{"body": "CityCouncil", "date": "2019-12-03", "page": 1, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY- DECEMBER 3, 2019- 5:30 P.M.\nMayor Ezzy Ashcraft convened the meeting at 5:30 p.m.\nRoll Call - Present:\nCouncilmembers Daysog, Knox White, Oddie, Vella and\nMayor Ezzy Ashcraft - 5.\n[Note: Vice Mayor Knox White was present via teleconference from 65\nDoonan Road, Nedlands, WA AUS\nAbsent:\nNone.\nThe meeting was adjourned to Closed Session to consider:\n(19-656) Conference with Legal Counsel - Liability Claim (Pursuant to Government\nCode \u00a7 54956.95); Claimant: James; Agency Claimed Against: City of Alameda\n(19-657) Public Employee Performance Evaluation; Pursuant to Government Code \u00a7\n54957; Positions Evaluated: City Clerk - Lara Weisiger\n(19-658) Conference with Legal Counsel - Liability Claim (Pursuant to Government\nCode \u00a7 54956.95); Claimant: Grand Edibles, Inc.; Agency Claimed Against: City of\nAlameda\n(19-659) Conference with Legal Counsel - Existing Litigation (Pursuant to Government\nCode \u00a7 54956.9); Case Name: Boatworks V City of Alameda, et al.; Court: Superior\nCourt of the State of California, County of Alameda; Case Numbers: RG16823346,\nRG16841240, RG19041531\nFollowing the Closed Session, the meeting was reconvened and the City Clerk\nannounced that regarding Howley, staff provided information; the matter involves a\nclaim filed by James Howley against the City of Alameda and its Police Department\nalleging 1) false arrest, 2) excessive force, and 3) unreasonable search and seizure; the\nclaims generally relate to Police Officers' efforts to protect Mr. Howley and prevent him\nfrom committing suicide on February 18, 2018; the City maintains that the Police\nOfficers acted in accordance with all applicable laws and policies; nonetheless, in order\nto avoid the expense and uncertainty of litigation, the City Council voted by the following\nvote: Ayes: Councilmembers Daysog, Knox White, Oddie, and Mayor Ezzy Ashcraft - 4;\nNoes: Councilmember Vella - 1 to authorize the City Attorney to settle the matter with\nMr. Howley in an amount not to exceed $50,000; regarding Grand Edibles, staff\nprovided information with no vote taken; regarding Performance Evaluation, the position\nwas evaluated and no reportable action was taken with no vote taken; and regarding\nLitigation, staff provided information and Council provided direction with no vote taken.\nSpecial Meeting\nAlameda City Council\nDecember 3, 2019", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 2, "text": "Adjournment\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:50\np.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nSpecial Meeting\nAlameda City Council\nDecember 3, 2019", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 3, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY--DECEMBER - 3, 2019--7:0 P.M.\nMayor Ezzy Ashcraft convened the meeting at 7:05 p.m. and led the Pledge of\nAllegiance.\nROLL CALL -\nPresent:\nCouncilmembers Daysog, Knox White, Oddie, Vella,\nand Mayor Ezzy Ashcraft - 5.\n[Note: Vice Mayor Knox White was present via teleconference from\n65 Doonan Road, Nedlands, WA AUS]\nAbsent:\nNone.\nAGENDA CHANGES\n(19-660) Mayor Ezzy Ashcraft announced the Centro Legal agreement [paragraph no.\n19-665 was removed from the agenda and would return later.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS\nNone.\nORAL COMMUNICATIONS, NON-AGENDA\n(19-661) Maria Gallo, Alameda, discussed traffic concerns on Fernside Boulevard.\nCONSENT CALENDAR\nThe Centro Legal agreement [paragraph no. 19-665 was not heard and the Pacific\nShops lease [paragraph no. 19-671 was removed from the Consent Calendar for\ndiscussion.\nCouncilmember Oddie moved approval of the remainder of the Consent Calendar.\nCouncilmember Vella seconded the motion, which carried by the following roll call vote:\nCouncilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor\nEzzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk\npreceding the paragraph number.]\n(*19-662) Minutes of the Special and Regular City Council Meetings Held on November\n5,2019. Approved.\n(*19-663) Ratified bills in the amount of $3,986, 146.67.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n1", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 4, "text": "(*19-664) Recommendation to Authorize the City Manager to Execute a First\nAmendment to the Service Provider Agreement with CSW/Stuber-Stroeh Engineering\nGroup, dba Parisi/CSW Design Group to Retroactively Extend the Term through June\n30, 2021 for Outreach, Planning and Design Services for the Otis Drive Traffic Calming\nand Safety Improvement Project. Accepted.\n(*19-665) Recommendation to Authorize the City Manager to Execute an Amendment to\nthe Service Provider Agreement with Centro Legal de la Raza to Revise the Scope of\nServices, with No Change to the Compensation, for Legal Services to Lower-Income\nTenant Households in Alameda. Not heard.\n(*19-666) Recommendation to Authorize the City Manager, or Their Designee, to Enter\ninto an Agreement with the Federal Emergency Management Agency (FEMA), to\nAccept and Allocate Fiscal Year 2019 Port Security Grant Program Funds in the Total\nAmount of $365,608; Award a Bid Contract to the Sole Bidder to Build and Provide a\nNew Marine Patrol Boat and Trailer in the Amount Not to Exceed $487,477 to Safe\nBoats International. Accepted; and\n(*19-666A) Resolution No. 15613A, \"Amending Fiscal Year 2019-20 Police Grants Fund\nRevenue and Expenditures Budget in the Amount of $365,608 for the Port Security\nGrant.\" Adopted.\n(*19-667) Resolution No. 15614, \"Setting the 2020 Regular City Council Meeting Dates.\"\nAdopted.\n(*19-668) Resolution No. 15615, \"Amending the Management and Confidential\nEmployees Association (MCEA) Salary Schedule, Effective December 8, 2019, to\nReflect a New Salary for the Construction Inspection and Survey Supervisor\nCommensurate with an Increase in Scheduled Working Hours.' Adopted.\n(*19-669) Resolution No. 15616, \"Approving Tentative Map No. 8532 for the Subdivision\nof Six Lots on 20.1 Acres for the Second Phase of the Site A Development Plan at\nAlameda Point for Residential, Commercial and Public Parking.\" Adopted.\n(*19-670) Ordinance No. 3256, \"Amending the Alameda Municipal Code by Amending\nVarious Provisions of Section 3-61 (Transient Occupancy Tax) of Division IX (Taxes) of\nArticle Il (Taxation) of Chapter Il (Finance and Taxation), Clarifying and Restating\nHosting Platforms' Responsibility to Collect and Remit Transient Occupancy Taxes.\nFinally passed.\n(19-671) Ordinance No. 3257, \"Authorizing the City Manager, or Their Designee, to\nExecute an Amendment to the Lease with Pacific Shops, Inc. for the Tidelands Property\nLocated along Clement Street between Alameda Marina Drive and Willow Street,\nCommonly Referred to as Alameda Marina, to Allow Pacific Shops, Inc. to Exercise Its\nLease Option. Finally passed.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n2", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 5, "text": "Councilmember Oddie moved final passage of the ordinance.\nCouncilmember Vella seconded the motion, which carried by the following roll call vote:\nCouncilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor\nEzzy Ashcraft: Aye. Ayes: 4. Noes: 1.\nREGULAR AGENDA ITEMS\n(19-672) Resolution No. 15617, \"Amending the Recruitment and Hiring Incentive Policy\nfor Lateral Police Officers in the Alameda Police Department.\" Adopted.\nThe Police Chief gave a Power Point presentation.\nCouncilmember Daysog inquired the meaning of the acronym PHS, to which the Police\nChief responded Personal History Statement (PHS).\nCouncilmember Vella stated the cost of living is a barrier for some applicants; inquired\nwhether offering relocation benefits such as moving bonuses has been considered.\nThe Police Chief responded it has been considered; stated the proposal is not moving\nforward until it can be offered to all City departments; outlined incentive bonus options\nthat may be considered; stated some incentives do not yield applicant retention.\nCouncilmember Vella inquired how the $30,000 incentive payment was determined and\nwhether it will be sufficient.\nThe Police Chief responded the sufficiency has yet to be determined; stated incentives\nare designed to retain officers; noted other cities provide the incentive incrementally\nover time; stated there is competition for Officers in the area.\nCouncilmember Vella inquired whether consideration has been given to reducing the\nprobationary period for Officers that have been in good standing for a number of years.\nThe Police Chief responded the California Peace Officers Standards and Training\n(POST) period is one-year.\nCouncilmember Vella inquired whether the probationary period could state: \"minimum\nPOST requirement.\"\nThe Human Resources Director responded labor requested bringing the requirement of\ntwo years down to one year.\nThe Police Chief read the POST requirements.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n3", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 6, "text": "Councilmember Oddie inquired whether any incentives, aside from the homeowner\nincentive, have been omitted in comparing other programs.\nThe Police Chief responded in the negative; stated the probationary period and\nmortgage assistance are the focus; Alameda offers retiree medical benefits and other\njurisdictions do not; the goal is to build up the incentives.\nCouncilmember Oddie inquired whether staff must be employed for five years in order\nto qualify for the existing medical incentives, to which the Police Chief responded in the\naffirmative.\nDiscussed the effects of Police Department cuts on the Downtown Business\nAssociation; expressed support for recruitment efforts to hire qualified personnel: Janet\nMagleby, Downtown Alameda Business Association.\nMayor Ezzy Ashcraft discussed a meeting with the Downtown Business Association;\nstated the Police Chief and Human Resources Director have been working diligently;\nthere has been an increase in crime within the business districts including vehicle\nbreak-ins; the Homelessness Reach-Out Team is highly trained in working with those\nwho are unsheltered; expressed concern for Officers working outside of their job\ndescription and overtime work; expressed support for the proposed policy.\nCouncilmember Oddie stated that he requested ideas be brought forth by the City\nManager to Police recruitments; expressed support for the effective utilization of the\nCity's limited resources; outlined his recent experience with a vehicle collision and the\nrapid response of the Alameda Police Department; stated Alameda is the best place to\nlive; the Police Chief should request additional funding from Council should there be a\nneed; expressed support for the proposed policy.\nCouncilmember Vella expressed support for the policy; expressed concern over\nretaining officers; expressed support for ensuring current Officers are sufficiently\nincentivized to remain with the City; stated not all departments experience the unique\nproblem of being understaffed for an extended period of time; expressed concern about\npotential burnout of existing officers should the problem of being understaffed not be\nresolved in a timely manner; stated solutions will need to be creative; the focus should\nbe centered on retention; expressed support for increasing the referral incentive by an\nadditional $1,000; stated retention is needed just as much as recruitment.\nVice Mayor Knox White discussed a meeting with the Police Chief related to general\nstaffing needs for the department; expressed support for the policy.\nCouncilmember Daysog expressed support for the Alameda Police Department; stated\nthe City is a very safe place; should modifications to the policy be needed, those\nmodifications should be made; expressed support for the implementation of the policy.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n4", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 7, "text": "Councilmember Vella moved adoption of the resolution, with an amendment to double\nthe referral incentive from $1,000 to $2,000 of the recruitment and hiring incentive policy\nfor lateral police officers in the Alameda Police Department.\nCouncilmember Oddie seconded the motion, which carried by the following roll call vote:\nCouncilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor\nEzzy Ashcraft: Aye. Ayes: 5.\n(19-673) Resolution No. 15618, \"Establishing a City Council Policy that a City Council or\nCity Staff Member Who Knowingly Violates the City Charter, an Applicable Criminal\nStatute or an Applicable Ethical Code of Conduct Shall Not be Entitled to\nReimbursement from the City for Legal or Other Fees Arising Out of the Violation.\nAdopted.\nCouncilmember Oddie recused himself and left the dais.\nCouncilmember Vella requested the matter be bifurcated.\nThe City Attorney clarified a motion could be made to address claims prior to today and\nhave a second part regarding all activities after today.\nCouncilmember Vella moved approval of bifurcating the hearing into two parts; the first\npart results in her recusal, and would be for all prior events for which there could be a\nclaim filed; the second vote, resulting in her participation, would be for any events\nhappening after the adoption of the policy.\nVice Mayor Knox White seconded the motion.\nVice Mayor Knox White questioned how Council would be able to conduct a bifurcated\ndiscussion; stated that it will be difficult to keep the items separate.\nCouncilmember Daysog expressed concern over anticipated litigation and for items\nwhich could be injurious; stated that a clean discussion is needed; the item should be\ndiscussed as agendized.\nMayor Ezzy Ashcraft expressed support for actions that are simple and straight-forward;\nstated the matter is being discussed as a result of the Grand Jury Report; that she\ncannot support the motion to bifurcate the matter.\nCouncilmember Vella stated that she would like to hear from the City Attorney related to\na question posed by Vice Mayor Knox White.\nThe City Attorney stated Councilmembers would need to compartmentalize thoughts\nbetween the two processes; the law authorizes the process should the Council decide;\ntwo different actions are taken, therefore thoughts must be compartmentalized.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n5", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 8, "text": "Vice Mayor Knox White stated that he is struggling to understand how bifurcating the\nfirst part will not impose the discussion of the second part; expressed concern about a\nclean discussion.\nCouncilmember Vella stated the Council policy would be applied to events in the future\nwhere she should have the opportunity to participate; there are elements not related to\nCouncil within the policy that can be brought forth as a Council Referral if needed.\nOn the call for the question, the motion failed by the following roll call vote: Daysog: No;\nKnox White: No; Vella: Aye; and Mayor Ezzy Ashcraft: No. Ayes: 1. Noes: 3. [Absent:\nCouncilmember Oddie - 1.]\nCouncilmember Vella recused herself and left the dais.\nThe City Attorney gave a brief presentation.\nVice Mayor Knox White expressed concern about who will determine violations; stated\nthere needs to be some form of formal determination before the policy is made; inquired\nwhether there has been consideration of any formal process for when a violation occurs.\nThe City Attorney responded the policy, as written, is that the City Council or a majority\nof the Council will make the decision or delegate, if desired.\nMayor Ezzy Ashcraft inquired whether there will be a formal process to determine a\nviolation of the Charter or law.\nVice Mayor Knox White stated Council already has discretion to determine whether or\nnot a violation has occurred; inquired whether a more formal process should be\nconsidered.\nMayor Ezzy Ashcraft stated it is a difficult task to request a direct report to make a\ndetermination of a violation of the law or Charter against one or more members of the\nCity Council that the members vote on the positions' at-will employment; expressed\nsupport for Council delegating to a special outside counsel; stated the the process\nshould not allow for political attacks.\nVice Mayor Knox White stated this is new ground; expressed support for starting the\ndiscussion with the Grand Jury report and proceeding from there.\nThe City Attorney noted the policy is meant to be kept short and simple; stated should\nCouncil could direct staff to provide a more detailed effort into procedures,\nCouncilmember Daysog inquired the theory behind why Council may wish to delegate.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n6", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 9, "text": "The City Attorney responded one example is related to City staff; stated Council may\ndesire to delegate to the City Manager or City Attorney to make determinations in\nrelation to City staff actions.\nExpressed concern over legal fee expenditures for Councilmembers Oddie and Vella;\nsuggested the Councilmembers reimburse the City: Steve Slauson, Alameda.\nStated the term undue influence is vague; the penalty should be addressed after the\ndefinition is clarified; expressed concern over only three Councilmembers addressing\nthe matter; suggested the matter be tabled: Catherine Pauling, Alameda.\nMayor Ezzy Ashcraft stated that she does not support including Boards and\nCommissions in the policy.\nCouncilmember Daysog stated the Grand Jury provided recommendations and Council\nis to put policy in place; expressed support for not including Boards and Commissions in\nthe policy.\nMayor Ezzy Ashcraft stated the policy goes beyond the Grand Jury recommendation;\nread from the policy.\nCouncilmember Daysog expressed support for keeping City staff in the language; stated\nhaving Board and Commissions included is uneasy.\nVice Mayor Knox White expressed support for the preamble put forth by the City\nAttorney's office.\nMayor Ezzy Ashcraft expressed support for the preamble; stated the City of Alameda is\nmaking an attempt to rectify past situations and to follow the Grand Jury's\nrecommendations; expressed concern for the language related to delegating to the City\nManager or City Attorney.\nThe City Attorney stated the proposed language preference would delegate to special\ncounsel with respect to Councilmembers, and delegate to the City Manager, City\nAttorney or special counsel with respect to City staff.\nCouncilmember Daysog provided edits adding a comma after \"violation\" and before \"or.\"\nVice Mayor Knox White expressed concern about special counsel determining when a\nviolation has been made; stated there have been two instances where outside counsel\nhas been lacking; the matter binds future Councilmembers from not being able to\nindemnify; expressed support for a higher power than outside counsel, such as courts\nor Grand Jury.\nMayor Ezzy Ashcraft discussed the former City Attorney previously selecting special\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n7", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 10, "text": "counsel; expressed support for Council having the authority to select the special\ncounsel firms for fairness in the process.\nCouncilmember Daysog expressed support for a higher threshold or trigger for outside\ncounsel; stated the policy of reimbursement or non-reimbursement should follow and\nevent or decision made by a third party entity.\nVice Mayor Knox White stated there are existing processes that can be used as a\ntrigger without a further government or political process; urged caution in deciding what\nrules are put in place.\nCouncilmember Daysog inquired whether there is concern for the possibility of a\nmajority of Council deciding a violation has occurred.\nVice Mayor Knox White responded in the affirmative; stated three or four\nCouncilmembers can submit the violation to special counsel; expressed support for a\nminimum threshold to determine a violation.\nMayor Ezzy Ashcraft inquired the minimum threshold, to which Vice Mayor Knox White\nresponded the Grand Jury finding a violation.\nMayor Ezzy Ashcraft stated Council does not direct the Grand Jury to look into\nscenarios; expressed support for better protections.\nCouncilmember Daysog stated the current matter relates to reimbursing legal fees;\nnoted a process must occur for reimbursement requests to be made; the determination\nto reimburse legal fees should be made after there is a finding.\nMayor Ezzy Ashcraft stated the reason for denying reimbursement of legal fees would\nbe due to a violation of the rules or Charter; the proposed language leaves the\npossibility of determination to the City Attorney, City Manager or special counsel;\nexpressed support for the City Attorney or City Manager determining City staff has\nmade a violation; expressed concern for the determination being made as it relates to\ndirect reports of City Council; stated special counsel would only be brought in for\nCouncilmember violations; legal fees may not only be requested for reimbursement\nwhen a Grand Jury report is produced.\nThe City Attorney stated there are very few times the Grand Jury is involved in a City\nprocess; if the triggering event is a Grand Jury, District Attorney or an Attorney General\ndetermination or investigation, the triggering event could either be over or under\ninclusive; the policy is drafted to allow the Council to be the elected governing body of\nthe City; proposed the term \"Council appointed\" could be inserted before special\ncounsel.\nVice Mayor Knox White stated Council has full authority to deny indemnification; Council\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n8", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 11, "text": "may determine the specific policy or trigger; expressed support for Council appointed\nspecial counsel; expressed concern for a policy which allows special counsel to be hired\nby the City Attorney; expressed support for Council making the determination.\nMayor Ezzy Ashcraft expressed concern about due process; proposed bringing in a\nspecial counsel to work with City Councilmembers.\n***\n(19-674) Mayor Ezzy Ashcraft moved approval of allowing addition time for Council\ndiscussion [suspending the Council meeting rules].\nCouncilmember Daysog seconded the motion, which carried by the following roll call\nvote: Councilmembers Daysog: Aye; Knox White: Aye and Mayor Ezzy Ashcraft: Aye.\nAyes: 3. [Absent: Councilmembers Oddie and Vella - 2.]\nMayor Ezzy Ashcraft expressed concern for Council being unable to make a\ndetermination in every instance; stated special counsel may be brought in to assist\nwhen needed.\nCouncilmember Daysog expressed support for a higher ranking body making a\ndetermination; outlined edits to Section 1, adding \", as determined by a Grand Jury,\nDistrict Attorney, or Council appointed special counsel;\" stated Council is responding to\nthe Grand Jury recommendations.\nMayor Ezzy Ashcraft expressed support for Councilmember Daysog's addition to\nSection 1.\nCouncilmember Daysog stated there is a weakness in the proposed language.\nMayor Ezzy Ashcraft stated the special counsel involvement is only triggered when\nCouncil is involved; inquired whether the addition of \"Council appointed special counsel\"\nis acceptable.\nVice Mayor Knox White responded that he does not support outside counsel; expressed\nconcern for allowing outside counsel not to indemnify; stated there have been two\ninstances where outside counsel has been ineffective.\nMayor Ezzy Ashcraft stated there are times when the City Council needs to confer with\nspecial counsel; Council can decide to obtain special counsel when necessary; there is\nan element of safety with special counsel; special counsel would be used as a resource.\nVice Mayor Knox White expressed support for Council determining at its interest to use\noutside counsel and for including language which would allow Council to work with\noutside counsel.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n9", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 12, "text": "The City Attorney stated the policy allows the body to make a determination of a\nviolation; and once the determination occurs, the Council cannot exercise its discretion\nto indemnify; once a violation is found, the Council does not get to step 2.\nVice Mayor Knox White inquired whether the threshold for the finding is three members\nof Council.\nThe City Attorney responded in the affirmative.\nVice Mayor Knox White stated that is problematic; expressed support for due process,\nfor identifying the threshold for violation, and the threshold being higher than three\nCouncilmembers.\nCouncilmember Daysog stated the modifications made by the City Attorney is\nsatisfactory; proposed edits to the last sentence naming higher authority decision\nmaking bodies.\nVice Mayor Knox White expressed support for the changes.\nThe City Attorney highlighted the edits.\nVice Mayor Knox White stated that he is comfortable with the current language.\nMayor Ezzy Ashcraft stated the City Council should specify that Councilmember(s)\nalleged of violating the law should not be included.\nThe City Attorney inquired whether Vice Mayor Knox White wants to delete portions of\nthe language.\nVice Mayor Knox White inquired whether Council can choose not to indemnify if a\nfinding is made.\nThe City Attorney responded the policy states Council will make the finding.\nMayor Ezzy Ashcraft stated that she would like to ensure all changes made will hold up\nto legal scrutiny; if a matter is not brought forth by the Grand Jury or District Attorney, it\ndoes not mean the matter is not significant.\nIn response to Vice Mayor Knox White's inquiry, Mayor Ezzy Ashcraft stated there\nneeds to be a firm legal foundation to make a determination; the Grand Just is\nrecommending Councilmember's legal fees not be reimbursed if they have been found\nto have violated the Charter; the City Attorney should not be consulted in said instance.\nVice Mayor Knox White stated that he has no concerns with the use of special counsel\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n10", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 13, "text": "to help inform Council; expressed support for due process.\nMayor Ezzy Ashcraft stated there is difficulty in asking the City Attorney to make the\nrecommendation when a Councilmember has been identified as violating the Charter;\nexpressed support for the language stating \"Council appointed special counsel;\" stated\noutside counsel is a protection; special counsel is used as a consultant, not as a\ndelegation of authority; those seeking reimbursement should consult a lawyer as a\nsafeguard.\nVice Mayor Knox White proposed: \"the Council shall not be precluded from making a\nfinding.\"\nMayor Ezzy Ashcraft stated the statement should be made in the affirmative; provided\nedits to the statement and recommended: \"Council shall retain the authority to\ndetermine.\"\nVice Mayor Knox White expressed support for the language.\nMayor Ezzy Ashcraft proposed edits to the last sentence: may consult with Council\nappointed special counsel to provide necessary advice.'\nCouncilmember Daysog inquired whether the term Council will be included in the\nsentence beginning with: \"to the extent..\n\"\nThe City Attorney responded in the affirmative; stated the latter portion of the policy\nmakes it clear the Council retains jurisdiction to act.\nVice Mayor Knox White moved adoption of the resolution, as amended.\nCouncilmember Daysog seconded the motion, which carried by the following roll call\nvote: Councilmembers Daysog: Aye; Knox White: Aye and Mayor Ezzy Ashcraft: Aye.\nAyes: 3. [Absent: Councilmembers Oddie and Vella - 2.]\n***\nMayor Ezzy Ashcraft called a recess at 9:25 p.m. and reconvened the meeting at 9:34\np.m.\nCITY MANAGER COMMUNICATIONS\n(19-675) The City Manager announced the upcoming holiday sing-along at Mastick,\nMayor's Tree Lighting, and a hot cocoa crawl.\nORAL COMMUNICATIONS, NON-AGENDA\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n11", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 14, "text": "None.\nCOUNCIL REFERRALS\n(19-676) Consider Directing Staff to Enact a Policy to Give All City Employees the\nOption to Use Any Paid Leave, such as Sick, Vacation, or Other Paid Time Off, to\nSupplement Pay while out on Paid Family Leave. (Councilmember Vella)\nCouncilmember Vella made brief comments regarding the referral.\nVice Mayor Knox White inquired how direction will be given.\nCouncilmember Vella responded direction will be open ended; stated that she would like\nto ensure various types of leave will be able to be used as a supplement.\nMayor Ezzy Ashcraft expressed concern.\nThe City Manager stated that he and the Human Resources Director are in support of\nCouncilmember Vella's proposal; different options will be reviewed and proposals will be\nbrought back to Council for consideration.\nCouncilmember Oddie stated this policy is very fitting; expressed support for the\nreferral.\nCouncilmember Oddie moved approval of the referral.\nCouncilmember Vella seconded the motion.\nUnder discussion, Vice Mayor Knox White stated that he would like to see a model\nsimilar to San Francisco; expressed support for the referral.\nMayor Ezzy Ashcraft expressed support for the referral.\nOn the call for the question, the motion carried by the following roll call vote:\nCouncilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor\nEzzy Ashcraft: Aye. Ayes: 5.\nCOUNCIL COMMUNICATIONS\n(19-677) Councilmember Vella announced the Lead Abatement meeting will be in\nAlameda next December, that she would meet with the Environmental Protection\nAgency Children's Health Director on December 10th and that she was appointed to the\nLeague of California Cities Housing Policy Committee.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n12", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 15, "text": "(19-678) Vice Mayor Knox White discussed an article related to affordable housing;\nnoted the costs of affordable housing are too high for development.\n(19-679) Mayor Ezzy Ashcraft stated more housing must be built; discussed League of\nCalifornia Cities Statewide policy committee items, which she would share; announced\nthe upcoming annual Midway Shelter 5 kilometer run/walk.\n(19-680) Councilmember Oddie stated Stopwaste is considering adopting Alameda's\nstraw ordinance at the County level; made an announcement regarding animal\nadoption.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n13", "path": "CityCouncil/2019-12-03.pdf"}
{"body": "CityCouncil", "date": "2019-12-03", "page": 16, "text": "ADJOURNMENT\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:48\np.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nRegular Meeting\nAlameda City Council\nDecember 3, 2019\n14", "path": "CityCouncil/2019-12-03.pdf"}