File #: 2024-4139   
Type: Consent Calendar Item
Body: City Council
On agenda: 6/18/2024
Title: Minutes of the Special and Regular City Council Meeting Held on May 21, 2024. (City Clerk)

Title

Minutes of the Special and Regular City Council Meeting Held on May 21, 2024.  (City Clerk)

body

 

UNAPPROVED

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -MAY 21, 2024- -5:30 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:33 p.m.

 

Roll Call - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft - 5. [Note: Councilmembers Jensen and Vella arrived at 5:35 p.m. and Councilmember Vella was present via teleconference from 191 Dorrance St., Providence, RI 02903.]

 

Absent: None.

 

The meeting was adjourned to Closed Session to consider:

 

(24-   ) Conference with Labor Negotiators (Government Code § 54957.6); City Negotiators: Jennifer Ott, City Manager, Jessica Romeo, Human Resources Director, and Doug McManaway, Deputy City Attorney; Employee Organizations: International Brotherhood of Electrical Workers (IBEW); Under Negotiation: Salaries, Employee Benefits, and Terms of Employment.

 

(24-   ) Conference with Real Property Negotiators (Pursuant to Government Code § 54956.8); Property: Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), known as Submerged Properties Adjacent to the Fernside Boulevard Public Access Pathways; City Negotiators: Assistant City Manager, Amy Wooldridge and Special Counsel, Michael Roush; Negotiating Parties: City of Alameda and Musso Trust (Lot 2); Zimmermann and Tse (Lot 3); Barics and Polentz (Lot 4); Walker Trust (Lot 5); McDonald et. al (Lot 6); and Fisher Trust (Lot 7); Under Negotiation: Price and Terms of Sale.

 

Following the Closed Session, the meeting was reconvened, and the City Clerk announced that regarding Labor, staff provided information and Council provided direction by the following roll call vote: Vice Mayor Daysog: Aye, Councilmember Herrera Spencer: Aye, Jensen: Aye, Vella: Aye, and Mayor Ezzy Ashcraft: Aye; Ayes: 5, and regarding Real Property, staff provided information and Council provided direction by the following roll call vote: Vice Mayor Daysog: Aye, Councilmember Herrera Spencer: No, Jensen: Aye, Vella: Aye, and Mayor Ezzy Ashcraft: Aye; Ayes: 4. Noes: 1.

 

Adjournment

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:23 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- - MAY 21, 2024- -7:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 9:45 p.m. 

 

ROLL CALL -                      Present:                     Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft - 5. [Note: Councilmember Vella was present via teleconference from 191 Dorrance Street, Providence, RI 02903 and left the meeting at 11:13 p.m. and Councilmember Herrera Spencer left the meeting at 11:49 p.m.]

 

                                                               Absent:                     None.

 

AGENDA CHANGES

 

None.

 

PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS

 

None.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

(24-                     ) Jeannia Fu, Alameda Friends and Family for Ceasefire (AFF4C), discussed the genocide in Palestine; stated she is upset with Council for remaining quiet on the issue.

 

(24-                     ) Roan Byrne-Sarno, AFF4C, discussed the genocide in Palestine; urged Council to listen to the residents of Alameda.

 

 (24-                     ) Doyle Saylor, Alameda, discussed drones; stated there needs to be an understanding of what AI (Artificial Intelligence) does to transform public knowledge.

 

(24-                     ) Cam, AFF4C, urged Council to pass a policy to ensure our investments and city does not directly work with corporations that profit from genocide, ethnic cleansing, and activities that violate fundamental human rights.

 

(24-                     ) Tod Hickman, stated he does not agree with Mayor Ezzy Ashcraft’s actions throughout the meeting, as well as in previous meetings.

 

CONSENT CALENDAR

 

Councilmember Herrera Spencer requested the Rise Housing Solutions agreement [paragraph no. 24-  ] and Rules of Order [paragraph no. 24-  ] be removed from the Consent Calendar for discussion.

 

Mayor Ezzy Ashcraft stated those items will be moved to the end of the agenda and she cannot guarantee they will be heard tonight; questions may be asked without having to pull an item; inquired if Councilmember Herrera Spencer would like to pull the item. 

 

Councilmember Herrera Spencer responded if the item is not pulled, she would get 3 minutes total to speak on consent items. 

 

Mayor Ezzy Ashcraft stated one also has 3 minutes when the item comes back. 

 

The City Clerk responded Councilmembers get 5 minutes to speak when the item comes back.

 

Mayor Ezzy Ashcraft inquired whether she wanted to expand her speaking time, to which Councilmember Herrera Spencer responded in the affirmative; stated she would like to speak about both items and ask questions; 3 minutes is not enough time for both items.

 

Mayor Ezzy Ashcraft inquired whether item 5-D is time sensitive, to which the City Manager responded in the negative.

 

Mayor Ezzy Ashcraft stated at 10:45pm, Council will vote on what will be heard after 11pm; inquired whether 5 minutes per item would be sufficient.

 

Councilmember Herrera Spencer responded she is supportive of the current rules, stating the items will return at the end of the meeting; stated the item has been pulled and she does not want to continue wasting peoples’ time.

 

Mayor Ezzy Ashcraft stated delaying the opportunity to help people receive below-market home ownership opportunities is unfortunate.

 

Councilmember Vella stated that she would recuse herself from the floodplain ordinance [paragraph no. 24-   ].

 

Councilmember Vella moved approval of the Consent Calendar with hearing the Rise Housing Solutions agreement after the Consent Calendar or during continued agenda items.

 

Mayor Ezzy Ashcraft inquired what staffs’ suggestion would be.  

 

The City Manager responded the items may be bumped to the next meeting or placed at the end of the agenda and get to it if there is time; stated staff would like to get to the items but they are not time sensitive; if there are questions from only one Councilmembers and not many speakers, perhaps it can be done quickly.

 

Mayor Ezzy Ashcraft inquired whether other Councilmembers have questions on item 5-D.

 

Councilmember Jensen responded she has no questions on any consent calendar items.

 

Vice Mayor Daysog responded he has no questions on any consent calendar items.

 

Councilmember Vella responded she has no questions on any consent calendar items.

 

Councilmember Vella amended her motion to approval of the Consent Calendar with hearing the Rise Housing Solutions agreement next and continuing the Rules of Order to the continued section at the next regular meeting [June 4, 2024].

 

Councilmember Jensen seconded the motion.

 

Under discussion, Councilmember Herrera Spencer stated she will not be supporting this motion, as the City Manager stated it is not important it be heard today.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye.  Ayes: 4.  Noes: 1.  [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 April 16, 2024. Approved.

 

(*24-                     ) Ratified bills in the amount of $5,282,583.24.

 

(*24-                     ) Recommendation to Authorize Updates to the Existing Alameda Police Department Policy Manual to Conform to Best Practices and to Ratify Policies that Have Been Updated Pursuant to Legal Updates, Significant Liability Issues, and Imminent Safety.  Accepted.

 

(*24-                     ) Public Hearing to Consider Adoption of the Community Development Block Grant/HOME Investment Partnerships Program Fiscal Year 2024-25 Action Plan; Authorize the City Manager to Use Permanent Local Housing Allocation Funds; and Authorize the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications at Funding Levels Approved by Congress.  Accepted.

 

(*24-                     ) Recommendation to Authorize the Purchase of One Truck Mounted Leaf Vacuum for an Amount Not-to-Exceed $241,435.76 from Municipal Maintenance Equipment, Consistent with the Vehicle Replacement Policy.  Accepted; and

 

(*24-   A) Resolution No. 16166, “Amending the Fiscal Year 2023-24 Operating and Capital Budgets by Reducing Revenue and Expenditures Appropriations in Capital Improvement Project C31000 (301) by $205,436 and Increasing Revenue and Expenditures in the Vehicle Replacement Fund (601) by $205,436 to Fund the Purchase of One Truck Mounted Leaf Vacuum.”  Adopted.

 

 (*24-                     ) Resolution No. 16167, “Approving a Tentative Map (Tract 8674) to Subdivide a 0.47-Acre Parcel (PN 072-0383-007-05) to Create Ten Townhome Lots and Two Common Area Parcels within a Remainder Portion of the Del Monte Warehouse Master Plan Area.”   Adopted. 

 

(*24-                     ) Resolution No. 16168, “Amending the Salary Schedule for Part-Time Classifications Effective June 2, 2024 to Reflect Changes to the City of Alameda Minimum Wage and to Maintain Adequate Differentials Between Part-Time Job Categories.”   Adopted.

 

(24-                     ) Ordinance No. 3370, “Amending the Alameda Municipal Code by Repealing Current Chapter XX (Floodplain Management) in Its Entirety and Adopting a New Chapter XX (Floodplain Management) to Implement the City of Alameda General Plan and the Climate Adaptation and Resiliency Plan and Make Other Technical Amendments.”   Finally passed.

 

Since Councilmember Vella recused herself, the matter carried by the follow vote: Ayes: Councilmembers Daysog, Herrera Spencer, Jensen and Mayor Ezzy Ashcraft - 4.  [Absent: Councilmember Vella - 1.]

 

CONSENT CALENDAR - ITEM REMOVED FOR DISCUSSION

 

(24-                     ) Recommendation to Authorize the City Manager to Execute a Twenty-Five Month Agreement with Rise Housing Solutions to Provide Inclusionary Housing Homeownership Buyer Selection Services, Based on the Updated Annual Below Market Rate Homeownership Lottery Procedures, with a Total Compensation Amount Not-to-Exceed $180,000. 

 

Councilmember Herrera Spencer expressed concern about the order in which the item is being heard; stated one company would streamline everything; expressed concern about people not having the same opportunity to apply when it is all going through one company; stated it could negatively impact people applying for affordable housing.

 

The Housing and Human Services Manager responded staff has proposed a single lottery process; stated the pipeline is growing faster now than it has in the previous over 10 years; there is a lot more construction happening; staff noticed buyers drop out of one lottery to enter another when developers are offering units; the idea is to have one application portal open year-round so there is only one place to check the application status; people will still be notified as units become available and will be given an opportunity to opt in to the particular development; applications would only be considered after someone has opted in for consideration.

 

Councilmember Herrera Spencer inquired if people are interested would they apply for all affordable housing in the City, not just one development.

 

The Housing and Human Services Manager responded people are opting to be considered for any home that becomes available in the future.

 

Councilmember Herrera Spencer inquired about the company selection process. 

 

The Housing and Human Services Manager responded in the past, Hello Housing predominantly managed all units offered in inclusionary housing; when they stopped taking clients, staff put out a Request for Proposal (RFP) and only one firm applied; staff entered an agreement with that firm, which was terminated after one year; staff next selected Rise Housing to administer the City’s below market rate program; Rise has been following the City process, including advertising and marketing, which generated sizable interest.

 

Councilmember Herrera Spencer inquired whether there was an RFP current agreement, to which the Housing and Human Services Manager responded in the negative; stated an RFP was not done for the proposed pilot.

 

Councilmember Herrera Spencer inquired the length of the pilot. 

 

The Housing and Human Services Manager responded 2 years.

 

In response to Councilmember Herrera Spencer’s inquiry, the Housing and Human Services Manager stated Rise will be paid approximately $9,000 per unit sold, not to exceed $180,000.

 

Councilmember Herrera Spencer inquired whether the amount is per year, to which the Housing and Human Services Manager responded it is for two years and would be based on the total number of units sold in the 25-month period.

 

The City Manager stated the cost is paid by the developer, not the city.

 

Councilmember Herrera Spencer inquired if the developer paying the gets added on to the units

 

The Housing and Human Services Manager responded in the negative; stated developers currently select the providers; staff is hoping to reduce the cost by having a single process; having everything happen once, as opposed to 3 to 4 times, creates economies of scale.

 

Councilmember Herrera Spencer stated she will not be supporting the item; she believes an RFP should have been done; expressed concern about changing the way homes are offered; stated people should have the opportunity to become educated on another property and switch lotteries; people will not be afforded the same opportunity to choose where they would like to live.

 

Mayor Ezzy Ashcraft inquired whether anyone would be forced to buy a house they do not want, to which the Housing and Human Services Manager responded in the negative; clarified the marketing would remain the same; stated staff requires developers to make flyers and run newspaper ads so the information would hopefully be communicated to a broader number of potential buyers.

 

Mayor Ezzy Ashcraft stated the City has and should continue to protect renters and make sure they have housing security and do not become housing insecure or possibly homeless; when talking about home ownership opportunities for low income individuals, below-market housing opportunities give people a greater sense of security; there is a lot of discussion about generational wealth, which most hold through real estate, which renters do not typically have; she applauds staff and the City for the program.

 

Vice Mayor Daysog stated the process of buying a home is complicated; there is virtue in having a streamlined setup; those interested in buying a first-time home have the ability to do so and submit one application, as opposed to many separate applications; expressed support; piloting the program for 2 years sounds like a reasonable amount of time; in two years, Council will re-evaluate and assess whether it should continue or if an RFP should be done.

 

Vice Mayor Daysog moved approval of the staff recommendation.

 

Councilmember Herrera Spencer stated that she appreciates the presentation, however there is a difference when each developer gets involved and tries to promote their product and do their own outreach.

 

Councilmember Jensen seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye.  Ayes: 4.  Noes: 1. 

 

CONTINUED AGENDA ITEMS

 

(24-                     ) Ordinance No. 3371, “Amending the Alameda Municipal Code by Adding Section 7-9.9 (Animal Testing Ban) to Article 7-9 (General Provisions) of Chapter VII (Animal Control) to Prohibit Animal Testing and Experimentation on Property Owned or Controlled by the City of Alameda in its Proprietary Capacity.”  Finally passed.

 

Councilmember Herrera Spencer stated that she pulled the item; the title includes the words “Animal Testing Ban,” however, to her understanding, animal testing has not been banned; she brought forth a referral alongside Councilmember Vella to ban animal testing on City owned property; changes were made to follow what is allowed by State and federal law; inquired why the title was not changed to properly reflect the changes made allow animal testing; stated it is misleading to say “ban” and “prohibit” when that is not the case.

 

The City Attorney responded the ordinance in question, although much smaller in scope than the one originally proposed, still precludes animal testing if it is not otherwise in anticipation or as part of a Food and Drug Administration (FDA) program; stated a subset of animal testing would be prohibited by the ordinance; the title passes Brown Act standards; at first reading, Council has the flexibility to engage in editorializing the ordinance; at second reading, it is simply ministerial implementation of the Council’s changes from first reading, which the City Clerk has done correctly; at this point, any changes proposed would convert the second reading to a first reading.

 

Councilmember Herrera Spencer inquired what type of animal testing is happening in the City that is not related to the FDA; inquired whether the City Attorney is suggesting companies conducting animal testing have nothing to do with FDA requirements, whether it is anticipated or required.

 

The City Attorney responded that he does not have personal information on what every business is engaged in; stated when Council legislates, it legislate in a broad way; hypothetically, it is possible that animal testing occurs in a different context.

 

Councilmember Herrera Spencer inquired whether the City Manager has any factual information about the topic, to which the City Manager responded in the negative.

 

Councilmember Herrera Spencer stated that she doubts there are any companies conducting animal testing that is not anticipated or required by the FDA and it is unfortunate for anyone to suggest so; the referral was brought to ban animal testing on City owned property, of which there are not very many buildings doing so; she suggested banning animal testing on primates, which was met with a no; to her understanding, the “ban” allows animal testing on primates.

 

The City Attorney responded as written, it would be authorized if the animal testing in anticipation of or as part of an FDA testing program.

 

Councilmember Herrera Spencer inquired about animal testing on primates.

 

The City Attorney responded Council could have other regulatory or proprietary tools, but the prohibition would not apply.

 

Councilmember Herrera Spencer requested clarification about whether animal testing on dogs and cats is allowed in City owned buildings under this “ban.”

 

The City Attorney responded that his answer remains the same; stated the prohibition would not apply, but Council may have other regulatory or proprietary tools in place.

 

Councilmember Herrera Spencer stated that she suggested limiting testing to rats and mice, which was also denied; inquired whether any animals would be allowed to be tested on if there is approval by the FDA.

 

The City Attorney responded that his answer remains the same.

 

Councilmember Herrera Spencer inquired whether the ban is apparent wayward companies conducting animal testing that is not at all connected with FDA requirements, to which the City Attorney responded in the affirmative.

 

Councilmember Herrera Spencer stated it is a misnomer to say that this is a ban; it is unfortunate and hypocritical; she believes it should be brought back to clarify this is not a ban but rather an allow, which is a more appropriate title; people may search the Code and think it is a ban, however, once read, people will find that is not so.

 

Councilmember Jensen inquired if she were to conduct a search after the ordinance has passed, will the Code say “ban” or will it direct her to the language of the ordinance.

 

The City Attorney responded the full text of the ordinance would be pulled up for anyone to read.

 

Stated this is a promotion of animal testing in Alameda; the ban misleads people; this a bad move and violates the morals of Alameda: Tod Hickman.

 

Stated animal testing, which is a federal requirement, leads to innovations that cause lifesaving interventions for patients; Council has struck a balance; the conversation is about how access to patient care will be expedited: Rob Chua, California Life Sciences.

 

Stated that he testified on the issue in April; he looks forward to the day animal testing is no longer necessary, however, that day is not here yet; many interventions that have come out of California have led to vaccines and cures, which have saved many lives; encouraged Council to vote for the language, which creates a reasonable exemption for testing as part of FDA approval and other listed federal agencies: Alex Khan, California Chronic Care Coalition.

 

Encouraged Council to support the ordinance as written and approved in April to ensure lifesaving biomedical research continues to thrive and benefit the world for human and animal health; researchers use alternatives to animal models whenever legally and scientifically possible; over 95% of all animals needed for medical research in the United States are rodents, specifically bred for this purpose: Amanda Banks, California Biomedical Research Association.

 

Councilmember Herrera Spencer moved approval of changing the language from “animal testing ban” to “allow animal testing” and replace “prohibit” with “allow.”

 

Councilmember Jensen inquired what the result of the ordinance would be if Council were to adopt changing the title.

 

The City Attorney responded Council would be effectively directing that this become a first reading of the ordinance as substantive changes would be made.

 

Councilmember Jensen second the motion.

 

Under discussion, Councilmember Jensen stated there has been valid input regarding the title of the ordinance; as far as she is aware, there are no leases currently being looked at so there is no urgency.

 

Mayor Ezzy Ashcraft expressed concern about matters being brought back requiring staff time and effort; stated that she is unsure when staff would have time to bring the item back between now and the August recess.

 

***

(24-  ) Mayor Ezzy Ashcraft suggested Council hear the Alameda Marina Park naming item [paragraph no. 24-   ] and that the military equipment report [paragraph no. 24-   ] be continued.

 

Councilmember Herrera Spencer moved approval of the Mayor’s suggestion.

 

The City Attorney inquired whether Council would consider opening item military equipment report and continuing it; stated doing so would save staff a lot of time.

 

The City Manager stated there are many items on the June meeting agendas; she wants Council to be aware that not being able to get through the agendas will impact what business may be performed in the city.

 

Mayor Ezzy Ashcraft inquired what staff suggests be done with the motion.

 

The City Clerk stated item the military equipment report can be introduced and opened now so Council may continue it. 

 

The City Attorney concurred.

 

The City Clerk introduced and opened item the military equipment report.

 

Mayor Ezzy Ashcraft stated this means the item can return to Council on June 4th; inquired whether the item can be first under the continued items section, to which the City Clerk responded in the affirmative.

 

Councilmember Jensen stated she missed the motion where Council made an agenda change to hear the item; there was no motion and Council did not take any action.

 

Mayor Ezzy Ashcraft stated the item was open so it may be included in the motion.

 

The City Attorney stated if Council does not wish to do so, they may vote no on the motion however, it is staff’s recommendation to open the item tonight.

 

Mayor Ezzy Ashcraft stated Councilmember Jensen has the right to make a substitute motion. 

 

Councilmember Jensen expressed concern about the agenda being changed without a motion made; stated perhaps she may not understand that an agenda item may be opened at any time without changing the agenda order.

 

Mayor Ezzy Ashcraft stated although not done often, it is being done to be able to vote on the motion made by Councilmember Herrera Spencer. 

 

The City Attorney stated Council retains complete flexibility if it wishes to hear the item tonight; by the City Clerk reading the title, Council is being given the ability to make the motion right now.

 

Mayor Ezzy Ashcraft stated if the motion was not made now, staff would have to go through the whole process when it came back to Council.

 

Councilmember Jensen stated that she is questioning the item being opened without any motion being made to change the agenda; if Council can open any item to facilitate discussion or a future hearing at any time, that is fine, however, she did not understand that to be the case.

 

The City Clerk clarified Councilmember Jensen is asking for a separate motion to move up the military equipment report to open it and then have another motion on continuing the matter; for expeditiousness and because Councilmember Herrera Spencer had moved that the item be continued, the actions are being lumped into one motion.

 

Councilmember Jensen stated that is fine.

 

Mayor Ezzy Ashcraft inquired whether everything has been incorporated into the motion made, to which the City Clerk responded in the affirmative; stated what is needed now is a second.

 

Vice Mayor Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye, Herrera Spencer: Aye; Jensen: No; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4.  Noes: 1.

***

 

Councilmember Vella made a substitute motion to move final passage of the ordinance.

 

Councilmember Vella expressed concern with changing the wording; stated doing so would make it less clear because the City is not allowing for animal testing; it is more nuanced.

 

Mayor Ezzy Ashcraft seconded the motion.

 

Under discussion, Mayor Ezzy Ashcraft stated that she has immense respect for the scientific and medical community who have come to explain their support of the item as is.

 

Vice Mayor Daysog discussed past items, meetings, and referrals that led up to the ordinance; stated it began because Science Corp wanted to lease space at Alameda Point and a number of residents approached Council with concerns; Science Corp did not get the four votes required; a majority of Council decided animal testing is okay as long as testing or experimentation is performed as part of research related to anticipated or actual filings by the FDA and other agencies; this is not a ban, or even a limited ban, on animal testing because biological companies that perform animal testing and come to Alameda are going to conform to FDA standards and regulatory filings; under this, Science Corp is now allowed to establish shop on City owned property; it is important to make the distinction on City owned property because Council was not precluding animal testing in the City; he is not in support of the motion because it is disingenuous to say animal testing is being banned in Alameda, even in a limited sense; residents of Alameda should be told straightforward that the majority of Council feels like animal testing is needed on City owned property; continues to support the absence of animal testing on City owned property at Alameda Point.

 

Mayor Ezzy Ashcraft inquired whether it is true that Councilmember Daysog would not support this item no matter the title, to which Vice Mayor Daysog responded in the affirmative.

 

Councilmember Vella stated it is disingenuous to say Science Corp, or a specific tenant, is going to be moving into Alameda Point; this is an ordinance, not a lease; Council still retains the right to make decisions on individual leases and 4 votes are still required; she wants the public to be aware that a lease is not up for a vote tonight nor was it agendized; people on the dais have received political contributions on both sides of the issue; corruption does not necessarily mean that is what is actually happening for anybody; rather that loosely throwing around allegations, she would love to see somebody back something up; staff was directed to come up with a policy regarding Alameda Point; she is not in support of animal testing; she has signed petitions regarding upcoming considerations and policies by the FDA and encourages colleagues, or anybody who has not already done so, to do the same; expressed concern about a potential tenant who came before Council and was not willing to engage in conversations around limitations, specifically to FDA related requirements; encouraged those interested in changing FDA requirements to engage in advocacy efforts; stated that she supports the language before Council. 

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No; Jensen: Aye; Vella: Aye and Mayor Ezzy Ashcraft: Aye.  Ayes: 3.  Noes: 2.

 

REGULAR AGENDA ITEMS

 

(24-                     ) Recommendation to Provide Direction on Naming the Park at Alameda Marina as Svendsen Maritime Park Based on the Background Investigation Report.

 

The Recreation and Park Director gave a brief oral presentation.

 

Encouraged Council to name the park Svendsen Maritime to honor, not only Svend Svendsen, but the employees and customers: Natalie Page, El Cerrito.

 

Stated it is the City’s responsibility to honor the request of naming the park after Svend; Alameda’s Historical Advisory Board’s purpose statement reads “…promote the educational, cultural, and economic welfare of the city by preserving and protecting historical resources that serve as visible reminders of the history and heritage of Alameda”; you cannot discuss the history of Alameda Marina, without talking about Svend: Amanda Pangelina, Alameda.

 

Stated Svend provided jobs for hundreds of people and invested a lot of time and money into the community; it is important to recognize his contributions and preserve some legacy of Alameda’s maritime community; he pledges to build an educational and interactive art piece for the park: Jeff Daniels, Svendsen’s Marine. 

 

Stated Svend touched and improved countless peoples’ lives in meaningful ways; Svend is entirely responsible for turning Alameda into the epicenter of recreational boating in the Bay Area for almost six decades; the park will be located in the precise spot Svend launched the greatest boat he ever built, a 90-foot custom houseboat; his notoriety as a helpful leader extended far and wide: Sean Svendsen.

 

Expressed support for the recommendation; stated the name honors the impact her father had on the community and the Bay Area; Svendsen’s Boatworks operated for almost six decades; it was a magnet that pulled in boaters from many areas of the Bay and beyond: Sabrina Svendsen.

 

Stated while working with Svend, she quickly recognized the positive impacts he had on the community, especially within the maritime sector; his contributions made him a beloved figure; she witnessed the positive influence he had on the Hispanic population; Svend was a father figure to her and many in the community; he supported countless individuals, schools, and nonprofits; expressed support for the recommendation: Anna Guzman-Pellow.

 

Stated that he had the privilege and challenge of racing against Svend and his son; he appreciated his guidance, support, and mentoring; Svend organized meetings that led to the 2013 $7 million cleanup of the estuary, followed by another in 2019, and another this past December; Svend was one of, if not the, first boatyard in the Bay to make a comprehensive environmental control program to prevent contamination of the Bay from toxic bottom paint and was recognized by the Governor for the effort; expressed support  for the recommendation: Brock de Lappe.

 

Expressed support for the recommendation and encouraged Council to approve the name; stated Svend has done a lot for the sailing community and youth programs: Roxanne Mosley and Joel Fong.

 

Stated Svend’s was the boaters’ boatyard; in 2000, Svend asked how to environmentally work on containing everything in the boatyard and not allow anything to go into the estuary, which he spent tens of thousands of dollars out of his pocket to make happen and was properly rewarded for by the State; Svend loved the Bay, workers, boaters, and community; urged Council to support the recommendation: Damir Priskich.

 

Stated that he knew Svend as a competitor in races, as a customer, and as a market competitor; Svend’s was not just a boatyard or a store, but an ecosystem; the people at the boatyard created a community of artisans; Svend would mentor, teach, support and help everyone; the ecosystem is what created the powerful cultural influence he had; expressed support for the recommendation: Ron Young, Portola Valley.

 

Mayor Ezzy Ashcraft stated that she knows the Svendsen family and was neighbors with them for some time; Svend was a lovely man and his name should be considered, however, it should not happen tonight as the naming process did not go through the approved process; the process has been used for some time and ensures everyone is on an equal playing field; the selection would be a more meaningful if it went through the proper process every other park naming goes through; she will not be supporting the item at this time; encouraged Council to follow a recommendation made in the staff report which allows Council to direct staff to conduct additional public engagement based on the original list of the top ten park names received during the community input process conducted in 2022, with the addition of the Svendsen Maritime Park name, as well as the names of women who had a historic impact in Alameda, recommended by the Alameda Museum, and names of Native American people whose remains were found during the development of the Alameda Marina property; the public should have a right to consider the options.

 

Councilmember Herrera Spencer stated the process is being misrepresented; inquired whether the property was an agendized item for the Council meeting today, to which the City Attorney responded in the affirmative.

 

Councilmember Herrera Spencer inquired whether any member of the public who wanted to weigh in on this issue could have done so, to which the City Attorney responded in the affirmative.

 

Councilmember Herrera Spencer inquired whether this was the second time the item has come to Council, to which the City Attorney responded in the affirmative.

 

Councilmember Herrera Spencer stated if at that time, the vote was 3 to 2, to which the Recreation and Park Director responded in the affirmative; stated staff received direction to research the name at the meeting on January 3, 2023.

 

Councilmember Herrera Spencer inquired if the Mayor did not support moving forward with the name at that time, to which Mayor Ezzy Ashcraft responded in the affirmative; stated that she raised the same concerns at previous meeting; what she objected to then, and now, is the process not being followed; the Recreation and Parks Commission decided to throw the rules out the window and send this name and another to Council; she is not misrepresenting the process.

 

Councilmember Herrera Spencer stated that she did not hear anyone express the same concern as the Mayor this evening; inquired whether anyone raised any concerns regarding the process not being followed via email, to which the City Manager responded in the negative.

 

Mayor Ezzy Ashcraft clarified the Recreation and Parks Commission did not follow the process.

 

Councilmember Herrera Spencer expressed support for the recommendation; stated that she believes the public is aware and is in support, as she received over 40 emails; the last direction given by Council was for a background check; thanked staff for conducting a comprehensive background check and clearly stating there is no reason the nomination could not proceed; asked whether the background check came back glowing.

 

The Recreation and Parks Director responded in the affirmative; stated the work completed by staff confirmed there was nothing in the background that would be alarming.

 

Councilmember Herrera Spencer stated having everyone return for the item again would not be appropriate; Svend had amazing friends and family; very few people in the City would have so many people take time out of their lives to come give praise and show respect.

 

Councilmember Herrera Spencer moved approval of naming the park Svendsen Maritime Park.

 

Vice Mayor Daysog stated naming the park after Svend Svendsen is right and fitting, given the contribution of the maritime industry to Alameda; the City’s flag has an anchor as the symbol; expressed support for naming the park after Svend; listed the names considered, which are not compelling; stated it is exciting to memorialize someone who contributed much to the community; encouraged Council not to complicate the matter and take the opportunity to celebrate the significant contributions of this individual and his family members.

 

Mayor Ezzy Ashcraft clarified the suggestion made was to consider other names, including the names of women who have had some significance in the maritime history on the Island, as well as Native Americans.

 

Councilmember Jensen stated the concerns regarding the process not being followed are valid, however, if Council does not provide volunteer commissions sufficient support or direction, Council should take responsibility; all names previously listed relate to the maritime industry and activities; Alameda is special; one of its greatest assets is the accessible, big network of parks; the main thing Alameda has is its people and Svend epitomizes Alameda; expressed support for the recommendation; stated it is a good idea to celebrate our people; this is the best option.

 

Mayor Ezzy Ashcraft inquired whether Councilmember Jensen was not troubled by the fact that the Recreation and Parks Commission did not follow the Council approved process and whether she would not consider having the matter go back to the Commission for reconsideration, along with other names.

 

Councilmember Jensen stated that she will support the motion made.

 

Mayor Ezzy Ashcraft inquired whether she needed to disclose any personal relationships or campaign contributions received.

 

Councilmember Jensen inquired whether her contributions have a bearing on this issue; inquired whether Council is required to disclose contributions from the community when making decisions and if the preference is that she recuse herself; inquired whether members of the body recuse themselves from any decision having to do with any industry or individual that has contributed to their campaign.

 

Mayor Ezzy Ashcraft responded it is a combination of things, but if Council decides to depart from the process, it is for the sake of transparency.

 

Councilmember Jensen stated that she has not been influenced or received any monetary value or contribution for her vote in this matter.

 

Vice Mayor Daysog stated that he is not completely convinced by the argument that the process was not followed; there was a Recreation Commission meeting and an evaluation of certain names had to have been arrived to through some process; Council relies on ourselves, as well as Commission members, to exercise discretion and judgement, which he believes was done; the names were found lacking; there is a name that is fitting and right for the specific spot because of what it represents to all of Alameda and its maritime history.

 

Mayor Ezzy Ashcraft stated the process clearly was not followed pursuant to the staff report before Council; requested clarification whether an exception should be made in this case, to which Vice Mayor Daysog responded in the affirmative.

 

Councilmember Herrera Spencer stated this is not an exception but rather, appropriate; validated Councilmember Jensen; stated that she has worked with her for many years on various boards and she would never question her integrity; she is saddened such comments were suggested.

 

Councilmember Jensen seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Herrera Spencer and Jensen - 3. Noes: Mayor Ezzy Ashcraft - 1.  [Absent: Councilmember Vella - 1.]

 

(24-                     ) Recommendation to Accept the Annual Military Equipment Report for the Alameda Police Department and Continue to Allow the Department to Use and Maintain the Equipment Previously Adopted;

 

(24-   A) Introduction of Ordinance Adopting a Military Equipment Use Policy for Uncrewed Aerial Systems (UAS) (Drones) for the Alameda Police Department; and

 

(24-   B) Recommendation to Authorize the City Manager to Purchase Two Drones from Axon Enterprise, Inc. in an Amount Not-to-Exceed $143,804.02 over a Term of Five Years, once the Ordinance Authorizing a Policy Governing the Use of Drones Becomes Effective.  Continued to June 4, 2024.

 

The matter was opened and continued to Section 6 on June 4, 2024.

 

CONSENT CALENDAR - ITEMS REMOVED FOR DISCUSSION

 

(24-                     ) Adoption of Resolution Reauthorizing Resolution No. 16104, which Amended the Rules of Order Governing City Council Meetings Concerning the Consent Calendar, Speaking Times for the Public and Reviewing, Changing or Rescinding Prior Council Actions. Continued to June 4, 2024.  

 

CITY MANAGER COMMUNICATIONS

 

(24-                     ) The City Manager stated construction on Park Street between San Jose Avenue and Webb Avenue is currently taking place with crews installing new bike lanes; restriping is the next step, moving parking back to the curb, and adding new short-term and disabled parking; encouraged everyone to attend the Alameda Point Open House on Saturday, June 1st, from 2 to 5 p.m. where people can learn about what is happening currently, as well as future plans for Alameda Point; the location and additional information can be found on the City’s website; stated AC Transit has its draft realign plan online and is seeking public comment through June 5th; more information can be found on actransit.org/realign; the draft plan is proposing major changes to bus services in Alameda and region-wide; encouraged everyone to learn more and share feedback; encouraged people to join the community meeting on Saturday, June 8th, about the design for a new aquatic center; stated the first online survey can be found by visiting the City’s website.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

None.

 

COUNCIL REFERRALS

 

None.

 

COUNCIL COMMUNICATIONS

 

(24-                     ) Vice Mayor Daysog announced that he attended a recent luncheon and a meeting.

 

(24-                     ) Councilmember Jensen suggested the meeting be adjourned in memory of Delaney Smith; stated that she interned at Ms. Smith’s office at California State University East Bay, where she learned a lot about East Bay politics; she was one of the many women who was supported by Ms. Smith during her long career as an elected and appointed East Bay official.

 

ADJOURNMENT

 

(24-   ) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:51 p.m. in memory of Joyce Denyven.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

The agenda for this meeting was posted in accordance with the Sunshine Ordinance.