Title
Minutes of the Special City Council Meeting Held on April 16, 2018; the Special City Council Meetings, the Joint City Council and Successor Agency to the Community Improvement Commission Meeting and Regular City Council Meeting Held on April 17, 2018. (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 16, 2018- -5:00 P.M.
Mayor Spencer convened the meeting at 5:01 p.m.
Roll Call - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer - 5.
Absent: None.
Public Comment
Mayor Spencer stated there are 34 speakers; inquired whether Council wants to consider limiting the time to two minutes.
Councilmember Ezzy Ashcraft stated the Council is considering a serious matter; that she would prefer to keep three minutes and speakers be held to three minutes.
Mayor Spencer requested speakers not go over the three minutes.
Councilmember Ezzy Ashcraft requested speakers not be able to cede time.
Mayor Spencer stated none of the speakers have requested time be ceded; noted she would call the speakers in the order submitted.
Expressed concern over Councilmembers Oddie and Vella participating in the Closed Session; urged the Jenkins report be released or at least the determination whether Councilmembers Oddie and Vella violated the Charter and the recommended action; read the March 9 Closed Session announcement; noted Ms. Keimach has not seen the report: Paul Foreman, Alameda Citizens Task Force.
Expressed concern over special interests running the City and decisions being made in secret; urged Council to reconsider firing Ms. Keimach, Councilmembers Oddie and Vella to recuse themselves, and to release the report and refer it to the Grand Jury: Cameron Bateman, Alameda.
Urged Councilmembers to proceed with caution; stated the public should hear the alleged tapes and be involved in the decision making process: Camille Khazar, Alameda.
Urged Councilmembers Oddie and Vella to recuse themselves and the report be released to the public: Jim Sweeney, Alameda.
Requested that all versions of the investigative report be released and the tape recording be made public: Former Councilmember Karin Lucas, Alameda.
Stated the City Manager was trying to fulfill her responsibilities in a professional manner; two Councilmembers were out of bounds in trying to influence the hiring of a new Fire Chief; Councilmembers Oddie and Vella should not be permitted to vote to fire the City Manager and should not be able to continue serving if the City Manager cannot continue serving: Colleen Pimentel, Alameda.
Stated the Council needs to be open and transparent; she is concerned about the process; terminating the City Manager should follow the correct process in order to prevent a lawsuit: Evelyn Kennedy, Alameda.
Expressed concern with Councilmembers Oddie and Vella voting, the integrity of the process, and potential lawsuits; urged Council to reinstate Ms. Keimach: Lisa Brown, Alameda.
Stated the full results of the investigation should be released in an un-redacted form with all drafts; the citizens paid for the report and deserve the full story so that speculation can cease, which goes for the tapes as well; urged any decision regarding the City Manager be postponed: Michelle Morgan, Alameda.
Stated that he is a retired prosecutor; he secretly tape recorded people when the circumstances called for it; urged the report be revealed and the matter be referred to the Grand Jury: Rockne Harmon, Alameda.
Expressed concern with the City Manager and Police Chief releasing information to the news media; stated that he resents the attacks on the two Councilmembers: Marty Frates, Alameda.
Urged Council to release the recording and everything provided as a result of the investigation, to not take further action related to the City Manager and elevate the matter to the Grand Jury for resolution: Ron Bain, Alameda.
Stated the lack of information is cultivating a breeding ground for rumors; expressed concern over the impacts on the City; suggested Council consider negotiating the City Manager’s return: Michael McDonough, Chamber of Commerce and Downtown Alameda Business Association.
Discussed Ms. Keimach’s qualifications; suggested Council consider retaining Ms. Keimach: Rob Wonder, Alameda.
Requested the report and tape be released prior to a decision about the City Manager; urged Councilmembers Oddie and Vella to recuse themselves: Karen Miller, Alameda.
Expressed concern over hiding behind Closed Sessions; stated ethically, the two Councilmembers involved should recuse themselves; urged the unedited report and tape be released: Catherine Bierwith, Alameda.
Stated that she is outraged over the lack of transparency; the accused should not vote on the termination of the accuser and should recuse themselves for ethical reasons: Cornelia Grunseth, Alameda.
Expressed how upset he is: Eric Grunseth, Alameda.
Stated the information has not come out; discussed the legal issues of the Charter, eavesdropping, extortion and whistleblowing; stated taking action involves serious liabilities; urged the issue be resolved: Kenneth Peterson, Alameda.
Stated Councilmembers Vella and Oddie voting is a clear conflict of interest and both should recuse themselves: Heinrich Albert, Alameda.
Expressed concern about the process, which required an employee evaluation; stated the City Manager taped the meeting to protect herself; suggested calling the City Manager in for evaluation and give her 6 to 12 months to correct her performance; urged the tape and January 30th investigator’s report be released: William Norton, Alameda.
Stated Jill Keimach’s tape recording of the meeting was lawful in every respect and more than justified given the circumstances she was placed in at the time; Penal Code Section 633.5 clearly provides that the recording could be made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping bribery or any felony involving violence against the person; the person taping the conversation must have had a purpose rooted in the reasonable belief that she was gathering evidence in the commission of a certain crime; Ms. Keimach consulted with the City Attorney; the City Attorney said it was alright; 59 minutes of the meeting pertained to telling Ms. Keimach what to do with her decision, telling Ms. Keimach how to make her decision and trying to interfere in her performance as a City Manager; when she finished the meeting, she went back to the City Attorney, said she tape recorded the meeting and said they did exactly what she feared they would do; the tape recording was no secret; it was not discovered during the independent investigation; it was known; this is not about the recording; it is about the pervasive misconduct by two sitting Councilmembers to exert improper and unlawful influence on behalf of their union supporters over the hiring decision of a City Manager; the Council should be investigating that misconduct; the tape recording was not illegal and is a red herring; consider not the fact of the recording, but what is on the recording: Therese Cannata, Attorney for Jill Keimach.
Stated any decision to terminate Ms. Keimach would violate Labor Code Section 1102.5, which is the whistleblower retaliation statute; it prevents an employer from retaliating against an employee who discloses information about a violation of local, State or Federal law; Ms. Keimach reported to the City, back in October, that in violation of City Charter Section 7-3, Councilmembers Oddie and Vella had attempted to direct her selection of a new Fire Chief and had essentially directed her to hire the preferred candidate of the Firefighter’s Union; the Firefighter’s Union had been a major contributor to their campaigns and is helping fund their legal defense; requested Councilmembers Oddie and Vella recuse themselves from participating in this matter; stated recusal under these circumstances is well supported by the law because they have an obvious conflict of interest; their conduct is clearly an issue; their conduct amounted to extortion and bribery; they should not be allowed to serve as judge and jury in their own case; under 1102.5, a public employee does not have to prove that the law was violated, she only has to show a reasonable belief that the information she disclosed showed a violation of law; both of these laws have been construed very broadly; he and Ms. Cannata represented a whistleblower in a suit against the City and County of San Francisco last year, which resulted in a verdict of $2.6 million, plus fees; he hopes it does not come to that, but as many citizens have told Council tonight, the City would be exposing itself to serious liability if it went ahead with the ill-advised decision which seems to be on the agenda; he supports the release of the tapes and all versions, drafts and redactions of the investigative report; Ms. Keimach has nothing to hide and wants the tape released: Karl Olson, Attorney for Jill Keimach.
Stated that she is the City Attorney for five cities in the Bay Area and on the League of California Cities Board of Directors; in her capacity as Town Attorney for the Town of Moraga, she worked with Jill Keimach for over five years; Ms. Keimach is one of the finest City Managers that she has ever worked with; despite the fact that there are noticing problems with the meeting tonight and that complaints and charges are going to be heard without the 24 hour notice, urged Council to take a reasoned, tempered approach; the decision is very difficult; asked Council to consider the fact that there are a lot of options, other than the drastic, unnecessary measure of terminating Jill Keimach; urged Council to think of other options: Michelle Kenyon, Attorney for Jill Keimach.
Stated that she has worked her entire career in the public sector; a key core of her value system is to enhance the public’s trust of government; trust that its elected and appointed officials will put the interest of the larger community in the forefront of every decision; trust that even behind closed doors officials will make decisions based on what is best for the community and not their self-interest; she was put to the test in Alameda to take the easy road and maintain the past practices or to make her life a little more difficult by exposing unethical behavior; she chose the harder road and although it was obviously difficult for all of us, her ethics and good governance would require her to make all the same decisions again; she feels she has been successful in moving the needle a little bit so that the residents are more aware of what is going on in Alameda and the public’s trust can be enhanced in the future; she worked hard and well with an exceptional group of department heads and staff; stated a number of community and Council priorities were accomplished; the controversy was created when she held to an open and transparent process to hire a Fire Chief which resulted in the selection of a Chief who is a good fit with the Fire Union and is working to increase departmental revenues and improve processes; outlined her work on a Project Labor Agreement, the animal shelter, the CalPERS unfunded pension liability, and the budget; stated whether Council directs staff to schedule a mediation, decides to terminate her after she asked to see the investigative report or decides to reinstate her, she will continue to appreciate the dedicated staff of Alameda: Jill Keimach.
Expressed support for Jill Keimach remaining the City Manager; stated Ms. Keimach has elicited a sense of enthusiasm and team unity amongst staff; outlined the residents siding with Ms. Keimach on the rent and financial ballot measures; stated firing Ms. Keimach sends a signal that political connections, not professional judgements, matter to City Hall; urged Council to keep Ms. Keimach, Councilmembers to recuse themselves and to release all the information: Former Councilmember Tony Daysog, Alameda.
Stated in the interest of transparency, she requests that Council release the tapes and all uncensored reports regarding the hiring of the Fire Chief: Jeanne Allen, Alameda.
Stated many are shocked about what is occurring at City Hall; verified reports of the tape recording seem to show Councilmembers Oddie and Vella were trying to intimidate, cajole and suggest rewards to get Ms. Keimach to hire their Fire Chief candidate; the victim is wrongly being portrayed as the perpetrator of the problem; discussed squandering tax dollars; urged Ms. Keimach continue as City Manager: Marie Kane, Alameda.
Submitted his comments; expressed concern over Councilmembers interfering with hiring decisions, the legal advice regarding the recording, and the investigative report not being released: Michael Metcalf, Former Moraga Councilmember.
Urged the Council to demonstrate true leadership, admit and correct mistakes and put Ms. Keimach back in service: Jay Ingram, Alameda.
Expressed concern over the public comments being made; stated recording conversations is illegal; expressed support for Councilmembers Oddie and Vella: Mike Henneberry, Alameda.
Stated the meeting is not about politics; it is about a line in the law; personal interests should be set aside: Erik Strimling, Alameda.
Discussed the character of Jill Keimach; urged Council to bring back Ms. Keimach: Christine Chilcott, Alameda.
Expressed concern over Jill Keimach not being evaluated for almost two years and the current evaluation being retaliatory: Sally Rudloff, Alameda.
Discussed sharing the investigative report with Ms. Keimach and releasing it to the public; suggested seeking advice from independent legal counsel; questioned whether the Council has considered progressive discipline; discussed costs: Don Margolis.
Compared Alameda to Washington D.C; stated that she wants hear the recordings and read the original investigative report to make an informed decision; urged Council to not fire the City Manager and turn the report over to the Grand Jury: Katia Huebner, Alameda.
Stated the process has not been completed; the County District Attorney should rule on the taping before Council takes action against Jill Keimach; discussed Closed Session information being leaked to the press: Joe Loparo, Alameda.
Stated a legal process should be followed; the recording should be released; the facts need to be on the table: Marilyn Schumacher, Alameda.
Stated Councilmembers Oddie and Vella should recuse themselves; stated the three remaining Councilmembers should come up with a unanimous decision about how to move forward: Irene Dieter, Alameda.
Stated the process to keep Jill Keimach as the City Manager should be done fairly and not behind closed doors; the matter should be brought to the District Attorney’s office; Councilmembers Oddie and Vella should recuse themselves and not be part of the decision making process because of the conflict of interest; expressed support for keeping Jill Keimach even if she made a small procedural flaw recording the conversation; demanded the tape be released to the public: Rosalinda Fortuna, Alameda.
The meeting was adjourned to Closed Session to consider:
(18- ) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivisions (d)(2) and e(2) of California Government Code Section 54956.9 relating to the allegations made in City Manager Jill Keimach’s October 2, 2017 letter; Number of cases: Three (As Defendant - City Exposure to Legal Action)
(18- ) Public Employee Performance Evaluation; Public Employee Dismissal/Release; Pursuant to California Government Code Section 54957; Employee/Position: Jill Keimach, City Manager
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Mayor Spencer called a recess at 8:49 p.m. and reconvened the meeting at 8:57 p.m.
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Councilmembers Oddie and Vella recused themselves and left the meeting at 10:32 p.m. and returned at 10:43 p.m.
***
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Litigation, City Council unanimously voted to release, on Wednesday, May 2nd, the investigative report compiled by Michael Jenkins; Council unanimously voted to instruct the City Attorney to refer the audio recordings to the Alameda County District Attorney, the Council unanimously voted to give direction to staff on one item, and with three present, Council voted to give direction to staff [Absent: Councilmember Oddie and Vella - 2]; and regarding Performance Evaluation, direction was given to staff, by the following vote: Ayes: Councilmembers Oddie, Vella and Mayor Spencer - 3. Noes: Councilmembers Ezzy Ashcraft and Matarrese - 2.
Adjournment
There being no further business, Mayor Spencer adjourned the meeting at 10:55 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 17, 2018- -6:00 P.M.
Mayor Spencer convened the meeting at 4:17 p.m.
Roll Call - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer - 5.
Absent: None.
The meeting was adjourned to Closed Session to consider:
(18- ) Conference with Labor Negotiators (Government Code Section 54957.6); City Negotiators: Elizabeth D. Warmerdam, Acting City Manager and Nancy Bronstein, Human Resources Director; Employee Organizations: International Brotherhood of Electrical Workers, Local 1245 (IBEW), Electric Utility Professional Association of Alameda (EUPA), Alameda City Employees Association (ACEA), Alameda Police Officers Association Non-Sworn Unit (PANS), and Alameda Management and Confidential Employees Association (MCEA); Under Negotiation: Salaries and Terms of Employment
(18- ) Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Northwest Territories, Alameda Point; City Negotiators: Elizabeth D. Warmerdam, Acting City Manager; and Jennifer Ott, Director of Base Reuse & Transportation Planning; Potential Tenant: East Bay Regional Park District; Issue Under Negotiation: Real Property Negotiations Price and Terms of Payment
(18- ) Conference with Real Property Negotiators (Government Code Aection 54956.8); Property: 120 W Oriskany, Building 530, Alameda, CA 94501; City Negotiator: Nanette Mocanu; Potential Buyer: Nautilus Data Technologies, Inc.; Issue Under Negotiation: Real Property Negotiations Price and Terms of Payment
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Labor, Council received a briefing; regarding Northwest Territories, and Building 530, direction was given to staff.
Adjournment
There being no further business, Mayor Spencer adjourned the meeting at 6:45 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY- -APRIL 17, 2018- -6:45 P.M.
Mayor Spencer convened the meeting at 6:48 p.m. and led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers/Commissioners Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor/Chair Spencer - 5.
[Note: Councilmember Ezzy Ashcraft arrived at 6:51 p.m.]
Absent: None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(18- ) Proclamation Declaring April 16 - 20, 2018 as Boys and Girls Club Week.
Mayor Spencer read the proclamation and presented it to Marc Morales and Claudia LaRoche and students, Boys and Girls Club.
Mr. Morales made brief comments.
(18- ) Proclamation Declaring April 22, 2018 as Earth Day.
Mayor Spencer read the proclamation and presented it to Samantha Summer Janet Magleby, Downtown Alameda Business Association; Linda Asbury, West Alameda Business Association; and Samantha Sommer, Clean Water Action.
Ms. Sommer and Ms. Asbury made brief comments.
(18- ) Proclamation Declaring April 28, 2018 as Arbor Day Alameda.
Mayor Spencer read the proclamation and presented it to Chris Buckley and the Public Works Project Manager.
Mr. Buckley made brief comments.
The Recreation and Parks Director and Public Works Project Manager gave a Power Point presentation.
(18- ) Proclamation Declaring April 2018 as Fair Housing Month.
Mayor Spencer read the proclamation and presented it to Joe Loparo, Karen Lithgow and Angela McIntyre, Bay East Association of Realtors Local Government Relations Commission.
ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 7:17 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY
TO THE COMMUNITY IMPROVEMENT COMMISSION (SACIC)
TUESDAY- -APRIL 17, 2018- -6:59 P.M.
Mayor/Chair Spencer convened the meeting at ----7:17 p.m.
ROLL CALL - Present: Councilmembers/Commissioners Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor/Chair Spencer - 5.
Absent: None.
CONSENT CALENDAR
Councilmember/Commissioner Oddie moved approval of the Consent Calendar.
Councilmember/Commissioner seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*18- SACIC) Minutes of the Special Joint City Council and SACIC Meeting Held on March 6, 2018. Approved.
(*18- CC/18- SACIC) Recommendation to Accept the Investment Report for the Quarter Ending December 31, 2017. Accepted.
ADJOURNMENT
There being no further business, Mayor/Chair Spencer adjourned the meeting at 7:17 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk and Secretary, SACIC
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -APRIL 17, 2018- -7:00 P.M.
Mayor Spencer convened the meeting at 7:17 p.m.
ROLL CALL - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella, and Mayor Spencer - 5.
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
ORAL COMMUNICATIONS, NON-AGENDA
(18- ) Doyle Saylor, Alameda, thanked Vice Mayor Vella and Councilmember Oddie for their support of renters, senior citizens on fixed income, workers, immigrants and many others whom they have spoken up for and supported.
(18- ) Catherine Pauling, Alameda, thanked Vice Mayor Vella and Councilmember Oddie for maintaining professionalism and confidentiality through the sensitive Human Resources matter the City is experiencing.
(18- ) Tony Grimm, Alameda, expressed frustration with the City’s current atmosphere; stated the noise and clamor of national politics has filtered down to Alameda; encouraged others to stop giving opinions on an investigation where facts are still unknown.
CONSENT CALENDAR
Mayor Spencer announced that the Cross Alameda Trail [paragraph no. 18- ]; cannabis permit [paragraph no. 18- ]; Central Avenue project [paragraph no. 18- ]; Community Paramedicine program [paragraph no. 18- ]; Cultural Arts funding [paragraph no. 18- ]; and the Regional Measure 3 and Proposition 69 resolutions [paragraph no. 18- ] were removed from the Consent Calendar for discussion.
Councilmember Oddie moved approval of the reminder of the Consent Calendar.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*18- ) Minutes of the Special City Council Meetings Held on March 20, 2018. Approved.
(*18- ) Ratified bills in the amount of $1,828,272.29.
(18- ) Recommendation to Accept the Work of McGuire and Hester for Cross Alameda Trail - Jean Sweeney Open Space Park, No. P.W. 05-16-11.
Showed a video and gave a historical overview: Dorothy Freeman, Alameda.
Suggested the gates be open when there is not active construction: Brian McGuire, Alameda.
In response to Vice Mayor Vella’s request, the Recreation and Parks Director stated future contracts would allow access; outlined current issues preventing the trail from opening.
Councilmember Ezzy Ashcraft suggested staff get an estimate about temporary fencing costs; stated another community work day could be done.
Mayor Spencer expressed her appreciation for the work done to get the funding extension.
Vice Mayor Vella expressed support for future phases allowing access; concurred with the suggested to have another work day.
Councilmember Oddie moved approval of the staff recommendation.
Vice Mayor Vella seconded the motion, which carried by unanimous voice vote - 5.
(*18- ) Recommendation to Authorize the Acting City Manager to Execute a Second Amendment to an Agreement with Placeworks to Add the Amount of $40,773 for a Total Agreement Amount of $804,730 for the Design of the Jean Sweeney Open Space Park. Accepted.
(*18- ) Recommendation to Accept the Work of Ranger Pipeline Inc. for Cyclic Sewer Rehabilitation Project, Phase 13, No. P.W. 05-16-08. Accepted.
(*18- ) Recommendation to Accept the Work of McGuire and Hester for Construction of Group 3 - Sewer Pump Station Renovations for Reliability and Safety Improvements Project, No. P.W. 03-14-11. Accepted.
(*18- ) Recommendation to Approve Agreement Appointing Elizabeth D. Warmerdam as Acting City Manager and Approve Acting City Manager Pay at $257,403 Annually. Accepted.
(18- ) Recommendation to Approve the Implementing Regulations Governing a Request for Proposals (RFP) Process for Allocating Limited Privilege to Apply for a Cannabis Business Permit and the Request for Proposals.
The Economic Development Manager gave a brief presentation.
In response to Councilmember Ezzy Ashcraft’s inquiry, the Economic Development Manager stated the panel score for each category is an average score, not a collective score.
In response to Councilmember Oddie’s inquiry regarding the July 1st State deadline for testing labs, the Economic Development Manager stated staff recommended not including testing labs in the RFP because of the State deadline; Council wanted to be fair and include testing labs; as a result, any testing labs wanting to come to Alameda will be delayed due to the RFP process.
Councilmember Ezzy Ashcraft inquired what connection the Mastick Recreation Manager has as the health member of the panel.
The Economic Development Manager responded the City does not have individuals with a health background, but the Mastick Recreation Manager is covering that area because she works with seniors on a daily basis and knows a lot about their concerns.
Expressed concern regarding the RFP process: Rich Moskowitz, Alameda Cannabis Times.
Stated that he would love to be part of the Alameda community; he is concerned about the time constraint with the State deadline and the Alameda RFP process: Brian Brandley, Steep Hill Labs.
Urged Councilmembers who voted against access to cannabis to recuse themselves from the item: Phil Redd, Alameda.
Urged Council to consider the time constraint regarding the State deadline: Thomas Blank, Steep Hill Labs.
Stated that she would love for her company to move to Alameda: Suzanne Blank, Steep Hill Labs.
Stated Steep Hill and CW Analytical are the two oldest and most prestigious testing labs in the United States; Steep Hill would like to come to Alameda; urged Council to move quickly to select the labs due to the State deadline: Cathie Bennett Warner, Steep Hill Labs.
Urged Council to address the timeliness for selecting the testing labs; stated labs are different from the other cannabis-related businesses and support the public health and safety of consumers: Emily Richardson, CW Analytical.
In response to Mayor Spencer’s inquiry, the Economic Development Manager stated the ordinance does not require testing labs go through the RFP process; Council’s directed staff to include labs in the RFP; the labs could just apply, as an alternative to the RFP process, and could be on a first-come-first-serve basis; three labs have expressed interest, but only two slots are available.
Mayor Spencer inquired why the list of participating staff does not list the names, to which the Economic Development Manager responded the names were not included in case a staff person leaves; stated the position could be filled without having to come back to Council.
In response to Mayor Spencer’s inquiry, the Economic Development Manager read the participating staff’s names and the areas they would cover.
Mayor Spencer clarified the process regarding staff and the ordinance; inquired why there is a prohibition on research during the selection process.
The Economic Development Manager responded outside research should not be conducted so that the panel would not be biased and could evaluate the proposals on their merit.
Mayor Spencer inquired whether there is ability to request more information on applicants during the evaluation process, to which the Economic Development Manager responded in the negative.
Mayor Spencer inquired whether the process is unique to the cannabis industry, to which the Community Development Director responded the process is a standard for all RFPs; stated evaluations typically do not allow outside research; staff would evaluate whether or not applicants put their best foot forward.
The Acting City Manager stated the questions are the same, but clarifying questions could be asked.
Mayor Spencer inquired whether follow-up questions are allowed, to which the Community Development Director responded in the affirmative; stated the questions are standard with the intent of follow-up questions to clarify.
Mayor Spencer stated that she does not support having a cap on testing labs; she views the matter as a public health and safety issue as well as a jobs issue; she hopes Council can figure out a way to expedite the process for labs and address the cap since there are three labs interested in two spots.
Vice Mayor Vella stated that she wants to make it clear to the public that the ordinance is not trying to slide something in that was not listed; inquired whether there is a public safety panel member, to which the Economic Development Manager responded in the negative.
Vice Mayor Vella inquired whether a vacancy on the panel would be replaced by a member of public safety, to which the Economic Development Manager responded in the negative; stated if a staff member leaves, they would be replaced by someone in the same capacity.
Vice Mayor Vella inquired whether it is possible to expedite the process for the testing labs without making any changes to the ordinance.
The Community Development Director responded if there is an interest in expediting, staff would make a simple revision to the regulations, do a Master RFP process, add a phrase to carve out labs, shorten the time frame and run a more stream-lined or expedited process; stated the RFP is set up to for businesses to apply for an operators permit; another option would be to have a first-come-first-served basis for labs to submit an operators permit application without going through the RFP process.
In response to Vice Mayor Vella’s inquiry whether the City may get sued if the process is changed to a first-come-first-served basis, the Community Development Director stated the City is not legally obligated to do an RFP process; the City issued the RFP because the Council felt it was a fair and equitable way to award a limited number of permits; the process could change and still move forward.
Vice Mayor Vella stated that she concurs with Mayor Spencer that some items in the ordinance should be reviewed later on so the process is not delayed tonight; she is interested in potentially changing some of the numbers; she is concerned that increasing the cap now would delay the process; the issue should come back at later date.
In response to Councilmember Oddie’s inquiry regarding the Other City Departments list, the Economic Development Manager stated the intent is to keep the department list as it is.
Councilmember Oddie stated that he is concerned that accelerating the process or doing a first-come-first-served process may still require more evaluation of the testing labs; inquired whether it is still possible for testing labs to get permits.
The Assistant City Attorney responded nothing in the ordinance requires the City to use an RFP process; what is before Council tonight are the implementation regulations, including the cap; there are two possible options: 1) raise the cap, which may cause a delay and cannot be done tonight, and 2) amend the current regulations for testing labs to follow a different RFP process on a more compressed schedule.
The Economic Development Manager suggested adding a compressed schedule for the labs to do the RFP.
Councilmember Oddie inquired whether eligible applicants could meet the State deadline under a compressed schedule.
The Community Development Director responded it would be tight; stated that she is unsure whether applicants would be able to get through the operators and land use permit process under a compressed schedule; suggested using the first-come-first-served process for labs to meet the July 1st State deadline.
In response to Councilmember Oddie’s inquiry, the Community Development Director stated staff feels comfortable with using a first-come-first-served process.
Mayor Spencer inquired whether a motion or direction is needed, to which the Community Development Director responded Council would need to provide direction to do something different and staff would need to amend the implementing regulations to carve out the labs.
Councilmember Ezzy Ashcraft stated the ordinance allows four manufacturing facilities and only two testing labs; she would like to do whatever is necessary to expedite the process for the testing labs and is tempted to raise the cap to four or lift the cap altogether; inquired whether changing the process would impact staff’s workload.
The Community Development Director responded staff would have to come back to Council with an ordinance amending the existing ordinance to lift cap, which could not occur before the July 1st deadline; the other option is to start with two labs, and deal with changes on a different track if there is more interest.
In response to Councilmember Ezzy Ashcraft’s inquiry, the Community Development Director stated the program is intended to be revenue neutral and additional resources could be hired to assist in the effort.
Councilmember Ezzy Ashcraft stated there is a requirement that businesses with an award letter may be disqualified if they fail to apply for their cannabis business permit within 60 days; inquired what circumstances would lead to disqualification.
The Community Development Director responded the disqualification language was included to compel awardees to open their business and not sit on the permit; stated no progress might be the basis for disqualification.
Councilmember Ezzy Ashcraft stated that she would be interested to see what can be done to get more labs and get them in under the State deadline.
Mayor Spencer inquired whether Councilmember Ezzy Ashcraft is interested in removing the cap.
Councilmember Ezzy Ashcraft responded that she would defer to staff; stated there is no point to do something quickly if staff will be inundated; she would consider raising the cap to four labs.
Councilmember Matarrese stated the labs are the lowest risk of the three segments, but the most important because it is quality control; he is open to doing what is necessary to allow the labs to meet the State deadline; he wants to make sure the labs are qualified; the ability to find qualified labs is lost with a deflated RFP process; Council should spend time in Council meetings launching the program instead of adjusting the program; inquired how the City will get a qualified lab to submit a permit.
The Economic Development Manager responded replacing the RFQ process with the permit application process on a first-come-first-served basis would be a more rigorous process; stated there are more questions and requirements.
Mayor Spencer stated that she would like staff to look at a parallel path of either increasing the cap, or removing the cap entirely.
Vice Mayor Vella moved approval of the implementing regulations with an amendment to pull out labs from the RFP process and do a first-come-first-served process, and having parallel track to have the ordinance come back to Council so that the process is not delayed.
Councilmember Oddie seconded the motion; stated the process should be a rolling-application process; he would like to come back with the cap number.
Mayor Spencer stated her preference is no caps.
Councilmember Matarrese request the motion be bifurcated to first allow for the first-come-first-served process, and second do the ordinance.
Vice Mayor Vella stated it is not her preference to bifurcate the motion as Council is still on the Consent Calendar and she does not want to have the item keep going.
Councilmember Matarrese stated he is ready to vote.
Vice Mayor Vella agreed to bifurcate the motion.
Councilmember Vella moved approval of carving out labs as first come first serve.
Councilmember Oddie seconded the motion, which carried by unanimous voice vote - 5.
Vice Mayor Vella moved approval of having staff come back with the ordinance relative to the cap, either to remove the cap or increase it.
Mayor Spencer seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Oddie, Vella and Mayor Spencer - 4. Noes: Councilmember Matarrese - 1.
Councilmember Vella moved approval of the RFP with labs carved out.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.
(18- ) Recommendation to Authorize the Acting City Manager to Execute a Cooperative Agreement with the Department of Transportation (“Caltrans”) in an Amount not to Exceed $184,000 for Caltrans to Review and Approve the Project Initiation Document (PID), which is Required by Caltrans, to Determine the Project’s Scope, Cost and Schedule for the Central Avenue Safety Improvement Project; and Execute a Contract with CDM Smith in the Amount of $372,928, Including Contingency, for Engineering, Planning, and Outreach Services to Prepare the PID.
Vice Mayor Vella recused herself and left the dais.
The Transportation Coordinator gave a brief presentation.
Councilmember Matarrese inquired whether Caltrans will approve the plan for Central Avenue or Webster Street, to which the Transportation Coordinator responded in the affirmative; stated Caltrans will conceptually approve all the scenarios to further analyze in the next phase.
Councilmember Matarrese inquired whether Caltrans could eliminate a scenario, to which the Transportation Coordinator responded in the affirmative.
Councilmember Ezzy Ashcraft inquired what further Caltrans approvals will be required, to which the Transportation Coordinator responded further design documents, construction and environmental documents; stated everything needs to be approved because the funding is federal money.
Councilmember Ezzy Ashcraft inquired whether the grant funds are anticipated, to which the Transportation Coordinator responded in the affirmative; stated staff is looking at additional funding sources for the project.
Stated Bike Walk Alameda is looking forward to the project moving forward: Brian McGuire, Bike Walk Alameda.
Urged Council to move forward with the project: Denyse Trepanier, Bike Walk Alameda.
Stated businesses should not be restricted and need to be at the table for all discussions: Linda Asbury, West Alameda Business Association.
Councilmember Oddie moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Ezzy Ashcraft inquired whether a traffic count has been conducted, to which the Transportation Coordinator responded in the affirmative; stated there have been more traffic counts; the information will be compiled and given to the consultants.
In response to Mayor Spencer’s inquiry regarding the Webster Street and Central Avenue process, the Transportation Coordinator stated Council approved the 1.7 mile corridor project in February but asked staff to come back with alternatives for the Webster Street/Central Avenue intersection; staff plans to bring all the scenarios to Council, along with a preliminary environmental report prior to seeking key stakeholders’ approval for the next phase.
Councilmember Matarrese stated that he would love to see West Alameda Business Association (WABA) and Bike Walk Alameda work hand in hand.
On the call for the question, the motion carried by unanimous voice vote - 4. [Absent: Vice Mayor Vella - 1.]
(*18- ) Recommendation to Authorize the Acting City Manager to Execute a Second Amendment to the Agreement with the County of Alameda Extending the Term of the Community Paramedicine Pilot Program; and
(*18- A) Resolution No. 15365, “Amending the Fire Grant Funds Budget for Fiscal Year 2017-18 by $142,000 for Costs Associated with the Extension of the Community Paramedicine Pilot Program.” Adopted.
(18- ) Recommendation to Accept the Public Art Commission’s Cultural Arts Funding Recommendations; and
(18- A) Resolution No. 15366, “Amending the Public Art Fund Budget to Appropriate Up to $67,500 for Cultural Arts and Arts Programming in Alameda.” Adopted.
The Management Analyst gave a Power Point presentation.
Councilmember Oddie moved approval of the staff recommendation.
Vice Mayor Vella seconded the motion.
Under discussion, Mayor Spencer inquired why some money was not distributed during the process.
The Management Analyst responded two categories were not awarded: the $15,000 and $5,000 categories; stated the money remains in the Public Art Fund; the Public Arts Commission has met and directed staff to develop a new RFP to re-release the money.
On the call for the question, the motion carried by unanimous voice vote - 5.
(*18- ) Resolution No. 15367, “Approving Projects to Be Paid for by the State’s Road Maintenance and Rehabilitation Account for Fiscal Year 2018-19.” Adopted.
(*18- ) Resolution No. 15368, “Supporting Regional Measure 3 (RM 3), the Bay Area Traffic Relief Plan.” Adopted and
(18- A) Resolution No. 15369, “Supporting Proposition 69 and Opposing Senate Bill 1 (SB 1) Repeal, to Protect Local Transportation Improvements in SB 1.” Adopted.
The Transportation Coordinator gave a brief presentation.
Stated that she opposes Measure 3; read an editorial written by Congressman Mark DeSaulnier: Carol Gottstein, Alameda.
In response to Mayor Spencer’s inquiry regarding the process and whether Alameda was guaranteed to receive benefits, the Transportation Coordinator stated an oversight board oversees the process; Congressman DeSaulnier’s article was not from a planning process; the core capacity transit study is a region-wide analysis for Bay Area needs; the short term and midterm benefits are more easy to quantify; long term needs and benefits have not been fully analyzed; there is $50 million in the study to analyze a second trans bay tube, which is not defined yet.
Mayor Spencer inquired whether the toll increase would return to voters for review and if the amount can keep increasing.
The Transportation coordinator responded the toll increases $1.00 per year and freezes at $3.00.
In response to Mayor Spencer’s inquiry, Vice Mayor Vella stated it is her understanding that there are three proposed increases to various tolls; there would have to be vote for another Measure to increase the tolls again.
Councilmember Ezzy Ashcraft stated one of the things RM3 aims to do is discourage single occupancy travel; the toll increases fund transit options to get people out of their cars and also cleans up the roadways.
Mayor Spencer inquired whether staff knows for certain if there is ability to increase the toll beyond $3.00, to which the Transportation Coordinator responded it is her understanding the toll has never increased without going back for a vote.
Councilmember Oddie moved adoption of the resolutions.
Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5.
***
Mayor Spencer called a recess at 9:01 p.m. and reconvened the meeting at 9:09 p.m.
***
(*18- ) Resolution No. 15370, “Authorizing the Acting City Manager to Execute Documents Necessary to Accept Grant Funding from the Alameda County Transportation Commission (ACTC) for Three Transportation Projects.” Adopted.
(*18- ) Ordinance No. 3210, “Approving a Second Amendment to a License with Amber Kinetics, Inc. for Twenty-Four Months for Use of an Unimproved Lot Located at 641 West Red Line Avenue at Alameda Point and Authorizing the Acting City Manager to Execute the Necessary Documents.” Finally passed.
(*18- ) Ordinance No. 3211, “Approving a Lease and Authorizing the Acting City Manager to Execute Documents Necessary to Implement the Terms of a Lease with Faction Brewing Company, LLC a California Limited Liability Company, for a Ten-Year Lease with Two Ten-Year Extension Options for Building 22, Bay 200 Located at 2501 Monarch Street at Alameda Point.” Finally passed.
REGULAR AGENDA ITEMS
(18- ) Resolution No. 15371, “Authorizing the Use of $1.67 Million of the Base City Allocation (Alameda County Measure A1 Housing Bond Funds) to Support the Rosefield Redevelopment Project, as Required for Application to Alameda County Rental Housing Development Fund (700 Block of Eagle and Buena Vista Avenues).” Adopted.
The Housing Authority Housing and Community Development (HADHC) Director gave a Power Point presentation.
Councilmember Matarrese inquired what will happen to the people currently living in the units, to which the HADHC Director responded the tenants will remain in the units; stated tenants are being slowly relocated from the 40 modular units that need to be demolished; the relocations will take place over the course of next year until funding is received; the Housing Authority will pay 100% of relocation costs; current tenants have a preference to return to the property.
Councilmember Matarrese inquired whether the tenants have a guarantee to come back, to which the HADHC Director responded if the tenant relocates into another Housing Authority property, they do not have preference to return to the unit; if the tenant moves elsewhere, like with family or another place, they do get the preference.
Councilmember Matarrese inquired why it is not feasible to rehab portable units.
The HADHC Director responded the project started with the reuse scenario, but the engineer reports indicated the buildings are not conventionally framed and technically cannot be rehabilitated.
Councilmember Matarrese inquired whether there was any thought of using modern prefab modules to speed construction along and reduce cost without compromising quality.
The HADHC Director responded in the affirmative; stated the project has a fair amount of opportunity for production type construction; costs keep increasing; the unit size of the project is standardized, which is a benefit of production influence; the Housing Authority has engaged a green building consultant to get most cost effective utilities in the building.
The HADHC Director continued the presentation.
Vice Mayor Vella concurred with Councilmember Matarrese regarding modular construction; stated a number of facilities are 100% signed with labor at Mare Island and Lathrop, which produced units for $50,000 each; the Phoenix Project in Oakland is producing 1,000 modular units which can be configured to be 250 square foot or more living space; the benefit of the modular units is that they can be mass-produced without weather delays and there is no disruptions to and from the community; different module designs, with green components, have value; it is important to get the most bang for the buck.
Councilmember Ezzy Ashcraft moved adoption of the resolution authorizing the use of $1.67 million of the Base City Allocation (Alameda County Measure A1 Housing Bond Funds) to support the Rosefield Redevelopment Project, as required for application to Alameda County Rental Housing Development Fund.
Vice Mayor Vella seconded the motion.
Under discussion, Mayor Spencer inquired about the project’s green components.
The HADHC Director responded the project will have a solar system for common areas; the tenant units will have a high efficiency water system, efficient windows, doors, natural materials for floors and cabinets, landscaping will be planted with native plants, and natural light will be used.
Mayor Spencer inquired whether there will be electric charging stations, to which the HADHC Director responded in the affirmative; stated there will also be bike storage and transit passes.
Mayor Spencer inquired about the durability of the units, to which the HADHC Director responded the units will be constructed of very durable products; stated the State tax credit program has durable regulations; corridors will be solid, not hollow, which is meant to take wear and tear.
Councilmember Matarrese inquired whether affordable housing projects, such as Rosefield, could be put in front of the line for permits and applications in Planning and Building.
The Community Development Director responded the City has been working closely with Housing Authority staff; stated the City is prepared to take the application and process it quickly and expeditiously.
On the call for the question, the motion carried by unanimous voice vote - 5.
(18- ) Recommendation to Approve the Webster Street Business Improvement Area (BIA) Annual Assessment Report; and
(18- A) Resolution No. 15372, “Intention to Levy an Annual Assessment on the Webster Street BIA of the City of Alameda for Fiscal Year (FY) 2018-19 and Set a Public Hearing for May 1, 2018 to Levy an Annual Assessment on the Webster Street BIA.” Adopted.
The Development Manager gave a brief presentation.
Linda Asbury, West Alameda Business Association (WABA), gave a Power Point presentation.
***
Vice Mayor Vella left the dais at 9:36 p.m. and returned at 9:37 p.m.
***
Councilmember Oddie moved approval of the staff recommendation.
Councilmember Vella seconded the motion.
Under discussion, Mayor Spencer noted WABA has a strong group that hosts amazing events; stated the group collaborates well with staff to attract new business and energy.
On the call for the question, the motion carried by unanimous voice vote - 5.
(18- ) Recommendation to Approve the Park Street Business Improvement Area (BIA) Annual Assessment Report; and
(18- A) Resolution No. 15373, “Intention to Levy an Annual Assessment on the Park Street BIA of the City of Alameda for Fiscal Year (FY) 2018-19 and Set a Public Hearing for May 1, 2018 to Levy an Annual Assessment on the Park Street BIA.” Adopted.
The Development Manager gave a brief presentation.
Janet Magleby and Donna Layburn, Downtown Alameda Business Association (DABA), gave a Power Point presentation.
In response to Mayor Spencer’s inquiry regarding public water access, Ms. Magleby stated that she had a conversation with the Recreation and Parks Director regarding water access near Dragon Rouge; there would be lockers and access for paddleboard, kayaks, etc.
Mayor Spencer stated discussions are coming up and she wants to make sure DABA’s vision is part of the outreach; she supports DABA staff for amazing events; the new additions bring more interests and energy.
Councilmember Oddie thanked DABA for the presentation; stated a new start is exciting.
Councilmember Ezzy Ashcraft thanked DABA for a nice job; stated that she is impressed with the newsletters; inquired whether City staff has been working well with DABA regarding safety and homelessness issues.
Ms. Magleby responded in the affirmative; stated staff has been helpful; homelessness is a situation that could get away from everyone quickly; there are hotspots in the district and DABA is trying to tackle some of the issues.
Vice Mayor Vella moved approval of the staff recommendation.
Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5.
(18- ) Introduction of Ordinance Approving a Lease and Authorizing the Acting City Manager to Execute Documents Necessary to Implement the Terms of the Lease with Play House, LLC for Ten Years with One Five-Year Renewal Option in the Historic Alameda Theatre, Located at 2319 Central Avenue. Introduced.
The Assistant Community Development Director gave a brief presentation.
Councilmember Matarrese stated making sure the space does not get papered over and giving the new tenant time to renovate to the specifications is a good strategy.
Councilmember Matarrese moved introduction of the ordinance.
Vice Mayor Vella seconded the motion.
Under discussion, Mayor Spencer inquired whether there was coordination with Cinema Grill and other tenants on how to make the new tenant successful.
The Assistant Community Development Director responded in the negative; stated the business plan is similar to the former tenant, Burgermeister, and hopefully will be more successful.
Mayor Spencer stated the area could benefit from more focus to make it more vibrant and successful.
The Assistant Community Development Director stated Director’s Cut will have the opportunity to bring fresh air into the location with a new menu and venue; new life should be added as new restaurants in town always create a buzz.
Councilmember Ezzy Ashcraft stated that she was enthused when she read the report; Director’s Cut has a good track record.
On the call for the question, the motion carried by unanimous voice vote - 5.
(18- ) Introduction of Ordinance Approving a Lease and Authorizing the Acting City Manager to Execute Documents Necessary to Implement the Terms of a Forty-Eight Month Lease for 44,000 Square Feet with Shimmick/CEC Joint Ventures, for a Portion of Building 170, Located at 1770 Viking Street at Alameda Point. Introduced.
The Assistant Community Development Director gave a brief presentation.
In response to Councilmember Matarrese’s inquiry, Scott Anderson, California Engineering Contractors, stated 20 trips a day is the worst case scenario.
Mayor Spencer inquired whether containers would be stored at the location, to which Mr. Anderson responded in the negative; stated the trucks are flat racks carrying materials; it is a material yard, not an equipment yard; there will be no wide loads or permitted loads.
In response to Mayor Spencer’s inquiry regarding the path, Mr. Anderson stated based in the size of the trucks, there are no restrictions.
Mayor Spencer inquired whether the plan means four trucks could leave Alameda during rush hour through the Tube, to which the Assistant Community Development Director responded in the affirmative.
Councilmember Matarrese stated that he has a long standing aversion for using space for storage or parking materials; there are no jobs and no benefit to the City other than rent being collected; he is concerned about the number of trucks; inquired whether the City is receiving some benefit from BART.
The Assistant Community Development Director responded in the negative; stated the proposal is revenue generating; the building is currently vacant and the lease is short-term; it is an opportunity to generate new revenue.
Councilmember Matarrese inquired whether there has been any other interest, to which the Assistant Community Development Director responded in the negative; stated Shimmick is not using the whole building.
Mayor Spencer inquired whether the trucks are standard diesel trucks, to which Mr. Anderson responded the trucks are both diesel and gas.
Councilmember Ezzy Ashcraft stated the important public purpose is the materials are used for the BART retrofit; safety is important; she is concerned with the number of trucks going out during rush hour; inquired whether it is possible to limit the number or have no trucks going back out during the busy stream.
The Acting Assistant City Manager stated staff and the leasing team has been trying to find short-term leases to bring in revenue; Shimmick is paying three times the rent of the prior tenant to backfill the loss of revenue from some of the MARAD ships leaving.
Mayor Spencer stated four years is still a long “short-term” lease.
The Acting Assistant City Manager stated there is an 18-month clause in the contract; negotiating a transaction for Site B would take at least three to four years from start to finish; the contract does not inhibit the City’s ability to move forward with a larger transaction.
Mayor Spencer stated that she will not be able to support the item because of the traffic going in and out of Tube; she appreciates making up for the monetary loss, but the diesel trucks and idling traffic is not a good fit for the community and the Tube; it would be a huge impact to Alameda.
In response to Councilmember Oddie’s inquiry regarding annual revenue, the Acting Assistant City Manager stated the annual revenue is $290,000; the City lost approximately $1 million because of the loss of larger MARAD ships.
Councilmember Oddie inquired what the City is receiving for the space now, to which the Acting Assistant City Manager responded the space is vacant with no current revenue.
Councilmember Oddie inquired whether staff could find another tenant, to which the Assistant Community Development Director responded in the negative; stated Cushman and Wakefield took three months to find Shimmick.
Councilmember Oddie inquired whether a heavier industrial use tenant would be more suitable for the space, to which the Assistant Community Development Director responded in the affirmative; stated such a tenant may need more capital improvements; there is no need to do any improvements with this tenant since the space is just being used for storage.
The Acting Assistant City Manager stated the space is difficult to market and there is no long term use.
Councilmember Oddie stated the choice is to leave the property fallow or generate $1.4 million over the next four years.
In response to Vice Mayor Vella’s inquiry, Mr. Anderson stated the duration of the project is 40 to 48 months; the company’s last project was demolition of the Bay Bridge; a prior BART project is similar to what they are doing with BART now; the 44,000 square feet space will produce a relatively small amount of traffic; diesel is a completely different technology and the standards of pollution is completely different from 20 years ago.
Vice Mayor Vella inquired how many vehicles can go in and out if the tenant were to maximize use of the space.
Andrew Schmieder, Cushman & Wakefield, responded it would vary, but the trucks the space would accommodate could be two or three times bigger; stated it is a big space for the market.
In response to Mayor Spencer’s inquiry regarding public notice and reaching out to the neighborhood, the Assistant Community Development Director stated tenants have to go through a public process to obtain a use permit, but there is no public process for the lease itself; the tenant already obtained a use permit.
The City Attorney stated after 18 months, the City can give the tenant notice of termination and cannot ask them to leave.
Councilmember Oddie inquired whether there is a report back to track the trips to see if there are problems, to which Mr. Anderson responded in the affirmative.
The Acting Assistant City Manager stated the Council could consider some flexibility regarding the number of trucks or limiting the schedule to one that the tenant is willing to consider.
***
(18- ) Mayor Spencer stated a motion is needed to consider the remaining items: minimum wage [paragraph no. 18- ] and the Sanctuary City contracting referral [paragraph no. 18- ].
Vice Mayor Vella moved approval of considering the remaining items.
Councilmember Matarrese seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
***
The Assistant Community Development Director inquired whether Council would like staff to make edits to the ordinance for the truck transportation.
Councilmember Matarrese stated that he is more concerned about tying up the building for four years; there may be more interest since Site A is moving forward; he does not want the lease to be an impediment for a job generation or an innovative business in the space; inquired about the termination notice.
The City Attorney responded the City would have to give the tenant at least six months to leave.
The Assistant Community Development Director clarified the tenant could stay for a minimum of two years.
The Acting Assistant City Manager stated the lease would not interfere with the opportunity if a better tenant comes along.
Councilmember Matarrese stated that he would recommend a provision to examine the truck logs and make a prohibition for trucks leaving during a certain time.
Mr. Anderson stated it is tough for him to make a decision right now; he and his company will work with the City on whatever is needed to approve the lease.
Vice Mayor Vella stated it seems arbitrary to limit or prohibit the time of travel; the City could work with the tenant on a different route and give flexibility; prohibiting the trucks would stymy BART progress; suggested having a check-in and staff come back to Council if there is other interest.
In response to Mayor Spencer’s inquiry regarding teamsters, Vice Mayor Vella clarified the union structure; stated specific locals have separate leadership.
Councilmember Ezzy Ashcraft stated that she cannot, in good conscious, impact Alameda commuters; she would be amenable to have the trucks come in, but not go out during the commute hours, and to structure the work to go behind the commute traffic; she is mindful of the need to backfill revenue.
Mr. Anderson stated the business does not gain anything by having trucks stuck in traffic; they would not schedule drivers to just sit in traffic; Public Works reviewed the traffic routes, City staff and Planning has been involved to determine what the space could support; based on the recommendations, the space and schedule would allow Shimmick to support the BART project.
Councilmember Ezzy Ashcraft inquired whether Shimmick could commit to the agreement restricting going through Tube from 6 to 9:00 a.m.
Mr. Anderson responded Shimmick could live with 7:00 to 9:00 a.m. with non-scheduled trucking on a five-day schedule.
In response to Vice Mayor Vella’s inquiry regarding noise complaints during the earlier time, the Acting Assistant City Manager stated there have been no complaints as there is a precedence.
In response to Mayor Spencer’s inquiry, Mr. Anderson stated the standard shift is 7:00 a.m. to 3:00 p.m. to provide project support during day time hours.
Councilmember Oddie moved introduction of the ordinance, with direction for staff to negotiate regarding the truck schedule.
Councilmember Matarrese seconded the motion.
Under discussion, Councilmember Ezzy Ashcraft inquired whether the change is minor enough to constitute tonight as the first reading.
The City Attorney responded the change could be added to the rules and regulations and is a minor change; Council could move forward with the direction and have the first reading tonight.
Mayor Spencer stated that she would like more information for the community when the item comes back; she would like to see routes and truck size; she does not want any surprises for the community.
Vice Mayor Vella inquired when was the use permit granted and was there a process.
The Community Development Director responded the use permit would have been heard by Zoning Administrator with a 20-day notice period; the public process includes an ad in the paper and noticing within 300 foot radius of the site.
Mayor Spencer stated the use permit process was internal; she would like to share more information and pictures with the community.
The Community Development Director stated the standard process for the type of use was followed; nothing about the process was different.
Mayor Spencer stated there was a lot of push-back with a previous containers item and she would like to publicly share more information with the community.
Councilmember Oddie moved approval of calling the question.
Vice Mayor Vella seconded the motion to call the question, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
On the call for the question on the original motion, the motion carried by unanimous voice vote - 5.
(18- ) Recommendation to Review Staff’s Analysis and Provide Direction on Possible Next Steps, including Community Outreach, Determining Potential Fiscal Impacts, and Returning with a Minimum Wage Ordinance.
The Economic Development Manager gave a Power Point presentation.
***
(18- ) Mayor Spencer stated a motion is needed to continue the meeting past 11:00 p.m.
Vice Mayor Vella moved approval of continuing the meeting.
Councilmember Matarrese seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
***
The Economic Development Manager continued the presentation.
Councilmember Matarrese inquired whether other ordinances have an age threshold.
The Project Planner responded in the negative; stated some ordinances have exceptions for job training programs, but there was not a lower minimum wage for minors.
Mayor Spencer inquired whether the 87% Recreation and Park employees and 5% library employees are all minors.
The Economic Development Manager responded in the negative; stated they are part-time employees; some are minors and some are not.
The Acting City Manager stated most minors work in the Recreations and Park Department; there are very few minors at the Library; all full-time employees are not at minimum wage.
Mayor Spencer stated that she would like to find a way to survey residents who commute off island to go to a minimum wage job; community outreach could start with the Mayor’s Economic Advisory Panel (EAP); the EAP could propose or tackle the issue and recommend an appropriate public engagement process.
Councilmember Ezzy Ashcraft stated the City needs to do it right; regardubg the community outreach, not too many of EAP folks would have minimum wage job sources; the Chamber of Commerce may be more likely to have sources for outreach; she would leave it for staff to do the most effective outreach; potential fiscal impacts to the City’s budget need to be reviewed; she does not like seeing Alameda lag so far behind in the region; she would like to proceed as quickly as possible; inquired when an ordinance could come back for a first reading.
The Economic Development Manager responded the earliest an ordinance can come back for a first reading is September 4th, but staff recommends late November or early December.
Vice Mayor Vella stated that she feels Alameda is incredibly behind on the minimum wage issue; businesses are having a difficult time competing; neighboring cities already increased minimum wage; Alameda needs to plan a faster track and she would like an ordinance to come back in September; she would like an estimate relative to the budget; she does not disagree with the outreach strategy, but would like to be able to provide decent jobs within Alameda; the sooner fiscal impacts to the City are known, the better; both scenarios presented assume that Alameda moves to a certain year without bifurcating tiers; inquired whether or not Council recommended bifurcating the scenarios.
The Economic Development Manager responded the scenarios were presented as two tiers for the Council, but could be done in another way, per Council direction.
In response to Vice Mayor Vella’s inquiry, the Economic Development Manager stated staff does not have a recommendation to do the scenarios one way or another.
Mayor Spencer stated the scenarios were not part of the original Council referral.
Vice Mayor Vella stated that she recommends proposing specific scenarios when conducting public outreach, rather than leaving it open.
The Economic Development Manager stated there were more scenarios, but staff removed some from the staff report because it became convoluted.
Vice Mayor Vella stated what she wants to know is if there is a strong feeling to bifurcate the small businesses rather than fishtailing it.
The Economic Development Manager responded if Alameda has one minimum wage level, it would be easier for staff to monitor; it will be harder for smaller employers to ramp up an spend more money to get to the increased minimum wage level; staff would come back with an option for the Council.
Vice Mayor Vella stated her concern with Scenario 1 is that larger employers are on the same schedule as the State to reach $15.00/hour which ramps up quicker but drops off; she would like to hear from the Council whether the goal is to get to $15.00 per hour earlier; she would choose Scenario 2 over Scenario 1; she would like to get a fixed timeline and a date certain as to when the item will come back to Council.
Councilmember Oddie stated Scenario 2 is more palpable; he understands the comparison issue, but Alameda has to stay cognizant that neighboring cities are the competitors in terms of minimum wage jobs for residents; it is good to look at similar demographically-based cities; time is running short; concurred with Councilmember Matarrese to look at other ordinances.
Mayor Spencer stated the bigger chain stores, such as Starbucks, do not have the ability to change what they pay employees and have to pay minimum wage; she would like to find out how the big stores would be impacted; she would also like to know the impact on Alameda’s small businesses and whether locally-owned businesses could increase the pay themselves.
Councilmember Ezzy Ashcraft stated that she would not differentiate between youth; young people are working to help support their families; Council is putting a lot on staff’s plate; she would like to increase the minimum wage across the board now instead of doing phasing.
Vice Mayor Vella stated the issue is minimum wage, not a living wage; Alameda is still below the living wage; she would like to move ahead with something; she prefers Scenario 2 which is a ramp up; the City does not get a pass; both small and large businesses are being treated the same.
Councilmember Matarrese stated time is precious; Council should choose an ordinance to review and model after, instead of constructing a new one to have a shorter timeframe and Council could voting on the matter in September.
The Acting City Manager stated staff will work as quickly as possible on the issue but, needs time to do the work; the focus is on the workers but it is important to get input from WABA and DABA as well; another component that needs discussion is enforcement; there is no enforcement mechanism right now.
In response to Mayor Spencer’s inquiry, Councilmember Matarrese stated that he does not want to task staff with writing an ordinance; he agrees that community outreach is important.
Vice Mayor Vella stated that she would like to see community outreach, but does not want it to get in the way of or delay the item from coming back to Council in a timely manner.
Councilmember Matarrese moved approval of directing staff to synthesize Council comments and select an ordinance from other cities that can be reviewed by a community outreach process and brought back to Council in September.
Vice Mayor Vella seconded the motion.
Under discussion, Mayor Spencer stated that she would like to see fiscal impact information, the comprehensive list of comments from the outreach, and, if possible, a survey of the people who go off island for a minimum wage job.
Councilmember Ezzy Ashcraft stated that is not part of the motion.
Mayor Spencer stated that she made the comments earlier; many people included in the outreach groups do not earn minimum wage; it is important to hear their voices.
The Acting City Manager stated the more outreach staff does, the longer it will take to bring the item back to Council.
Mayor Spencer stated that she would like some kind of intentional outreach for folks earning minimum wage.
Vice Mayor Vella moved approval of calling the question.
Councilmember Ezzy Ashcraft seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
On the call for the question on the original motion, the motion carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
CITY MANAGER COMMUNICATIONS
(18- ) The Acting City Manager announced the City and the School District will be hosting an event called In the Mix on Saturday, April 28th at the Island High School from 10:00 a.m. to 4:00 p.m.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(18- ) Update on Tracking of Council Direction through the Referral Process.
(18- ) Consider Directing Staff to Return with a Sanctuary City Contracting and Investment Ordinance. (Vice Mayor Vella)
Vice Mayor Vella made brief comments regarding the referral.
Urged Council to adopt an ordinance and make a stand tonight; stated there is a need for another mechanism to de-incentivize companies who profit on data collection: Brian Hofer, Oakland Privacy.
Stated that if Alameda truly wants to be a Sanctuary City, it cannot have contracts with companies that target vulnerable communities who are concerned about their data; urged Council to pass the ordinance: Sameena Usman, Council on American-Islamic Relations.
Stated the heart and people of Alameda, the inclusiveness and diversity is the real reason why her group supports the Sanctuary City; urged Council to oppose Immigration and Customs Enforcement (ICE) and approve the ordinance: Cheri Johansen, Alameda Progressives.
Urged Council to support the ordinance: Mike Katz Lacabe, Oakland Privacy.
Councilmember Oddie stated that he concurs with Vice Mayor Vella; approving an ordinance is a power Council has as individuals and as a community; there is no threat of federal funding cuts; he is fully prepared to support the ordinance.
Councilmember Matarrese stated the referral is a logical extension of what the Council did when it declared Alameda a Sanctuary City; staff should review the ordinance and bring it back to Council for an update at the workshop.
In response to Mayor Spencer’s inquiry, the City Attorney stated the ordinance cannot be adopted as a first reading tonight because it was not noticed.
Councilmember Ezzy Ashcraft stated that she is not opposed to having staff review the ordinance and implications; she is mindful of the risks; Council balances a lot of different interests; she is impressed with the work Mr. Kofer has done; she supports staff reviewing the ordinance and coming back to Council.
Mayor Spencer concurred with Councilmember Ezzy Ashcraft; stated that she would like staff to look at the ramifications; there is a lot of technical language in the ordinance; she wants to find the real asks, the impact and the cost; it is important to hear from the Police Chief; Alameda should do its best to protect the safety of every person regardless of immigration status.
Vice Mayor Vella stated as point of order, legal should review the ordinance, but come back in timely manner; review of existing contracts has to happen; the City still has joint solution license plate readers; the referral is trying to find out what contracts the City has.
Mayor Spencer inquired whether Vice Mayor Vella is going to make a motion.
Vice Mayor Vella responded she understands the concern regarding the amount of time it will take to review the proposed ordinance and go through the contracts; she would like to establish a protocol and practice for the review and have it be transparent.
Vice Mayor Vella moved approval of directing staff to look at adopting the sample ordinance for a Sanctuary City contracting and investment ordinance and come back with an analysis of the proposed ordinance.
Councilmember Member Oddie seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer - 1.
COUNCIL COMMUNICATIONS
(18- ) Councilmember Ezzy Ashcraft announced she attended the League of California Cities Housing and Community Economic Development Statewide Policy Committee meeting.
ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 12:05 a.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.