slips on that item, however, there are over 110 in-person speaker slips for the Gaza Ceasefire item. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Jensen and Mayor Ezzy Ashcraft — 3. Noes: Councilmembers Herrera Spencer and Vella —2. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS None. Regular Meeting Alameda City Council January 2,2024 ORAL COMMUNICATIONS, NON-AGENDA (24-004) Jesus Zamora, Alameda, expressed safety concerns related to a homeless shelter pop-up in his neighborhood; stated that he and his neighbors were not notified. CONSENT CALENDAR Councilmember Vella moved approval of the Consent Calendar. Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*24-005) Minutes of the Special and Regular City Council Meetings Held on December 5, 2023. Approved. (*24-006) Ratified bills in the amount of$5,690,665.34. (*24-007) Recommendation to Authorize Updates to the Existing Alameda Police Department Policy Manual to Conform to Best Practices and to Ratify Policies that Have Been Updated Pursuant to Legal Updates, Significant Liability Issues, and Imminent Safety. Accepted. (*24-008) Recommendation to Accept the Annual Automated License Plate Readers Data Report from the Alameda Police Department. Accepted. (*24-009) Recommendation to Authorize the City Manager to Accept the Work of G & G Builders, Inc. for the Alameda Police Department's Reception Area and Ramp Renovation Project, No. P.W. 11-19-53. Accepted. (*24-010) Resolution No. 16130, "Authorizing the City Manager to Execute the Master Agreement for State-Funded Projects, the Program Supplemental Agreement with the California Department of Transportation to Construct the Highway Safety Improvement Program Pedestrian Safety Project for $249,076 in State Grant Funds, and Any Related Agreements and Amendments Thereto; and Amending the Capital Budget in Fiscal Year 2023-24 by Reducing Revenue and Expenditure Appropriations in Capital Improvement Project C62000 by $175,000; and Increasing Revenue and Expenditure Appropriations for Capital Improvement Project C13000 by $175,000." Adopted. (*24-011) Ordinance No. 3362, "Authorizing the City Manager to Execute a 12-Month License with Little Opera House, Inc. for the Use of 2.13 Acres of Property on Pan Am Way at Alameda Point for Temporary Performing Arts and Special Events." Finally passed. COUNCIL REFERRALS (24-012) Consider Authorizing the Mayor to Send a Letter on Behalf of Council to Federal Officials regarding Gaza Ceasefire. (Mayor Ezzy Ashcraft) *** (24-013) Councilmember Vella moved approval of reducing the speaker time to 90 seconds. Regular Meeting Alameda City Council January 2,2024 2 Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5. Expressed support for the proposed letter: Beheshta Kohigadai, Alameda Families and Friends for Ceasefire (AFF4C). Expressed support for the proposed letter: Sal Kohgadia, AFF4C. Expressed support for the proposed letter: Seth Morrison, AFFC. Stated that she is not in support of the proposed letter regarding: Jacquelia Palchik, Alameda. Expressed support for the proposed letter: Judith Pruess Mellow, AFFC. Expressed support for the proposed letter: Akesa Fakava, AFFC. Stated that she is not in support of the proposed letter: Faith M. Expressed support for the proposed letter: Kristian Torres, AFFC. Stated that he is not in support of the proposed letter: Bruce Stoffmacher, Alameda. Stated that she is not in support of the proposed letter: Camille Landau, Alameda. Stated that she is in support of the proposed letter: Cheryl Davila, Berkeley. Expressed support for the proposed letter: Bennett Schatz, Alameda. Expressed opposition to the proposed letter: Maya B. Expressed opposition to the proposed letter: Susan Simon. Expressed opposition to the proposed letter: Susanne DeWitt, Israel Action Committee of the East Bay (IACEB). Expressed opposition to the proposed letter: Robert Bonem, Jewish Comminuty Relations Council (JCRC). Expressed support for the proposed letter: Kristiana, AFF4C. Expressed opposition to the proposed letter: Barbara Schick, Alameda County. Expressed opposition to the proposed letter: Carole Lesnick. Expressed support for sending the proposed letter: Dien Huynh, AFF4C. Expressed opposition to sending the proposed letter: Raul Gonzalez. Stated that he is not in support of the proposed letter: Jeff Powers, Oakland. Regular Meeting Alameda City Council January 2,2024 3 Stated that he is not in support of the proposed letter: Jim Altenberg, Oakland. Stated that he is not in support of the proposed letter: David Kafton. Expressed support for the proposed letter: Michael S. Expressed support for the proposed letter: Ariff Imam. Expressed opposition to sending the proposed letter: Dan Laufer, Alameda. Expressed opposition to sending the proposed letter: Jon Glaser, Alameda. Expressed opposition to sending the proposed letter: Max Gurevich, Alameda. Expressed opposition to sending the proposed letter: Gonen Shoham, Alameda. Expressed opposition to sending the proposed letter: Karen Marcus, Alameda. Stated that he supports the proposed letter: Garrett Jacobs, AFF4C. Stated that she supports the proposed letter: Mary Jaber, AFF4C. Stated that he supports the proposed letter: Rasheed Shabazz, AFF4C. Expressed opposition to sending the proposed letter: Bella Barany, Berkeley. Stated that she supports the proposed letter: Fatima Ashufta, AFF4C. Expressed support for the proposed letter: Freshta Kohgadai. Expressed support for the proposed letter: Lenine Umali. Expressed support for the proposed letter: Abigail Leong, Alameda. Expressed opposition to the proposed letter: Karin Feygenberg, Castro Valley. Expressed opposition to the proposed letter: Valerie Rutenburg. Stated that she supports the proposed letter: Emily Lin, AFF4C. Stated that he is not in support of the proposed letter: Idan Harel. Stated that he is not in support of the proposed letter: Eli Fooksman. Expressed support for the proposed letter: Huda Jaoui, AFF4C. Expressed support for the proposed letter: Paula Rainey, AFF4C. Expressed support for the proposed letter: Erik Sells, AFF4C. Regular Meeting Alameda City Council January 2,2024 4 Expressed support for the proposed letter: Caitlin Schartner, AFF4C. Expressed opposition to sending the proposed letter: Amy Faltz, Northern California Chapter of the American Jewish Committee. Stated that she supports the proposed letter: Aysha Abraibesh, Alameda. Stated that she supports the proposed letter: Heather Fong. Stated that she supports the proposed letter: Maya G, AFF4C. Stated that she supports the proposed letter: Nadja Battersby, AFF4C. Stated that she supports the proposed letter: Cam Bui, AFF4C. Stated that he is not in support of the proposed letter: Jeremy Russell, JCRC. Expressed support for the proposed letter: Cynthia Bonta, Alameda. Expressed support for the proposed letter: Claire Vakderama-Wallace, AFF4C. Expressed support for the proposed letter: Sehienne Yohannes, San Leandro Families and Friends for Ceasefire. Expressed support for the proposed letter: Saara Ahmed, AFF4C. Expressed support for the proposed letter: Eve Gordon, AFF4C. Expressed support for the proposed letter: Aidan Byrne-Sarno, AFF4C. Expressed opposition to sending the proposed letter regarding: Val Gu. Expressed opposition to sending the proposed letter: Adam. Expressed support for the proposed letter: Rita Phang. Expressed support for the proposed letter: Brook El-Amine, AFF4C. Expressed support for the proposed letter: Jeanelle Ablola, AFF4C. Expressed support for the proposed letter: Myrna Bernadel-Huey, Buena Vista Methodist Church. Expressed support for the proposed letter: Mohammad Kohgadie, Alameda. Expressed support for the proposed letter: Idira Lopez Salsido, San Leandro for Ceasefire. Expressed opposition to the proposed letter: Jory Gessowe, Berkeley. Regular Meeting Alameda City Council January 2,2024 5 Expressed support for the proposed letter: Jeanne Nader, AFF4C. Expressed support for the proposed letter: Ysrael Queson. Expressed support for the proposed letter: Omar S, AFF4C. Stated he is not in support of the proposed letter: Hanoch Raviv. Expressed support for the proposed letter: Joy, AFFC. Expressed opposition to the proposed letter: Efrat Rafaeli. (24-014) Mayor Ezzy Ashcraft inquired how many speakers are left, to which the City Clerk responded 101. Councilmember Herrera Spencer inquired whether Council could reconsider the speaker time; stated that her preference is to reduce the speaker time to one minute. Mayor Ezzy Ashcraft stated that she does not support doing so; it would not be fair. The City Clerk stated there are over 100 speakers left, there were 180 speakers total. Councilmember Vella stated when the motion was made originally, there were 150 speakers and there are now 30 more; she will not be able to stay at the meeting past a certain time. Councilmember Jensen stated Council has heard from 80 speakers out of 180 in a little over two hours, which suggests public comment will go on until midnight. Vice Mayor Daysog stated that he is fine continuing with the 90 second speaker time and revisiting it at 11:00 p.m. The City Clerk stated there was a miscount; there are 50 remote and 60 in-person speakers left. *** Mayor Ezzy Ashcraft called a recess at 9:35 p.m. and reconvened the meeting at 9:53 p.m. *** Councilmember Herrera Spencer moved approval of reducing the speaker time to one minute. Councilmember Jensen seconded the motion, which carried by the following voice vote: Ayes: Councilmember Herrera Spencer, Councilmember Jensen, Councilmember Vella, and Mayor Ezzy Ashcraft—4. Noes: Vice Mayor Daysog — 1. *** Expressed opposition to the proposed letter: Steve Hatch. Expressed support for the proposed letter: Roan Bryne-Sarno, Alameda. Regular Meeting Alameda City Council January 2,2024 6 Stated that she is not in support of the proposed letter: Cynthia Minster, Temple Israel of Alameda. Stated that she is not in support of the proposed letter: Linda Wulf. Stated that he is not in support of the proposed letter: Stanley Wulf. Stated that she is in support of the proposed letter: Nadine, AFF4C. Stated that she is in support of the proposed letter: Charlotte Thinesch, Oakland. Sated that she is in support of the proposed letter: Allegra O'Donoghue, AFF4C. Stated that she is in support of the proposed letter: Ali Soliman, AFF4C. Stated that she is in support of the proposed letter: Madi L. Stated that he is not in support of the proposed letter: Andrew Nemiccolo. Expressed support for the proposed letter: N.S. Expressed support for the proposed letter: Austin Tam, AFF4C. Expressed opposition to the proposed letter: David Mendelsohn, Alameda. Expressed support for the proposed letter: Jorim Khee, Alameda. Expressed support for the proposed letter: Amelah El-Amin, Islamic Center of Alameda. Expressed support for the proposed letter: Milo Chen, AFF4C. Expressed support for the proposed letter: Stephen Chen, AFF4C. Expressed support for the proposed letter: Rupali Raju, AFF4C. Expressed support for the proposed letter: Q Sajid, AFF4C. Expressed support for the proposed letter: Tina Shauf-Bajar, AFF4C. Expressed support for the proposed letter: Nida L, AFF4C. Expressed opposition to the proposed letter: Adam. Expressed support for the proposed letter: Mimi Abo. Expressed support for the proposed letter: Jin. Expressed opposition to the proposed letter: Claudia Kingsley, Temple Israel of Alameda. Expressed support for the proposed letter: Musa Tariq, Council on American Islamic Relations- Regular Meeting Alameda City Council January 2,2024 7 San Francisco Bay Area. Expressed support for the proposed letter: Lauren Prophet, AFF4C. Expressed opposition to the proposed letter: Ilene Lee, Jews of Alameda. Expressed opposition to the proposed letter: Liberty Schubert, Jews of Alameda. Expressed support for the proposed letter: Audrie Francis, AFF4C. Expressed support for the proposed letter: Donna Wong, AFF4C. Expressed support for the proposed letter: Eugene Khim, AFF4C. Expressed support for the proposed letter: Ashley, Alameda. Expressed support for the proposed letter: Michael Yoshii, Friends of Wadi Foquin. Expressed support for the proposed letter: Rosana D. Expressed support for the proposed letter: Heather Quinlan, Alameda. Expressed support for the proposed letter: Fatima Abdel-Wahab. *** (24-015) Mayor Ezzy Ashcraft inquired how many speakers were left, to which the City Clerk responded there are 70 speakers left. Mayor Ezzy Ashcraft inquired whether it would be possible to continue the remaining Council Referral items to the Continued Items section of the next meeting or whether the change could be done by an agenda change at the next Council meeting, to which the City Clerk responded an agenda change could be approved at the next meeting. Vice Mayor Daysog moved approval of continuing with the current item and ending the meeting afterwards; stated what has not been addressed would be moved to the next meeting. Mayor Ezzy Ashcraft made a friendly amendment to the motion to propose items not addressed at this meeting be moved to the next Council meeting's Continued Items section, if permitted. Vice Mayor Daysog accepted the friendly amendment. Councilmember Herrera Spencer made a substitute motion to approve hearing the outstanding Referrals under Continued Agenda Items at the next meeting. The matter was briefly discussed and staff was not able to clarify whether Referrals could be moved to Continued Items. Vice Mayor Daysog amended the motion to approval of moving items up to Continued Items as long as allowable, otherwise Council would vote at the beginning of the meeting to move the items. Regular Meeting Alameda City Council January 2,2024 8 Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote — 5. *** Expressed support for the proposed letter: Ashleigh Richelle, AFF4C. Expressed opposition to the proposed letter: Reyla Graber, Alameda. Expressed support for the proposed letter: Lean de Leon, AFF4C. Expressed support for the proposed letter: Hilda Poulson, Alameda. Expressed support for the proposed letter: Emily Zugnoni, AFF4C. Expressed support for the proposed letter: Wendy Honkoshi, AFF4C. Expressed support for the proposed letter: Ashfaf El-Nakhel, AFF4C. Expressed support for the proposed letter: Ismar, AFF4C. Expressed opposition to the proposed letter: Fred Lebe, Alameda. Expressed support for the proposed letter: Ryan Mar, AFF4C. Expressed opposition to the proposed letter: Jay Garfinkle, Alameda. Expressed support for the proposed letter: Laura Woodard, Alameda. Expressed support for the proposed letter: Jenya Cassidy, Alameda. Expressed support for the proposed letter: Andrew Santos, AFF4C. Expressed support for the proposed letter: Roger Timothy Slattery, AFF4C. Expressed support for the proposed letter: Sundiata Rashid, AFF4C. Expressed support for the proposed letter: Sam GioVannoni, AFF4C. Expressed support for the proposed letter: Gina Shepard, Alameda. Expressed opposition to the proposed letter: Natasha Kehimkar, Foster City. Expressed support for the proposed letter: Saida Adem. Expressed support for the proposed letter: AFF4C. Expressed opposition to the proposed letter: Yotvat Maror. Expressed support for the proposed letter: Zoe Tian. Regular Meeting Alameda City Council January 2,2024 9 Expressed support for the proposed letter: Lynette Jung Lee, Buena Vista Community Institute. Expressed support for the proposed letter: Nesbu C. Expressed opposition to the proposed letter: Tiare Fitzgerald White. Expressed support for the proposed letter: Wasim Samara. Expressed support for the proposed letter: Rima Khouri. Expressed support for the proposed letter: Ceasefire Now. Expressed support for the proposed letter: Christina Harb. Expressed support for the proposed letter: S. D. Expressed support for the proposed letter: Sameena Usman. Expressed support for the proposed letter: Maha. Expressed opposition to the proposed letter: Lara Gabrielle. Expressed opposition to the proposed letter: Marsha Merkulova. Expressed support for the proposed letter: Maria Abu Isa. Expressed support for the proposed letter: Kamal Saif. Expressed support for the proposed letter: Ayesha Syed. Expressed support for the proposed letter: AFF4C. Expressed opposition to the proposed letter: Gillia Yahalom. Expressed support for the proposed letter: Mama Ganuush. Expressed support for the proposed letter: Sam H. Expressed opposition to the proposed letter: Yifah Yaron, Foster City. Expressed support for the proposed letter: Camielle Santana. Expressed support for the proposed letter: Hamzeh Rem. Expressed opposition to the proposed letter: Kellie Shoham. Expressed support for the proposed letter: Marisa Sum. Expressed support for the proposed letter: Deeba Haider. Regular Meeting Alameda City Council January 2,2024 1 0 Expressed opposition to the proposed letter: Daniel Kreindler, Foster City. Expressed opposition to the proposed letter: Kim. Expressed support for the proposed letter: Ansar Abd. Expressed support for the proposed letter: Zoom User. Expressed support for the proposed letter: AFF4C. Expressed support for the proposed letter: Ella Demorah, AFF4C. Expressed support for the proposed letter: Vibo, AFF4C. Expressed support for the proposed letter: Josh. Expressed support for the proposed letter: Helen Thomas. Expressed support for the proposed letter: Samea Abdulkeni, AFF4C. Expressed opposition to the proposed letter: Hannah Villareal, Foster City. Discussed the Longshoreman Union anti-apartheid movement and Labor for Palestine rally: Naomi, East Bay Democratic Socialists of America. Expressed support for the proposed letter: AFF4C. Expressed support for the proposed letter: AFF4C. Expressed support for the proposed letter: Zara. Discussed changing from supporting to now opposing the proposed letter: AFF4C. Expressed support for the proposed letter: Betty S. Expressed support for the proposed letter: Yennifer Origel Hernandez. Expressed support for the proposed letter: AFF4C. Expressed support for the proposed letter: J. D., Bay Area Legal Aid Workers. Expressed support for the proposed letter: Ameera Abouremeleh. Expressed support for the proposed letter: AFF4C. Expressed support for the proposed letter: Fatima, AFF4C. Mayor Ezzy Ashcraft gave a brief presentation. Regular Meeting Alameda City Council January 2,2024 11 Councilmember Jensen stated that she has met with many community members who feel strongly about the issue; many feel the City and Council have the potential to make a difference; many Alameda residents have felt unsafe for the past couple of months and live in fear for their friends and family; nobody has benefitted from the war. Vice Mayor Daysog stated other cities in the Bay Area have fallen short when dealing with the issue; he does not agree with the characterization of Israel as an apartheid and genocidal state, which is not a voice he believes Council should be amplifying; Council must continue to be neutral and not take one side over the other; he is not in support of the proposed letter. Mayor Ezzy Ashcraft stated that she agrees the City does not need to take sides; nothing in her letter mentions a genocide or apartheid state; she is trying to come down on the side of humanity; the United States yield considerable diplomatic, financial, and other influence; the City can urge elected representatives to use it. Councilmember Herrera Spencer stated the Council is governed by a Charter; no place within the City Charter speaks to foreign policy and international matters; it is not appropriate to hear the matter and make a decision on it since it is outside the jurisdiction of the Charter; Council does not make decisions about how resident taxpayer dollars are being spent; there has been misguidance about the City Council jurisdiction; encouraged everyone to look at the Charter; stated that she will not be supporting the item. Mayor Ezzy Ashcraft stated there is communication with federal officials all the time; it is right for the City to make our voices heard. Councilmember Jensen stated the letter will not bring the community together and does not express the views of all Alameda residents; she does not believe Council should take a position suggesting U.S. foreign policy leaders are sabotaging national security. In response to Mayor Ezzy Ashcraft's inquiry, Councilmember Jensen stated that she would support [moved approval of] Council sending a letter in support of House Resolution 786. Mayor Ezzy Ashcraft seconded the motion. Under discussion, Councilmember Herrera Spencer stated that she is not in support of the motion as she does not think it is appropriate; the matter has been divisive; the Council's job is to focus on the people in Alameda. On the call for the question, the motion failed by the following voice vote: Ayes: Councilmember Jensen and Mayor Ezzy Ashcraft — 2. Noes: Councilmembers Daysog and Herrera Spencer — 2. CONTINUED AGENDA ITEMS None. REGULAR AGENDA ITEMS None. Regular Meeting Alameda City Council January 2,2024 12 CITY MANAGER COMMUNICATIONS Not heard. ORAL COMMUNICATIONS, NON-AGENDA Not heard. COUNCIL REFERRALS (24-016) Consider Directing Staff to Draft an Ordinance Amending the Sunshine Ordinance to Move to a Hearing Officer Model to Hear Sunshine Ordinance Complaints. (Mayor Ezzy Ashcraft and Councilmember Jensen) Not heard. (24-017) Consider Directing Staff to Draft an Ordinance Prohibiting Animal Testing and Experimentation on Property Owned or Controlled by the City of Alameda. (Councilmembers Herrera Spencer and Vella) Not heard. (24-018) Consider Providing Direction to Staff to Allow Remote Public Participation under Oral Communications, Non-Agenda (Public Comment) and Clarify who has Authority to Make Such Decisions in the Future. (Councilmember Herrera Spencer) Not heard. COUNCIL COMMUNICATIONS Not heard. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:47 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance. Regular Meeting Alameda City Council January 2,2024 13