Title
Minutes of the Special and Regular City Council Meeting Held on September 3, 2024. (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -SEPTEMBER 3, 2024- -6:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 6:01 p.m.
Roll Call - Present: Councilmembers Daysog, Herrera Spencer, Jensen, and Mayor Ezzy Ashcraft - 4.
Absent: Councilmember Vella - 1.
The meeting was adjourned to Closed Session to consider:
(24- ) Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9(a); Case Name: City of Alameda v. Greenway Golf Associates, Inc.; Court: Alameda County Superior Court; Case No: 22CV011964
Following the Closed Session, the meeting was reconvened and the City Clerk announced that staff provided information and no vote was taken.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:51 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 REGULAR CITY COUNCIL MEETING
TUESDAY- -SEPTEMBER 3, 2024- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:05 p.m. Vice Mayor Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft - 5. [Note: Councilmember Vella arrived at 7:19 p.m.]
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(24- ) Proclamation Declaring September 2024 as National Hispanic and Latino Heritage Month.
Mayor Ezzy Ashcraft ready the proclamation.
Discussed a different proclamation: Brian Kennedy, Alameda.
Stated Councilmember Herrera Spencer should have read the proclamation: Tod Hickman.
Expressed concern about Councilmember Herrera Spencer not reading the proclamation: Shelby Sheehan.
Councilmember Herrera Spencer expressed her appreciation for the proclamation.
ORAL COMMUNICATIONS, NON-AGENDA
(24- ) Brian Kennedy, Alameda, discussed an immigration ceremony on the USS Hornet.
(24- ) Maria Henderson, AC Transit, discussed AC Transits realign project; outlined public comment opportunities and next steps.
In response to Councilmember Daysog’s inquiry, Ms. Henderson provided the website.
(24- ) Gabriel Duncan, Alameda Native History Project, provided a handout; urged Council to apologize to the Muwekma Ohlone Tribe for the destruction of shell mounds, return tribal cultural objects and grave goods, and investigate the disappearances of Alameda remains from the Alameda Museum; urged Council to create a webpage with instructions on what to do if a burial is discovered while digging in Alameda City limits.
(24- ) Tod Hickman showed a photo; discussed politicians and the Alameda Point Environmental Impact Report.
Mayor Ezzy Ashcraft stated the previous speaker has stated falsehoods; she poses for many photos with many people and has had no further contact with the person; read a jury instruction.
Councilmember Herrera Spencer stated it is her understanding that she gets to make her point when calling for a point of order.
The City Clerk responded the Chair must gain control of the meeting before a point of order can happen.
Councilmember Herrera Spencer disagreed; inquired when is a point of order responded to; stated it is inappropriate; Council is not allowed to respond to public speakers during public comment.
The City Clerk responded the rules of order do not state Councilmembers cannot comment.
In response to Councilmember Herrera Spencer’s inquiry about responding to a point of order, the City Clerk stated the Chair must gain control of the meeting.
Councilmember Herrera Spencer stated it is disrespectful of the Mayor to make comments and interrupt the members of the public, which is not what has been done historically.
The City Clerk responded the Mayor waited until after the public comments were done and did not interrupt anybody.
Mayor Ezzy Ashcraft stated public comment does not comprise hecklers from the gallery.
Councilmember Herrera Spencer responded that is a misstatement; inquired whether a speaker has a First Amendment right to speak, to which the City Clerk responded in the affirmative; stated the speakers were not interrupted.
(24- ) Shelby expressed concern about the meeting atmosphere; stated the Mayor is out of order and is not allowed to comment and interrupt comments made.
CONSENT CALENDAR
Councilmember Herrera Spencer stated Rockwall closed about two and a half years ago; inquired about the Building 24 roof repair [paragraph no. 24- ] and whether there is a reason why the roof repair has waited until now; she understands it is one reason why Rockwall decided to leave.
The Management Analyst responded that she was not in this role when the issue initially arose in 2022; stated the roof leaking was a contributing factor to Rockwall deciding to close its business; part of the wait is due to costs and because it needed to become a capital improvement project; staff needing to seek funds was a large part of the delay.
Stated that he does not appreciate staff stating projects were before their time; expressed concern about the roof repair cost increase: Tod Hickman.
Stated the City got the California Environmental Quality Act (CEQA) determinations correct; expressed concern about the number of trucks needed by the Police Department; discussed the fleet and roof repair: Shelby.
In response to Councilmember Herrera Spencer’s inquiry regarding the vehicle purchase [paragraph no. 24- ] and why additional vehicles are needed, the Fleet Supervisor stated the vehicles are being reordered, previous orders were not filled.
Councilmember Herrera Spencer stated that she appreciates the roof repair is now happening, however, it is unfortunate that it did not happen sooner; the building is critical to Spirit’s Alley and has been vacant for some time now; she is a proponent of Proposition 36 and hopes the item passes tonight.
Councilmember Vella moved approval of the Consent Calendar noting her abstention on the Proposition 36 resolution [paragraph no. 24- ].
Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*24- ) Minutes of the Special and Regular City Council Meetings Held on July 2, 2024. Approved.
(*24- ) Ratified bills in the amount of $23,801,803.88.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Carahsoft Technology Corporation, for a Five-Year Term in an Amount Not-to-Exceed $313,714, for Workiva Software for In-House Annual Comprehensive Financial Report and Popular Annual Financial Report Creation. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Courtney Waterproofing, Roofing, and Concrete Restoration for the Alameda Point Building 24 Roof Replacement Project for an Amount Not-to-Exceed $2,549,469. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Accept the Work of Branco Construction, Inc. for the Fire Station No. 4 Dormitory Conversion and Renovation Project, No. P.W. 03-23-07. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Tait & Associates for Engineering and Permitting Services for Replacement of the Underground Storage Tanks at the Police Station and Maintenance Service Center for a Total Not-to-Exceed Amount of $188,925. Accepted.
(*24- ) Recommendation to Authorize the Purchase of Six Dodge Durango Police Vehicles in an Amount Not-to-Exceed $360,617.97 from MY Jeep-Chrysler-Dodge-Ram. Accepted; and
(*24- A) Resolution No. 16191, “Amending the Fiscal Year 2024-25 Operating Budget Appropriating $505,000 from the Fleet Replacement Fund (Fund 601).” Adopted.
(*24- ) Ordinance No. 3376, “Declaring Six Submerged Parcels on the Alameda Side of the Oakland Inner Harbor Tidal Canal Surplus Property; and Authorizing the City Manager to Execute Purchase and Sale Agreements, Deeds and All Other Necessary Documents Between the City of Alameda and Various Purchasers to Sell the Submerged Parcels at Fair Market Value.” Finally passed.
(24- ) Resolution No. 16192, “Supporting Proposition 36 on the November 5, 2024 Ballot, Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes.” Adopted.
Note: Councilmember Vella abstained, so the resolution was adopted by the following vote: Ayes: Councilmembers Daysog, Herrera Spencer, Jensen and Mayor Ezzy Ashcraft - 4. Abstentions: Councilmember Vella - 1.
CONTINUED AGENDA ITEMS
None.
REGULAR AGENDA ITEMS
(24- ) Resolution 16193, “Appointing Ashley Rybarczyk to the Historical Advisory Board.” Adopted.
Stated one thing that is important about being on the Historical Advisory Board is knowing about and complying with Section 106; discussed items that will be coming before the Board; stated the appointee has done a good job in trying to keep people knowledgeable of regulations: Shelby.
Urged Native Americans have representation; discussed Alameda being a graveyard: Gabriel Duncan, Alameda Native History Project.
Stated that he is pleased and impressed with the appointee’s credentials; expressed concern about possible future wrongdoings regarding CEQA violations; stated the City should do something being a Native graveyard: Tod Hickman.
Councilmember Herrera Spencer moved adoption of the resolution.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office, and Ms. Rybarczyk made brief comments.
(24- ) Study Session to Discuss Incentives to Increase Housing at Alameda Point.
***
(24- ) Mayor Ezzy Ashcraft stated extra time is needed for the presentation.
The Base Reuse and Economic Development Director stated that 5 additional minutes are needed.
Councilmember Herrera Spencer moved approval of allowing 5 additional minutes.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
***
The Base Reuse and Economic Development Director gave a Power Point presentation.
Councilmember Jensen inquired how long of an economic slowdown is allowed under the force majeure clause before a Disposition and Development Agreement (DDA) can be renegotiated.
The Base Reuse and Economic Development Director responded until there are four sustained quarters of housing price index growth that amounts to a minimum of 10%.
Councilmember Jensen inquired whether there can be a hold by the developer until there is a positive economic forecast, to which the Base Reuse and Economic Development Director responded in the affirmative.
Councilmember Jensen inquired what the occupancies are in the Aero property.
The Base Reuse and Economic Development Director responded staff would return with an answer.
Councilmember Jensen stated she knows the developer for the Aero property is in force majeure for another site; inquired how the property is doing.
The Base Reuse and Economic Development Director responded staff would return with an answer.
Vice Mayor Daysog stated the presentation shows two bar charts where the townhouses cost per unit slightly exceeds revenues per unit; inquired whether it factors in the current Navy requirement and, if so, will it change if the fee per unit reduction is successful.
The Base Reuse and Economic Development Director responded the full $104,000 fee would not take effect until an additional 150 units are built; stated a presentation slide shows when the fee is reduced from $104,000 to $70,000; it does not make much of a difference since it would still be in the negative; staff will have to find other ways to close the rest of the margin.
Mayor Ezzy Ashcraft stated that she is offended; there seems to be mixed messages; there is a housing crisis in California, which cities have been told to address; inquired whether staffs’ position is that conversations on affordable housing will continue and perhaps a new climate can be found in which the negotiations can continue depending on what happens after the election in November.
The Base Reuse and Economic Development Director inquired whether Mayor Ezzy Ashcraft is referring to the housing subsidy, to which Mayor Ezzy Ashcraft responded in the affirmative.
The Base Reuse and Economic Development Director stated negotiations are not closed; the affordable housing community has been aggressively advocating around the high-resource area issue; Alameda is a high-resource area in many ways; the math of the census tract is wrong and underscores problems with the algorithm being used; staff is applying for Affordable Housing and Sustainable Community funds for the Rebuilding the Existing Supportive Housing at Alameda Point (RESHAP) project.
Councilmember Vella inquired whether staff has mapped out the cost impact of starting and stopping the various impacted projects that have the force majeure.
The Base Reuse and Economic Development Director responded staff has not done so; stated it is a talking point staff may bring to the developer.
Councilmember Vella inquired the impact on other projects of putting RESHAP forward; stated if funds are received, RESHAP being prioritized could cause a detriment to other projects.
The City Manager responded that she and the Assistant City Manager meet with the Housing Authority monthly; stated different funding sources are discussed; the general approach is the more affordable housing in the City, the better; the idea is to apply to several funding sources and see which sticks; she does not see going after money for the RESHAP project as being a detriment to other projects.
Councilmember Vella inquired if, hypothetically, there could be a potential for multiple applications either from the Housing Authority or the City, to which the City Manager responded in the affirmative; stated the State is attempting to consolidate all affordable housing solicitations and calling it a Super Notice of Funding Availability [Super NOFA] in order to make it easier to apply for affordable housing funds; two projects in Alameda could apply for the same Super NOFA; staff does not believe there will be detriments to other projects.
Councilmember Vella inquired whether staff has plans if there were a detrimental impact where an opportunity to apply for the funds could not be lost; stated in the past, there have been times when projects were not quite ready and applying for funding was missed.
The City Manager responded staff has monthly coordination meetings where those topics are discussed; stated the Housing Authority and the City are collectively concerned about Alameda not being considered a high-resource area; staff is currently focusing on legislative efforts to advocate for changes.
Councilmember Vella inquired what would happen if positive growth is seen that then triggers benchmarks, which developers might not meet.
The Base Reuse and Economic Development Director responded developers being in default of a DDA is very serious and would likely return to Council; stated staff meets with developers every quarter and tracks the housing price index.
In response to Councilmember Vella’s inquiry about developers being meet a schedule, the Base Reuse and Economic Development Director stated if it looks like the fourth quarter will be reached, staff will engage in a discussion with developers to ensure everyone is aware of expectations.
Councilmember Herrera Spencer stated the Navy has a cap on the market rate housing to encourage jobs after a loss of 16,000 to 18,000 civilian and military jobs; inquired whether the City is going to try to build more housing in excess and whether it will impact the ability to attract jobs.
The Base Reuse and Economic Development Director responded staff has been focused on areas zoned for residential and mixed use; stated there is not a market for office development today; sometimes, residential and mixed-use development can be good for job generation; it is hard to speculate whether staff would be forgoing a job generating use in favor of a residential use.
In response to Councilmember Herrera Spencer’s inquiry about re-zoning two areas residential, the Base Reuse and Economic Development Director stated there has been vague discussion about potentially rezoning an area in the Enterprise District in the future; staff is not proposing it be pursued right now but rather wanted to acknowledge there have been discussions.
Councilmember Herrera Spencer inquired what is staffs’ position in regard to impacting the creation of jobs when talking about rezoning to add housing.
The City Manager responded over 100 acres are zoned commercial, of which a large amount is undeveloped; stated staff does not see it impacting the City’s ability to track jobs.
Councilmember Herrera Spencer inquired whether there is any chance housing would be added in between the Big Whites.
The Base Reuse and Economic Development Director responded the Historic Preservation Regulations from the Secretary of the Interior do not promote doing so.
Councilmember Herrera Spencer inquired if staff consider ever doing so.
The Base Reuse and Economic Development Director responded staff has not done any planning to that effect.
Councilmember Herrera Spencer stated a $1.5 million loan was mentioned for the affordable housing RESHAP project; inquired what is the source of the money.
The Base Reuse and Economic Development Director responded the source is reserves from the Alameda Point Fund, Fund 290.
Councilmember Herrera Spencer inquired when the loan was made.
The Base Reuse and Economic Development Director responded July 2023.
Councilmember Herrera Spencer stated the date was not included in the report; inquired whether the City has been repaid any of that money, to which the Base Reuse and Economic Development Director responded in the negative; stated the money is just now starting to be expended with the construction of the horizontal infrastructure.
Councilmember Herrera Spencer inquired when staff anticipates the City will be repaid.
David Doesma, Keyser Marston, responded there is not a set time schedule for the repayment as it is dependent on certain things happening; stated the developer provided a guarantee that it would be repaid; the first payment happens when the West Tower improvements are completed; a portion of the funds may get repaid at that time; when the balance of the West Tower improvements are completed by the Site A developer, the rest of the repayment occurs; if the Site A developer does not make the improvements and the West Midway developer has to make the improvements, the City would not be repaid until the Site A project moves forward.
Councilmember Herrera Spencer inquired whether there is an estimated time, to which Mr. Doesma responded it is dependent on when the improvements are made and by whom; stated staff does not have a certain time because of the economic force majeure.
The City Manager stated some of the payments are dependent on the West Midway project moving forward; there are performance milestones related to the project; part of the development is dependent on RESHAP being moved, which then depends on public funding sources; staff recommended the loan in an attempt to mitigate a lot of the uncertainty and allow the project to move forward faster.
Councilmember Herrera Spencer stated that she is not hearing an anticipated date for the first or final payments; inquired whether any dates can be provided, to which the City Manager responded in the negative.
Councilmember Herrera Spencer requested clarification about the City possibly making additional loans to make developments happen, to which the Base Reuse and Economic Development Director responded staff is not recommending doing so at the time.
Councilmember Herrera Spencer inquired whether the staff report addresses the City providing loans to help in the future if necessary.
The Base Reuse and Economic Development Director responded it is an option; stated many cities provide subsidies out of the Housing Trust Fund, however, staff is currently asking Council to consider a specific request.
Councilmember Herrera Spencer stated there is a request to consider having the townhomes be separated from the other homes; in the past the two would be tethered to provide housing for middle-income, which she did not see mentioned; inquired whether townhomes are the most lucrative and most likely the developer would be able to build the housing and make a profit, to which the Base Reuse and Economic Development Director responded in the affirmative; stated staff does not recommend separating townhomes from other housing types; in the current market, it is likely townhomes will be build first and unlikely multi-family homes will be seen.
The City Manager stated the Main Street Specific Plan requires by-design housing targeted for middle-income households; any development must comply with the requirement or request a Council waiver to change it; the 25% requirement requires a certain percent be restricted to moderate income households; a big percentage of the 25% that must be targeted towards moderate income would be deed restricted; the developer must figure out both requirements.
Vice Mayor Daysog inquired if a change in legislation would be required if the City does anything less than 25% affordable, to which the Base Reuse and Economic Development Director responded in the affirmative; stated staff has successfully used Assemblymember Bonta’s modifications to the Surplus Land Act, which requires staff to demonstrate 25% of housing across all of Alameda Point is affordable and requires staff to demonstrate compliance with the Project Stabilization Agreement (PSA).
The City Manager stated the Surplus Lands Act allows a mixed-use exemption if over 300 units; a project would not have to comply with the legislation, but would have a 25% affordable requirement to rely on the exemption; there are not many easy paths forward without a 25% affordable requirement.
Expressed concern about complying with the Alameda Point Environmental Impact Report (EIR); stated the Navy cap is not a regulatory enforceable agreement: Shelby.
Stated that he agrees with the previous speaker; discussed the 2014 EIR; stated the current dais and staff are destroying view corridors: Tod Hickman.
Expressed support for increasing housing at Alameda Point; stated adjusting the excess housing unit fee is a step in the right direction; the City should explore eliminating the fee entirely with congressional representatives and must aggressively pursue State and federal subsidies to help bring projects to life: Zac Bowling, East Bay Yes in My Back Yard.
Councilmember Vella stated a speaker mentioned the total number of units that need to have constructed by 2030; the City is still working on getting the units built; there are many infrastructure needs across the City; delay costs are critical; expressed concern about ensuring developers are ready to ramp up and start meeting the schedule; staff must keep track off costs and have documented conversations to have the timeline put back so there is a plan in place; she does not want to see a loss of units, as that can sometimes be a tradeoff with negotiations; she understands the type of housing units may need to change; changes have been made as the City’s needs have evolved; job creation is a bit of a misnomer; studies have shown more and more people are working remotely; what is needed for job creation and creator spaces has changed over time; she hopes staff can adapt to future needs; when further conversation around housing returns to Council, it would be great to have a better understanding about the number of units and projects coming on in the area to have a sense of what is being built elsewhere, which impacts the demand in Alameda; she does not want to see the PSA rolled back; she hopes people building the units can also afford to live there; she would love to see more local hires.
Vice Mayor Daysog stated staff succeeding in getting the Navy to reduce the per unit fee would be incredible; even if the fee is substantially reduced; including townhouses, the cost of development still exceeds expected revenues; staff and partners to find opportunities should be flexible working to ensure projects work for the City in terms of community benefits, if at all possible; where housing may occur makes sense to start at Package K, which is already in a residential area; staff mentioned two residential opportunity sites: one next to existing Site A and another by Encinal High School; he recommends staff revisit allowing housing at the Enterprise District; he does not want to touch the 25% affordable set aside, as it is something the City has always been proud of and would like to continue; there is considerable support from the community as well as labor groups for the PSA.
In response to Councilmember Herrera Spencer’s inquiry about the number of the excess cap increasing, the City Manager responded the 2,011 number comes from the Reuse Plan from the Navy and includes other areas outside of Alameda Point; stated subtracting the units allocated towards the properties outside of Alameda Point, the number is 1,425; the units West of Main Street came from the Community Reuse Plan and were used to determine the 1,425 number.
Councilmember Herrera Spencer inquired whether staff anticipates discussing new housing in other areas outside of Alameda Point
The City Manager responded units outside of Alameda Point, such as North Housing and other areas, are being approved separately; stated staff relies on two different EIRs for CEQA clearance when making recommendations to Council.
Councilmember Herrera Spencer stated there must be housing at different price points to purchase; expressed concern about housing being offered for middle income households that do not qualify for affordable housing and cannot afford the townhomes; people in the middle need to be able to afford to buy something to earn equity, which is often retirement for the people; regarding jobs, she understands many are allowed to work remotely, however, doing so is a privilege; many people still have to physically be at their workspaces; it is important to try to attract jobs to Alameda.
Mayor Ezzy Ashcraft stated although there are jobs that can be done remotely, several of the jobs that have been attracted to Alameda Point tend not to be remote; there must be a job/housing balance; she would love to be able to give people the opportunity to live and work in close proximity; she is not giving up on lowering the Navy cap; there is a strong equity argument to be made; what Council and staff negotiated must be revisited; originally, the cost was going to be in the millions; it has come a long way; the City must continue to connect with federal elected officials and continue the work being done.
***
Mayor Ezzy Ashcraft called a recess at 9:21 p.m. and reconvened the meeting at 9:41 p.m.
***
(24- ) Introduction of Ordinance Authorizing the City Manager to Execute a Lease for a Portion of Building 41 with DOER Marine Operations, Located at 650 West Tower Avenue, at Alameda Point, Alameda California, for a Term of Eighteen Months with One Extension Option for Six Months. Introduced.
The Base Reuse Manager gave a Power Point presentation.
Councilmember Herrera Spencer inquired the price per square foot before and after the one-year mark is market rate.
The Base Reuse Manager responded the rate was negotiated by City staff and DOER; stated it is recognized that it is a short-term lease; market rate for this type of hangar space in the area would have been about $1 to $1.25, however, there is a discount.
The City Manager inquired whether there is a 60-day termination clause in the lease; stated a termination clause can affect the lease; a shorter-term lease also affects the rent.
The Base Reuse Manager responded there is a 60-day termination clause.
Councilmember Herrera Spencer inquired whether the discount is due to a shorter lease, to which the Base Reuse Manager responded in the affirmative; stated it is also due to the termination clause.
Councilmember Herrera Spencer inquired why the option to purchase is not included.
The Base Reuse Manager responded staff is working through a complicated situation with the Navy to be able to get full conveyance of the property; stated the direction staff received from Council in January was to lease the building as an interim use and the sale of the property should be a public, competitive process.
Councilmember Herrera Spencer inquired whether DOER would be able to apply as part of that process, to which the Base Reuse Manager responded in the affirmative.
Councilmember Herrera Spencer stated the cloth covering the cyclone fencing blocks a lot of the view from West Tower Avenue; inquired whether it is possible to have DOER storage be alongside the building so less of the view is impacted.
The Base Reuse Manager responded it is a possibility; stated that she wants to be mindful of security for the business; what is stored needs security and protection.
Councilmember Herrera Spencer stated that she is unsure how it would impact security; they may still have it alongside the building.
The Base Reuse Manager responded the green covering helps expensive equipment stored not to be visual to the passing public.
Councilmember Herrera Spencer stated that the equipment should be moved alongside the building if possible so more of the view is restored; inquired whether Council is agreeing to allow the cloth to remain; stated that she does not think it is necessary to protect such a large area.
The Base Reuse Manager responded the cloth is not specifically discussed in the lease.
Stated DOER is directly contributing to all six of the focus areas for Alameda Point, has been conducting business in Alameda for 32 years and has assisted small businesses with engineering, incubation, and mentoring; encouraged Council to support the lease: Liz Taylor, DOER.
Stated this is a steppingstone to the overarching goal of having a long-term solution; DOER has been a part of the community for a long time and has provided many jobs and educational opportunities; he hopes to return at some point to discuss a longer-term lease or purchase of the building: Laef Barnes, DOER.
Stated that he has worked with DOER since high school and hopes to continue after receiving his degree; the experiences he has had with DOER have been very influential and have given his life direction; he hopes to continue providing educational opportunities to others; urged Council to support the lease: Jake Myers, DOER.
Expressed support for the lease; discussed a fence that encroaches on property owned by Bladium; urged Council to remove the fence: Shelby.
Expressed concern about parking: Zac Bowling, Alameda.
Vice Mayor Daysog stated this is the type of company the City should make a lot of effort to help, as they have been a part of the City for many years; hopefully, DOER is able to compete when a permanent solution for the site comes forward.
Councilmember Jensen stated that she appreciates that DOER wants to stay and is doing everything possible to do so; expressed support for the business; stated it is important to have businesses at Alameda Point that can support residents; she would like to keep DOER at Alameda Point; expressed support for the lease.
Councilmember Herrera Spencer inquired whether the parking directly in front and to the side of the building is shared parking.
The Base Reuse Manager responded parking spaces directly in front of Building 41 are exclusive parking for DOER with posted signage; stated the parking to the side of the building is not included in the exclusive parking.
Councilmember Herrera Spencer stated that she wants clarification about parking directly in front of the building; some is marked private, but other spots are treated as shared parking.
The Base Reuse Manager respond the parking area along West Tower Avenue is included in the lease and deemed exclusive parking; stated around the side of the building on Pan Am Way is not exclusive parking.
Councilmember Herrera Spencer stated that she does not believe all the spaces along West Tower Avenue are exclusive; she believes the only exclusive parking is the row closest to the building; she would like to keep the row closest to the sidewalk as shared parking to support businesses across the street; thanked the company for sharing the spaces and being a good community partner.
The Base Reuse Manager stated the spaces against the sidewalk are included in the parking area.
Councilmember Herrera Spencer inquired whether they are included in DOER’s exclusive parking.
The Base Reuse Manager responded the way the lease reads DOER has a license for the parking spaces, however, it also states the landlord is not required to enforce the tenants right to use the parking spaces.
Councilmember Herrera Spencer inquired if the language is a change; stated the spaces along the sidewalk have been treated as shared.
The Base Reuse Manager responded in the lease the spaces are technically exclusive parking for DOER, but she does not believe DOER has enforced it.
Councilmember Herrera Spencer expressed concern about parking; stated it is important the parking against the sidewalk be shared; she is unsure whether it is an issue for DOER; she would like the matter clarified.
Mayor Ezzy Ashcraft inquired whether it has ever been an issue for DOER.
Liz Taylor, DOER, responded during the pandemic, Almanac’s parking got turned into a beer garden and patio space with picnic tables; stated DOER has always worked to collaborate with neighbors; DOER has allowed patrons of the establishments across the street to park facing the street, but not facing the building.
Councilmember Herrera Spencer stated DOER has been doing an amazing job hiring locally and working with local schools; expressed support for the company; stated that she looks forward to giving DOER the option to purchase the building in the future.
Councilmember Herrera Spencer moved introduction of the ordinance.
Councilmember Vella inquired whether the motion is for the lease as written, to which Councilmember Herrera Spencer responded in the affirmative.
Councilmember Vella seconded the motion.
Under discussion, Mayor Ezzy Ashcraft expressed support for the lease; stated DOER started at the Alameda Marina and needed to find a new home; the Alameda Point location is a great location for the company now.
On the call for the question, the motion carried by unanimous voice vote - 5.
CITY MANAGER COMMUNICATIONS
(24- ) The City Manager discussed Webster Tube closures; stated on September 5th, the Clement Street and Park Street intersection signal will be off and Clement Street will be closed; discussed a panel of Alameda’s Women Leaders hosted by the Chamber of Commerce and Economic Alliance; discussed the Annual Family Fun Bike Ride around Alameda with all proceeds supporting Alameda parks; stated Alameda Point has upcoming music and events.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(24- ) Consider Directing Staff to Draft a Letter on Behalf of the City Council to the Alameda County District Attorney in Support of the Police Chief/Police Department Request to Add Special Circumstances Against Shane Killian. (Councilmember Herrera Spencer)
Councilmember Herrera Spencer made brief comments.
The Police Chief discussed a tragic incident in which an entire family was murdered; stated the Police Department made an arrest; the incident shocked the community and special circumstances should apply, which he recommended to the District Attorney (DA); special circumstances are important because there is a possibility the perpetrator could receive 25 to life, meaning he could be eligible for parole in 20 years.
In response to Mayor Ezzy Ashcraft’s inquiry about the DA’s response, the Police Chief responded the DA has elected not to apply special circumstances; stated the DA did not go into her reasoning other than she believes the number of years the individual would be exposed to was significant.
Mayor Ezzy Ashcraft inquired whether the Police Chief spoke to the DA’s senior staff, to which the Police Chief responded in the affirmative; stated the people he spoke to include the DA, the charging DA, the prosecuting DA, and the Chief of Inspectors.
Councilmember Jensen inquired how effective it would be if Council wrote a letter to the DA to encourage or suggest additional charges.
The Police Chief responded that he is unsure how effective it would be; stated he himself has made several attempts.
Councilmember Jensen expressed support regarding special circumstances being applied; inquired how effective the letter would be and whether proceeding would a good method.
The City Attorney stated it is hard to predict the efficacy of the letter; it is not very likely the DA would change her mind based on letters sent by Council or any municipal body.
Councilmember Vella inquired if the Police Chief asked for special circumstance because it was a multiple homicide, to which the Police Chief responded in the affirmative.
Councilmember Vella inquired if special circumstances would mean the perpetrator could face life in prison, to which the Police Chief responded in the affirmative.
Councilmember Vella inquired whether proceeding with special circumstances means there is no possibility for parole, to which the Police Chief responded in the affirmative.
Councilmember Vella stated this is one of the more heinous crimes that has been committed in the community; she does not generally support special circumstances which has been abused in a number of different cases, however, this is the exact type of case in which special circumstances are intended; the DA has taken a stance that she never charges special circumstances; the DA position is before the voters this fall; she is personally divided as her sister is a DA in Alameda County; an explanation as to why the DA is not pursuing special circumstances in this instance would be helpful; this instance hits very close to home; having conversations with children about gun violence is always difficult.
Mayor Ezzy Ashcraft stated that she was deeply moved by this heinous crime; the City Manager, the Communications Director, and herself organized a memorial service, at which the Police Chief and others spoke; she does not see the letter as a vehicle to achieve special circumstances; the School District had grief counselors available at Love Elementary School; there is a recall measure on the November ballot; she does not believe the DA will change her mind; she respects what the Police Chief has done; she appreciates the sentiment but believes everything has been done on the City’s level; there are many things that can and should be done, but she is unsure the letter is one of those things.
Councilmember Herrera Spencer stated that she does not believe the letter sensationalizes the incident because it already is; with the letter, Council can support the Police Chief; making an attempt is critical; it will fail if Council does not try; it is important to send a message to the victims and the community that Council is making an attempt.
Councilmember Vella stated that she does not want to politicize something that is already before the voters.
Vice Mayor Daysog stated this was an incredible tragedy that was preventable; if the DA’s decision to not apply special circumstances is final, a letter is in order to encourage her to reconsider her decision; Council rarely sends these kinds of letters to the DA, but this is a situation where doing so would express the sentiments of the residents; he trusts staff can author a letter that is diplomatically stated and the DA will understands the letter is not coming from a political angle.
Councilmember Jensen stated that she appreciates the intent of the letter; the letter may possibly be viewed as suggesting staff did not do their job; the Police Chief has the strength, credibility, and support of everyone in Alameda, including Council; she does not support sending a letter, as it is somewhat political and the Police Chief has made it clear how disastrous this was for the community; suggested Councilmember Herrera Spencer or others write an editorial or take public position, not as a Councilmember, and speak about how they feel about what the City needs and what the DA should do.
Councilmember Herrera Spencer stated that she is not suggesting City staff did anything wrong; expressed support for the Police Chief’s efforts; stated there is value in a body such as Council speaking, as opposed to her writing a letter on her own.
Councilmember Herrera Spencer moved approval of directing staff to draft a letter on behalf of the City Council to the Alameda County District Attorney in support of the Police Chief’s request to add special circumstances against Shane Killian.
Councilmember Daysog seconded the motion, which failed by the following voice vote: Ayes: Councilmembers Daysog and Herrera Spencer - 2. Noes: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft - 3.
(24- ) Consider Taking Dispositive Action to Support Proposition 36. (Councilmember Herrera Spencer)
Councilmember Herrera Spencer thanked staff for placing the matter on the Consent Calendar after she submitted the Referral.
(24- ) Consider Directing Staff to Implement and Enforce Pickleball Court Policies at Various Alameda Public Parks. (Councilmember Herrera Spencer)
Councilmember Herrera Spencer made brief comments.
Mayor Ezzy Ashcraft stated that correspondence between Councilmember Herrera Spencer and the Assistant City Manager indicates the topic is coming to Recreation and Parks Commission next month; inquired whether this is true, to which the Assistant City Manager responded in the affirmative; stated the Recreation and Parks Director is bringing an item to the Recreation and Parks Commission on October 10th regarding a pilot program at Leydecker Park and a permanent program for pickleball courts, as well as clarifying the policy regarding which courts are for tennis and pickleball.
Councilmember Vella inquired if the Commission is considering a number of options if the pilot program becomes permanent, such as enforcement, court booking, and signage.
The Assistant City Manager responded that she has not seen the report so she in unaware about the level of detail that will be brought to the Commission.
Councilmember Vella inquired what the next steps would be if the Recreation and Parks Commission makes the decision to continue with the pilot.
The Assistant City Manager responded staff would implement reservations, amongst other things; stated currently, reservations are not allowed at Lincoln Park due heavy usage; staff must review scenarios and the Commission needs to discuss whether reservations should be allowed at Leydecker as well.
Councilmember Vella inquired what the process would be if an individual reserved a tennis court but used it for pickleball instead.
The Assistant City Manager responded the Recreation and Parks Director is bringing a policy to the Commission about clear signing and identifying which courts are for tennis and which are for pickleball; stated there are Park Ambassadors but there is not mechanism to enforce what type of sport people play on specific courts.
Councilmember Vella inquired whether the matter could possibly return to Council once it goes to the Commission.
The Assistant City Manager responded it could, but it typically would not unless it were called for review.
Councilmember Jensen requested clarification regarding the policy regarding the enforcement of pickleball being played on courts.
The Assistant City Manager responded currently, there is not a policy about specific courts that allow or do not allow pickleball.
Councilmember Jensen inquired whether Council discussed and adopted policies regarding pickleball about a year ago, to which the Assistant City Manager responded in the affirmative; stated there was discussion regarding striping; ultimately, Leydecker Park was selected as a pilot to do striping where residents could choose to play either pickleball or tennis.
Councilmember Jensen stated it seems as though there are not policies available to implement and enforce and that is what the Recreation and Parks Director is attempting to adopt.
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(24- ) Mayor Ezzy Ashcraft stated a motion is need to consider the League of California Cities delegate and alternate [paragraph no. 24- ].
Councilmember Vella moved approval of hearing the item and finishing the meeting before 12:00 a.m.
Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5.
***
Vice Mayor Daysog inquired whether there is anything to stop Council from giving suggestions based upon what the community has to say, to which the Assistant City Manager responded staff could pass on Council’s opinion to the Recreation and Parks Commission.
Councilmember Herrera Spencer stated there is confusion regarding whether the City already has a policy.
Mayor Ezzy Ashcraft stated that she respects the statement made by the Assistant City Manager, who is the former Recreation and Parks Director.
Stated there is a lot of conflict on the court for tennis and pickleball players; this should not be issue and is not fair to anyone; urged Council to encourage Recreation and Parks to have clear policies and signage so everyone may play in peace: Susan Weeks, Washington Park United States Tennis Association (USTA) Tennis Teams.
Stated that she has been advocating for new signs to be posted listing the rules for two and a half years; in July 2024 new rules were posted, but a rule stating courts are for tennis play only was left off; there have been many conflicts and dangerous situations because of the lack of clear rules; urged Council to install “tennis only, no pickleball” signs and establish a policy at Washington, Krusi, Longfellow, and Franklin Parks, as well as Leydecker courts 2 and 3: Kristin Fairfield, Oakland.
Stated both sports deserve to be nurtured; he hopes decisions made by Council and the Recreation and Parks Department will recognize the importance doing so: Anthony Chaba, Oakland.
Stated that she would like for all tennis players to be able to continue to play without disturbance from pickleball players; there are more than enough spaces on the Island to be able to host pickleball players; an enforceable policy is needed; urged Council to keep tennis only at Washington, Krusi, Longfellow, and Franklin Parks, as well as Leydecker courts 2 and 3: Elizabeth Ann Haslup.
Stated the noises made during pickleball games can be clearly heard within neighborhood homes and is aggravating; to his knowledge, the City and the community have already decided pickleball is not appropriate close to homes, however, the lack of explicit signage gives implicit acceptance: Drew Higginson, Alameda.
Stated clear signage is needed; he would prefer Washington Park be for tennis only; there is a public danger due to the policies not being clear; encouraged Council and the Recreation and Parks Department to clarify the situation and minimize the risk for everyone: Jeffrey Nibler, USTA Player.
Stated that she plays both sports; she understands there was an agreement that Washington Park was going to be a tennis only facility; Washington Park must be tennis only to be able to host USTA matches; rules do not clarify it being tennis only; pickleball players will not listen to community members and continue to play; arguments have gotten hostile; urged Councilmembers to provide their opinions: Dorian West Blair, Alameda.
Stated rules must be clear to avoid arguments; during peak times, there is a 30 to 45-minute wait to use the courts; there is currently a scarcity of courts for tennis players: Mike Cantor, Oakland.
Stated the Alameda Tennis Coalition (ATC) has been seeking proper signage for years; during discussion with Recreation and Parks Department in June 2024, an agreement was made that Washington Park would be deemed a tennis only facility and a sign would be placed stating so; inquired why the sign is taking long to be posted; he is not confident the signs will ever be posted: Charlie Dewett, ATC.
Stated tennis is very popular at Washington Park; clear signage is a matter of good public policy: Rob Overton, Alameda.
Urged Council to consider building pickleball courts in empty spaces and unused land at Alameda Point: Lily Leung, Alameda.
Stated 2019 data shows Alameda has 72 tennis courts; the number of public pickleball courts is significantly lower: Zac Bowling, Alameda.
Stated both sports release stress; the last thing anyone needs is tension due to debates regarding who is allowed to use the courts; clear signage would be helpful; she does not see the benefit of playing pickleball at a tennis court: Christina Syriami.
Stated there are less courts available because tennis instructors take up several courts; after the COVID-19 pandemic, many people have started to play tennis: Luiz Hernandez.
Councilmember Jensen stated that she plays both sports; she appreciates the tennis community for bringing up the matter since they feel the City is not supporting access to courts for tennis; the referral suggests Council direct staff to implement and enforce court policies, however, it is clear no such policies are in place; she does not believe Council must take action at this time; urged the City Manager to develop a policy that specifies and identifies court usage at all parks and signage be posted, as well as work with the tennis community and the Recreation and Parks Commission to develop and enforce the rules; if Council has to get involved in the future, it may be brought back and she will support it at that time.
Vice Mayor Daysog stated tennis has always been a key part of the City; there are some courts that rise to the level of being designated as tennis only; when people are asking for clear signage, they are also suggesting signage that is currently there is unclear; certain courts should be for tennis; there may have to be some compromise where other courts will have to be for both sports; he would like the Recreation and Parks Commission to identify which courts are for tennis only and have current signs replaced.
Councilmember Vella stated the courts at Washington Park are always busy; Washington Park should stay a tennis only facility; recommendations could be given to the Recreation and Parks Commission to rule certain things out so people are not worried Council and staff are backing away from previous stances taken; clear signage would be helpful, there has been misuse of facilities in the past; unclear signage cannot be enforced.
Councilmember Herrera Spencer stated signage at Krusi Park states the Recreation and Parks Department recommends pickleball be played at Leydecker or Lincoln Park; the signage means nothing; conflicts happen all the time; signs need to be replaced, be direct and do not cost much; it will be months before the issue is fully resolved; in the interim, she brought forward the referral; the Recreation and Parks Department could come up with signage that reflects the policy; the word “recommends” is unclear.
Councilmember Herrera Spencer moved approval of directing staff to clarify signage about which courts are dedicated for tennis and for pickleball.
Mayor Ezzy Ashcraft stated Commissions are in place for a reason; expressed concern about there being a limited number of courts in Alameda for tennis and pickleball; stated many people who wrote correspondence regarding the issue are not residents; taxpayer dollars help fund the courts; she would like to see Alameda residents have access to the courts first and foremost; she prefers direction be given to have the item be sent to the Recreation and Parks Commission with suggestions from Council.
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(24- ) Councilmember Vella moved approval of giving Councilmembers another minute.
Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5.
***
Councilmember Vella stated that she would like to remove Washington Park from the list of shared facilities; she would like to give direction to the Commission to have clear signage that reflects the policy.
Vice Mayor Daysog stated in 2009, voters voted for Measure WW; in turn, the City of Alameda took $350,000 to resurface a variety of tennis courts using funds from the measure; to his understanding, there was an agreement the activities funded by Measure WW need to be in place for a period of 25 years, roughly until 2037; inquired how Measure WW play into the matter.
The Assistant City Manager responded during her time as Recreation and Parks Director, she went to East Bay Regional Park District, the funder of Measure WW; in 2022, she brought to the Commission the potential of converting one of the Washington Park courts as a pilot; it was clear there was not any threat related to the funds; the 25-year period pertain to a recreation facility; she and the Recreation and Parks Director met with ATC and it was confirmed Washington Park would be tennis only; the signs are currently being printed and should be posted soon.
Councilmember Jensen stated the issue of the signage has been addressed, however, enforcement of the rules is still an issue; inquired whether the Recreation and Parks Director and/or the Commission will address enforcement with the new signage.
The Assistant City Manager clarified currently, the signage is for Washington Park; stated the other tennis facilities will be discussed at the October 10th Commission meeting; the only enforcement is Park Ambassadors and City staff; Ambassadors enforce permits, however, they are not Police.
Mayor Ezzy Ashcraft inquired if there is an enforcement action that goes along with signage and whether it has to be posted on the sign, to which the City Attorney responded in the negative; stated it would be helpful, but does not need to be posted necessarily.
Councilmember Herrera Spencer stated that she appreciates staff will be putting signage, however, she does not understand why it has taken so long; the noise was mentioned by a speaker, which is a serious issue; residents may sue the City; moving forward, her preference would be to have Franklin, Krusi, Longfellow, and Washington Parks for tennis only be honored and pickleball on one court at Leydecker Park.
Mayor Ezzy Ashcraft stated that she is fine with sending suggestions back to the Recreation and Parks Commission; she expects staff and the Commissioners would determine how to go about enforcement; she would like to know how first preference can be given to Alameda residents.
Councilmember Vella inquired whether the Recreation and Parks Commission would go beyond Council’s original direction for the pilot at Leydecker Park.
The Assistant City Manager responded the Recreation and Parks Director intends to take Leydecker court 1 from a pilot to permanent, as well as discuss the policy and then provide signage; stated the Recreation and Parks Director intends to follow the public process and provide an opportunity for the public to weigh in on a policy; discussions with the ATC in August about where signage would be posted at Washington Park would be brought to the Commission.
Councilmember Vella stated it depends on how the item is agendized, however, she hopes the conversation sticks within the set parameters; Council can call the matter for review.
Vice Mayor Daysog stated to his understanding, Washington Park will be tennis only and clear signage will be posted; the other courts will return to the Commission for input and perhaps it will return to Council if called for review.
Councilmember Herrera Spencer moved approval of adding clear signage at Washington Park and the other three parks where it will be tennis only.
Mayor Ezzy Ashcraft stated that she would support a motion that included input from Council going to the Recreation and Parks Commission, but not limited to signage.
Councilmember Herrera Spencer amended the motion to include input from Council.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
COUNCIL COMMUNICATIONS
(24- ) Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference.
The City Clerk noted that Mayor Ezzy Ashcraft has been the delegate with Councilmember Vella serving as the alternate.
Councilmember Herrera Spencer moved approval of the delegate and alternate.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
(24- ) Mayor’s Nomination to Various Boards and Commissions.
Mayor Ezzy Ashcraft nominated Lisa Martin and James Martin for appointment to the Public Art Commission.
The City Clerk noted the Mayor is also interested in reappointing the two current incumbents on the Social Service Human Relations Board: Michelle Buchholz and Bernie Wolf.
ADJOURNMENT
(24- ) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:42 p.m. in memory of Ellen Corbett.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.