File #: 2016-3263   
Type: Consent Calendar Item
Body: City Council
On agenda: 9/6/2016
Title: Minutes of the Special and Regular City Council Meetings Held on July 5, 2016 and July 19, 2016. (City Clerk)

Title

 

Minutes of the Special and Regular City Council Meetings Held on July 5, 2016 and July 19, 2016. (City Clerk)

 

Body

 

UNAPPROVED

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -JULY 5, 2016- -6:00 P.M.

 

Mayor Spencer convened the meeting at 6:00 p.m.

 

Roll Call -                      Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer - 5.

 

[Note: Councilmember Daysog arrived at 6:09 p.m.]

 

Absent:                     None.

 

The meeting was adjourned to Closed Session to consider:

 

(16-   ) Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code § 54956.9); CASE NAME: Zachary Ginsburg v. City of Alameda; COURT: Superior Court of the State of California, County of Alameda; CASE NO: RG15791428

 

Following the Closed Session, the meeting was reconvened and Mayor Spencer announced direction was given to staff.

 

Adjournment

 

There being no further business, Mayor Spencer adjourned the meeting at 6:32 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

 

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

 

****************************************************************************************************

 

UNAPPROVED

MINUTES OF THE REGULAR CITY COUNCIL MEETING

TUESDAY- -JULY 5, 2016- -7:00 P.M.

 

Mayor Spencer convened the meeting at 7:03 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer - 5.

 

Absent:                     None.

 

AGENDA CHANGES

 

(16-                     ) Mayor Spencer announced that the ordinance authorizing Lease with Pacific Automated [paragraph no. 16-                     ] and the ordinance amending the Municipal Code [paragraph no. 16-                     ] were withdrawn and would return at a later date.

 

PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS

 

(16-                     ) Presentation of Certificates of Service to Dean Batchelor, Civil Service Board; Dennis Owens and Donna Rauk, Historical Advisory Board; Cullen Jones, Housing Authority Board of Commissioners; Mike Henneberry, Planning Board; Elizabeth Candelario, Public Art Commission; Suzanne Warner, Rent Review Advisory Committee; Doug Biggs and Michael Radding, Social Service Human Relations

Board; Eric Schatmeier, Transportation Commission.

 

Mayor Spencer presented the service certificates Mr. Owens and Mr. Biggs.

 

Mr. Owens and Mr. Biggs made brief comments.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

(16-                     ) Paul Foreman, Alameda, discussed the Governor’s State Budget Trailer Bill regarding streamlining affordable housing; urged Council to oppose the legislation.

 

Mayor Spencer requested staff to provide contact information for the public.

 

Councilmember Ezzy Ashcraft stated Council has not taken action on the matter.

 

Mayor Spencer requested the information be included in the staff report.

 

The City Manager stated the information would be included in the staff report that would go out on Thursday.

 

CONSENT CALENDAR

 

Mayor Spencer announced that the agreement with Strategic Economics [paragraph no. 16-                     ] and the final passage of the ordinance [paragraph no. 16-                     ] were removed from the Consent Calendar for discussion.

 

Councilmember Ezzy Ashcraft moved approval of the remainder of the Consent Calendar.

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.  [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]

 

(*16-                     ) Minutes of the Special, Regular and Successor Agency to the Community Improvement Commission Meetings Held on June 7, 2016.  Approved.

 

(*16-                     ) Ratified bills in the amount of $1,959,969.81.

 

(*16-                     ) Recommendation to Accept the Investment Report for the Quarter Ending March 31, 2016. Accepted.

 

(16-                     ) Recommendation to Approve a Nine Month Agreement in the Amount of $148,085 with Strategic Economics to Prepare an Economic Development Strategic Plan for the City of Alameda, and Reappropriate $50,000 from Unspent Fiscal Year 2015-16 Funds for the Agreement.

 

Councilmember Daysog stated the project is based on the 2000 Economic Development Strategic Plan; he looks forward to discussing how to alter the Transient Occupancy Tax (TOT) rate and still be competitively positioned.

 

Vice Mayor Matarrese stated the plan is a staff-driven activity; Council just appointed the Mayor’s Economic Development Advisory Panel (MEDAP) on June 7th; Council should give specific direction that the process be driven by expertise just gathered; he would like the plan to be a community-driven exercise.

 

In response to Vice Mayor Matarrese’s inquiry, the Economic Development Manager stated staff plans to use an ad hoc committee and the MEDAP; after community input and direction from the Panel, the plan will go to the Planning Board, then back to Council.

 

Mayor Spencer inquired who will choose the members of the ad hoc committee, to which the Economic Development Manager responded staff would put together the committee.

 

In response to Mayor Spencer’s inquiry, the Economic Development Manager stated one person from the Mayor’s Advisory Panel would be on the ad hoc committee.

 

Councilmember Ezzy Ashcraft inquired why there would be only one person from MEDAP, to which the Economic Development Manager responded there was only one volunteer.

 

Mayor Spencer stated that she is concerned $150,000 is being requested and the MEDAP was just appointed and has not even met yet; she would like the MEDAP to be heavily involved and would like their feedback.

 

Councilmember Daysog recommended bringing the plan to the Panel to lay out the roles, then move it forward to the committee; suggested that at a meeting of Panel there be an opportunity to decide whether additional members want to be involved in the committee and which members want to participate in the whole process.

 

Mayor Spencer inquired whether staff would choose the members of the ad hoc committee, to which the Economic Development Manager responded in the affirmative.

 

Mayor Spencer inquired how many members would be on the committee, to which the Economic Development Manager responded there would be about seven members.

 

Mayor Spencer stated she is not supportive of staff choosing the members; Council should choose the members.

 

Vice Mayor Matarrese stated that he does not want to add another layer of committees; suggest the MEDAP oversee the project; stated Council just pulled the expertise together; the description of the panel includes advising and reporting to the Mayor and Council on policies and programs; the strategic plan is the ultimate in policies and programs; he would like the Advisory Panel to oversee the plan and come to Council with a recommendation.

 

Mayor Spencer stated Council wants the volunteer’s expertise to be used.

 

Councilmember Ezzy Ashcraft suggested sending the item back for staff to provide more detail; stated that she does not object to staff suggesting the members, but would like to see the groups [ad hoc committee and MEDAP] work together.

 

Councilmember Oddie stated rather than have Council micromanage the minutia of the process, he would like to see the results.

 

Councilmember Daysog stated Council could still move forward and work with the process laid out by staff; the process should be flexible to allow individuals to participate and be tweaked.

 

Councilmember Ezzy Ashcraft stated that she would like consultants to provide Council with the names of the panel members.

 

The Economic Development Manager stated the consultants would attend the MEDAP meeting.

 

Vice Mayor Matarrese moved approval of sending the matter back to have staff describe role of the MEDAP and follow the intended use of the Panel in the description.

 

Mayor Spencer seconded the motion.

 

Councilmember Daysog stated that he would not support the motion; the process outlined could be moved forward and incorporate all the concerns.

 

On the call for the question, the motion failed by the following voice votes: Ayes: Vice Mayor Matarrese and Mayor Spencer - 2. Noes: Councilmembers Daysog, Ezzy Ashcraft and Oddie - 3

 

Councilmember Daysog moved approval of accepting staff’s recommendation to start the process, with the amendment to invite Panel members to be further engaged during the process.

 

The City Manager suggested the motion include that MEDAP be involved in all steps of the process.

 

Councilmember Oddie seconded the motion.

 

Mayor Spencer stated that she would not support the motion; she is concerned about asking people to volunteer their time without utilizing their expertise.

 

Councilmember Oddie stated there was one volunteer.

 

Mayor Spencer stated that she cannot believe there was only one volunteer from the entire panel.

 

Councilmember Ashcraft stated that she would like to see a meeting of the entire Panel so the consultants can see the full breadth of expertise.

 

On the call for the question, the motion carried by the following voice votes: Ayes: Councilmembers Daysog, Ezzy Ashcraft and Oddie - 3.  Noes: Vice Mayor Matarrese and Mayor Spencer - 2.

 

(*16-                     ) Recommendation to Authorize the City Manager to Execute a Three-Month Contract Extension with CSG Consulting Services for Professional Plan Check Services. Accepted.

 

(*16-                     ) Recommendation to Award a Contract in the Amount of $625,083, Including Contingencies, to Harbor Bay Business Park Association (HBBPA) for the Landscape Maintenance Management Contract for the City of Alameda Island City Landscaping and Lighting District 84-2, Zone 5 - Harbor Bay Business Park. Accepted.

 

(*16-                     ) Recommendation to Award a Contract in the Amount of $4,565,426, Including Contingencies, to Goodland Landscape Construction, Inc., for Estuary Park Site Improvements, Phase 1, No. P.W. 02-16-01 and to Amend Fiscal Year 2016-17 Project Budget. Accepted.

 

(*16-                     ) Recommendation to Award a Professional Services Contract to Ninyo and Moore For Geotechnical Testing and Inspection Services in the Amount of $100,379, including Contingency of $4,780, for Estuary Park Site Improvements, Phase 1, No. P.W. 02-16-01. Accepted.

 

(*16-                     ) Recommendation to Authorize the City Manager to Execute an Agreement with Macks Craic, Inc., (dba Mack5) in the Amount of $157,815 for Construction Management Services for Estuary Park, Jean Sweeney Open Space Park and Krusi Park Recreation Center Replacement and Amend Fiscal Year 2016-17 Revenue Budget by $20,000 for the Jean Sweeney Open Space Park CIP 91309. Accepted.

 

(16-                     ) Ordinance No. 3156, “Amending the Alameda Municipal Code by Adding Section 2.24 to Article II of Chapter II Related to Emergency Organization and Creating the City of Alameda Disaster Council as Required by State Law to Obtain Legal Recognition as an Official Emergency Organization.” Finally passed.

 

Stated the Charter provides that the Mayor may take command and govern the City by proclamation in the event of an emergency; the ordinance conflicts with the Charter and gives the same power to the City Manager; urged clarification of the ordinance language: Paul Foreman, Alameda.

 

The City Attorney stated that she provided information to the Council; she disagrees with Mr. Foreman’s interpretation of the ordinance and Charter; Section 6-1 of the Charter was adopted in 1937 prior to the Emergency Operations Plan (EOP); the City is in compliance with the Charter and there is no conflict.

 

Councilmember Daysog stated the purpose of a Disaster Council is to have a game plan in place before a disaster; Charter Section 6-1 allows the Council to designate that Mayor in charge of Police and Fire; the point of having a disaster plan is so Council would not have to pull the trigger of Section 6-1; he is in favor of Section 3-12 which gives the Council the ability to determine emergencies; the plan is being put in place now so that things are not done on the fly in the event of an emergency.

 

In response to Mayor Spencer’s inquiry, the City Attorney stated the Disaster Council meetings are subject to the Sunshine Ordinance and are open and public.

 

Mayor Spencer stated that she is concerned because the change completely removes City Council representation on the Disaster Council; three of the Disaster Council members listed do not live on the Island, including the Police Chief, Fire Chief, and City Manager; all Council members live in Alameda; a letter from former Mayor Johnson recommends increasing the role of Council on the Disaster Council; the Mayor does not support eliminating Council’s role. 

 

Vice Mayor Matarrese stated the separation of operations from policy is maintained in the ordinance and does not usurp the ability of the Council to provide authority to the Mayor, or the Council’s role in defining an emergency.

 

Vice Mayor Matarrese moved final passage of the ordinance.

 

Councilmember Ezzy Ashcraft seconded the motion.

 

Under discussion, Councilmember Ezzy Ashcraft stated, disaster planning and preparedness is now differently; the kinds of disasters communities have seen would not have been contemplated; responses to emergencies more sophisticated; the Disaster Council brings together staff and a variety of backgrounds in the community; the Disaster Council does the planning; encouraged residents to take Community Emergency Response Team (CERT) training.

 

Mayor Spencer stated Alameda is not following the State’s model ordinance; the State-proposed ordinance has the Mayor as the Chair of the Disaster Council.

 

Councilmember Oddie stated he concurs with Councilmember Daysog’s statements.

 

On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4.  Noes: Mayor Spencer - 1.

 

REGULAR AGENDA ITEMS

 

(16-                     ) Resolution No. 15183, “Calling an Election to be Consolidated with the City’s Next General Municipal Election on November 8, 2016, and Submitting to the Voters at That Election a Measure, the Utility Modernization Act, That Proposes to Amend the City Charter by Amending Section 12-6 to Reaffirm Alameda Municipal Power’s Annual General Fund Transfer and Amending the Alameda Municipal Code by Repealing Chapter 3-59 and Replacing It with a Modernized Utility Users Tax Ordinance; Consider Authoring a Direct and Possible Rebuttal Argument; and Direct  the City Attorney to Prepare the Impartial Analysis.” Adopted.

 

The Assistant City Manager, Don Maynor, MuniServices, and the Finance Director gave a Power Point presentation.

 

Mayor Spencer inquired whether the ordinance includes confirming the transfer, to which Mr. Maynor responded in the negative.

 

Councilmember Daysog inquired what portion of the $8 million Utility Users Tax (UUT) revenue comes from cell phone users, to which the Finance Director responded 30% of the UUT revenue comes from telecommunication; continued the presentation.

 

Mayor Spencer inquired whether the Balanced Revenue Index (BRI) formula is unique to Alameda.

 

The Finance Director responded a previous City Manager negotiated with bargaining groups to develop the formula; continued the presentation.

 

The Assistant City Manager stated the City of Livermore is considering adopting the formula.

 

In response to Mayor Spencer’s inquiry, the Finance Director stated the total increase is $3.6 million.

 

The Assistant City Manager noted the $1.5 million increase in the UUT would not affect the BRI.

 

Mayor Spencer stated the $1.5 million was anticipated to be a negative increase; inquired whether it is a positive increase, to which the Finance Director responded in the affirmative 

 

Councilmember Oddie inquired whether there is a BRI-free year in 2019, to which the Finance Director responded in the affirmative.

 

Councilmember Ezzy Ashcraft inquired whether there will be a significant increase in the amount of UUT collected.

 

The Finance Director responded it depends on cell phone use.

 

Mr. Maynard stated the amount is difficult to predict.

 

In response to Mayor Spencer’s inquiry, the Finance Director stated the public safety contract is six years; continued the presentation.

 

Mayor Spencer inquired whether pension is determined by the pay of public safety employees, to which the Finance Director responded pension is determined by the salary amount.

 

Councilmember Daysog inquired whether Alameda is at risk of bankruptcy if the UUT does not pass.

 

The Finance Director responded that she is not certain she can say Alameda is at risk because the City has reserves.

 

The City Manager stated it is important to note that the balance is protecting services versus pensions; residents depend on emergency services; the Utility Modernization Act (UMA) preserves the existing revenue source to continue in the future.

 

Councilmember Ezzy Ashcraft stated hopefully no Council would take the City to bankruptcy; Council is being prudent and looking to the future.

 

Councilmember Matarrese moved [adoption of the resolution] calling an election to be consolidated with the City’s next General Municipal Election on November 8, 2016, and submitting to the voters at that Election a Measure, the Utility Modernization Act, that proposes to amend the City Charter by amending Section 12-6 to reaffirm Alameda Municipal Power’s annual General Fund transfer and amending the Alameda Municipal Code by repealing Chapter 3-59 and replacing it with a modernized Utility Users Tax ordinance; Consider Authoring a Direct and Possible Rebuttal Argument; and Directing the City Attorney to Prepare the Impartial Analysis.

 

Councilmember Daysog requested to bifurcate the motion to separate the UUT Modernization from the General Fund transfer.

 

Mayor Spencer concurred with Councilmember Daysog; stated that she will support the transfer but not the increase.

 

The City Clerk stated the two issues are combined in one resolution and one act; they cannot be separated.

 

Councilmember Ezzy Ashcraft seconded the motion.

 

The City Attorney clarified that the act has two components which cannot be separated.

 

Mayor Spencer stated that she will not be supporting the motion in its entirety; Alameda is exercising an abundance of caution; other cities have not put anything on the ballot; she is concerned that the BRI formula may result in higher tax and an increase in pay, rather than expanding services, which she does not support

 

Councilmember Daysog made a substitute motion to bifurcate the two components.

 

Mayor Spencer seconded the substitute motion which failed by the following voice votes: Ayes: Councilmember Daysog and Mayor Spencer - 2.  Noes:  Councilmembers Ezzy Ashcraft, Matarrese and Oddie - 3.

 

Councilmember Oddie stated modernizing the UUT is an important step Council must take.

 

Councilmember Daysog stated he would support the motion; it is important to have the transfer; the BRI formula is not sustainable and should be changed.

 

On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4.  Noes: Mayor Spencer - 1.

 

In response to the City Attorney’s inquiry regarding authoring an argument, Councilmember Ezzy Ashcraft stated she would delegate it to staff.

 

Vice Mayor Matarrese moved approval of assigning two Councilmembers to author a [argument and] rebuttal with staff and have Council approve.

 

Councilmember Daysog stated there are two arguments that need signatures.

 

The City Clerk clarified that the direct argument is due July 19th and the rebuttal would be due July 28th.

 

Tom Clifford, Clifford Moss, stated that he recommends a subcommittee vet and decide who will sign the argument, along with community members.

 

Mayor Spencer stated Vice Mayor Matarrese and Councilmember Daysog could be the subcommittee.

 

Councilmember Ezzy Ashcraft noted the Council is also directing the City Attorney to provide the impartial analysis.

 

The motion carried by consensus.

 

(16-                     ) Recommendation to Approve the Jean Sweeney Open Space Park Design Development Plan.

 

Vice Mayor Matarrese recused himself and left the dais. 

 

The Recreation and Parks Director gave a Power Point presentation.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Recreation and Parks Director stated the natural play area would be Americans with Disabilities Act (ADA) accessible; continued the presentation.

 

Mayor Spencer inquired whether there will be an Environmental Impact Report (EIR).

 

The Recreation and Parks Director responded an initial study was done and Council approved a Mitigated Negative Declaration to meet the California Environmental Quality Act (CEQA) requirements; the area would be constantly checked to make sure the habitat is protected as the project moves forward.

 

Mayor Spencer inquired about the bicycle trail gap on Atlantic Avenue between Constitution Avenue and Webster Street.

 

The Recreation and Parks Director responded staff has taken a draft design to the Transportation Commission; final drawings were intentionally delayed because the Housing Authority applied for a grant to fund the Midblock Crossing for seniors at Independence Plaza; the goal is to create a signalized crosswalk for safe crossing; Public Works has set aside $200,000 to create a bikeway along that gap.

 

Councilmember Ezzy Ashcraft inquired what is the estimated amount of funding needed, to which the Recreation and Parks Director responded approximately $165,000.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Recreation and Parks Director stated Bike Walk Alameda approved the plans for the bike trail; continued the presentation.

 

In response to Councilmember Daysog’s inquiry, the Recreation and Parks Director stated staff would operate from the park maintenance building which would be built on the Sherman Street side.

 

Councilmember Daysog inquired whether a resident community center is being contemplated, to which the Recreation and Parks Director responded in the negative; stated the Council approved the park master plan which provides for all open space.

 

Councilmember Daysog inquired whether Lookout Point is recreational or utility, to which the Recreation and Parks Director responded Lookout Point is intended as a play component.

 

Councilmember Ezzy Ashcraft inquired whether the park is able to be closed and how it will be enforced.

 

The Recreation and Parks Director responded only Longfellow Park is locked; stated enforcement would be the same as other parks, which includes patrol by neighbors, eyes on the street, and Police.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Recreation and Parks Director stated neighbors have been heavily involved in the discussions regarding the development of the park.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Recreation and Parks Director stated she has not gone door to door to the neighbors whose backyards are right along the park; she has talked to some neighbors, who overall are excited; the biggest concern is no amplified sound and parking in the neighborhoods.

 

Councilmember Ezzy Ashcraft inquired whether there would be any shared parking with business park, to which the Recreation and Parks Director responded in the negative.

 

Councilmember Oddie stated that he hopes the tower at Lookout Point could be considered in the future as something where people could admire the beauty of the park.

 

Expressed his support for the plan, which is Jean’s dream; outlined the history of acquiring the property: Jim Sweeney, Jean Sweeney Open Space Park Fund.

 

Urged everyone to review information on SweeneyOpenSpace.org: Dorothy Freeman, Jean Sweeney Open Space Park Fund.

 

Expressed concern over the loss of Bay Eagle garden; stated that she likes the Jean Sweeney plan, but would like to see both gardens: Jane Jackson, Bay Eagle Community Garden.

 

Stated the plan is a chance to have a regional jewel and an opportunity to reinvigorate knowledge of growing vegetables; gave an overview of the foragers’ garden idea: Marla Koss, Alameda Backyard Growers.

 

Stated a lot of consideration has gone into the detail and design of the park; urged Council to approve the design and move forward: Bill Delaney, Recreation and Park Commission.

 

Councilmember Ezzy Ashcraft commended the Recreation and Parks Director and Park Designer Kristoffer Köster; the 27 acres will be turned into outdoor space.

 

Councilmember Oddie stated iconic parks define cities; Jean Sweeney Park will be Alameda’s iconic park; the presentation was amazing and he will remember voting for the park as he does for Alameda Point; his promise to Jean’s legacy is to do whatever he can to pay for the maintenance of the park.

 

Councilmember Daysog thanked all the people involved; stated that he appreciates the commitment of residents and the efforts of staff; he is excited to break ground on the park.

 

Mayor Spencer thanked the Sweeneys, staff, and Friends of Jean Sweeney Park; stated she that appreciates Jim Sweeney serving as Grand Marshall of the 4th of July Parade.

 

Councilmember Ezzy Ashcraft moved approval of the Jean Sweeney Open Space Park Design Development Plan.

 

Councilmember Oddie seconded the motion, which carried by unanimous voice vote - 4.  [Absent: Vice Mayor Matarrese - 1.]

 

***

Mayor Spencer called a recess at 9:53 p.m. and reconvened the meeting at 10:01 p.m.

 

(16-                     ) Mayor Spencer stated that she would like to call the rent item [paragraph no. 16-                     ] next.

 

In response to Mayor Spencer’s inquiry, the City Clerk stated the two remaining lease ordinances should go quickly; the ordinances need to be introduced tonight in order to be finally passed at the July 19th meeting.

 

Mayor Spencer stated that she would like to move the rent item before the two leases.

 

Councilmember Ezzy Ashcraft stated she would like to keep the agenda order since the two leases could move expeditiously.

 

Mayor Spencer inquired whether there was objection to calling the rent item first.

 

Vice Mayor Matarrese stated he would agree to calling the rent item first if there was a commitment to go past 11:00 p.m. in order to address the two lease items.

 

Councilmember Ezzy Ashcraft stated she is willing to go past 11:00 p.m. for the rent item and two leases, but not for the Council referrals; Council is not serving the public if meetings go late.

 

Councilmember Oddie stated the lease items would have already been finished by now had the items been called; he cannot commit to going past 11:00 p.m. at this point.

 

By consensus, approval of calling the rent item [paragraph no. 16-                     ] carried by the following voice vote: Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Mayor Spencer - 4. Abstention: Councilmember Oddie - 1.

***

(16-                     ) Recommendation to Accept Comparison of (1) the City’s Rent Review, Rent Stabilization and Limitations on Eviction Ordinance (City’s Ordinance), (2) the Proposed City of Alameda Charter Amendment to Establish Rent Control, a Rent Control Board, and Regulate Termination of Tenancies (Renters’ Initiative), and (3) the Proposed City of Alameda Charter Amendment to Prohibit the City from Imposing Restrictions on the Price for which Real Property May Be Rented or Sold (Landlords’ Initiative); and

 

(16-                     A) Provide Direction to Staff Regarding the November 8, 2016 Ballot: (1) Arguments Relating to the Proposed Renters’ Initiative Should that Renters’ Initiative Qualify for the Ballot; and (2) Whether the City Should Place City’s Ordinance on the Ballot as a Proposed Charter Amendment.

 

The Community Development Director and John Bliss, SCI Consulting, gave a Power Point presentation.

 

Councilmember Daysog inquired whether the five cases heard by the Rent Review Advisory Committee (RRAC) means that the landlord and tenant came to an agreement through the RRAC process, and therefore all 21 cases of rent increases have been resolved, to which the Community Development Director responded in the affirmative.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Community Development Director stated the RRAC cases reflect the months of April, May, and June; July’s RRAC meeting is tomorrow night, July 6th.

 

Mayor Spencer inquired how many cases will be heard at tomorrow’s RRAC meeting, to which the Community Development Director responded five cases are schedule, but the numbers may have been reduced as cases tend to be resolved prior to the meeting.

 

Councilmember Oddie inquired how many of the 21 cases could have been eligible for binding arbitration, to which the Community Development Director she does not have the answer but would find out and inform Council.

 

Mr. Bliss continued the presentation.

 

In response to Mayor Spencer’s inquiry, the Community Development Director stated Council affirmatively determined that the Housing Authority-owned units and Section 8 units would be exempt from rent control; the renter’s initiative language is unclear whether Section 8 units would be exempt from rent control.

 

In response to Councilmember Ezzy Ashcraft’s inquiry, the Community Development Director stated the landlord’s initiative talks specifically about the City’s inclusionary zoning and regulatory agreements that may be in place for non-profit housing; it does not directly address Section 8 voucher holders in the private market.

 

In response to Mayor Spencer’s inquiry, the Assistant City Attorney stated staff could not say to Council that Section 8 housing is categorically exempt given the uncertainty of the language in the renter’s initiative which defines a controlled rental unit.

 

Mayor Spencer requested staff to determine whether rent control would apply to Section 8 voucher holders prior to the election.

 

The Assistant City Attorney stated staff could provide an opinion on the matter, but cannot state how a court would make the determination.

 

Mayor Spencer stated she would like to have an educated opinion on the issue.

 

Councilmember Ezzy Ashcraft stated that she would want the drafters of the legislation to explain their intent; the questions should not be asked of the City Attorney.

 

The City Attorney concurred with Councilmember Ezzy Ashcraft; stated the City does not know the answer to whether Section 8 would be exempt; if the initiative passes, there are potential questions that need to be determined through court.

 

Mayor Spencer inquired whether or not the Housing Authority could weigh in on the Section 8 issue.

 

Vice Mayor Matarrese stated the wording is not going to change.

 

The Community Development Director noted Housing Authority staff initially raised the concern about the ambiguity of the language.

 

Mayor Spencer stated that she hopes to hear back from the Housing Authority prior to the election.

 

The City Clerk outlined the options of the initiatives being placed on the November ballot; stated the landlord’s initiative may not make it in time for the July 19th meeting.

 

Mayor Spencer inquired what would happen if the landlord’s initiative does not make it by the July 19th meeting.

 

The City Clerk responded it would mean two potentially competing measures would end up on two separate elections and the City would have to deal with it later; the tenant’s initiative could potentially go on the November ballot, and the landlord initiative would be in 2018.

 

Councilmember Daysog stated the only reason why the landlord initiative would not make it is because Council does not meet in August; the choice to not meet in August affects deliberating on the landlord initiative; if Council decides to meet in August, the landlord’s initiative could go on the November 2016 ballot.

 

The City Clerk stated the cut-off date for initiatives to be submitted to the County is August 12th.

 

In response to Councilmember Oddie’s inquiry, the City Clerk stated a decision on arguments does not have to be done today; the matter would come back to Council on July 19th.

 

Councilmember Ezzy Ashcraft stated everyone knew the rules were in place regarding the Council going dark in August; Council would have to decide at another time whether or not to move the “finish line.”

 

In response to Councilmember Daysog’s inquiry, the City Clerk stated July 19th is the last regularly scheduled Council meeting; the Certificate of Sufficiency is required to go to Council at a regular meeting.

 

Mayor Spencer inquired whether Council could set a regular meeting in August, to which the City Clerk responded in the affirmative; stated the Council could amend the previously adopted resolution setting regular meetings.

 

The City Attorney stated amending the meeting-setting resolution is not before the Council tonight.

 

In response to Mayor Spencer’s inquiry, the City Attorney stated amending the resolution to set regular meetings would have to be agendized for July 19th.

 

Mayor Spencer inquired whether the resolution amendment could be added to the July 19th agenda, to which the City Clerk responded in the affirmative.

 

The Assistant City Attorney stated Council has the discretion to set the next election in March 2017 if the initiative does not make it to Council at a regular meeting before the August 12th deadline.

 

***

(16-                     ) Mayor Spencer stated a motion is needed to consider the remaining items, which are the Kai Concepts lease [paragraph no. 16-                     ], the La Costa Pacific lease [paragraph no. 16-                     ], and the three referrals.

 

Councilmember Daysog moved approval [of considering the remaining items].

 

Mayor Spencer inquired whether the motion is for the two leases or the two leases and the referral.

 

Councilmember Daysog stated that he would defer to the Council’s pleasure.

 

Councilmember Oddie, Ezzy Ashcraft and Mayor Spencer expressed support for only hearing the two leases.

 

Councilmember Daysog stated his motion would be to consider the two leases.

 

Vice Mayor Matarrese second the motion, which carried by unanimous voice vote - 5.

***

 

Urged Council to allow voters to vote on the two initiatives and not add the City’s ordinance: Jay Justin Julio Feria, Filipino Advocates for Justice.

 

Expressed concern that the two ballot initiatives and Charter amendment will confuse voters; urged the renters initiative be placed on the ballot: Erin Subido, Filipino Advocates for Justice.

 

Stated profit margins are valued more than the community; urged support for renters:  Christina Rey, Filipino Advocates for Justice.

 

Stated the signature gatherers for the renters initiative worked very hard to submit their petition on time; she does not believe special privilege should be offered to those who were not as timely: Bunny Duncan, Alameda Renters Coalition (ARC).

 

Expressed her disappointment in an obvious bias against renters; stated the City’s ordinance is failing; Council continues to deliberate the issue very late when supporters have to leave and are unable to voice their concerns; urged Council to step up and protect their constituents, more than half of whom are renters: Catherine Pauling, ARC.

 

***

(16-                     ) Mayor Spencer stated a motion is needed to continue the meeting past 11:00 p.m.

 

Councilmember Ezzy Ashcraft moved approval [of continuing the meeting].

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.

***

 

Stated she is a professional and is struggling with rent issues which affect everyone, not just the underprivileged; urged Council to consider what is right and to support rent control: to Julia Norris, Alameda.

 

Stated she collected signatures and found that a lot of tenants are afraid of their landlords; urged Council to make a reasonable decision to help Alameda tenants: Gloria Rios, ARC.

 

Stated having clear laws creates less litigation; he is concerned about landlords receiving a 7.9% raise; Alameda renters would not be able to survive: Eric Strimling, ARC.

 

Stated residents cheered for the ARC truck in the Fourth of July parade; people are confused and think the Council already enacted rent control via the City ordinance; putting the City ordinance on the ballot will be a huge mistake: Bill Rowen, ARC.

 

Stated the only way to protect Alameda renters and the community is to tie increases to 65% of CPI and end no-cause evictions; urged Council to keep Alameda residents in their homes: Brad Hirn, ARC.

 

Expressed concern that generations of Alamedans can no longer afford to live in Alameda; urged Council to do something before the next generation of residents are people who have never been to Alameda: Catlin Grey, Alameda.

 

Expressed support for the renters initiative; stated her family moved to Alameda because of the community and the public schools; urged Council to do the right thing: Patricia Grey, Alameda.

 

In response to Mayor Spencer’s inquiry, the City Manager stated Council is being presented a comparison of two initiatives that the Council has no control over amending or selecting; the issue is purely about how many signatures are verified by the County and whether or not the initiatives will come on July 19th for the Council to automatically put on the ballot; the rent stabilization ordinance will continue to stand until the election changes it;  staff is giving an objective overview and providing education to the public.

 

Mayor Spencer inquired what is the purpose of accepting the comparison, to which the City Manager responded there is nothing to accept or change; stated the comparison is for informational purposes only; the chart could go on the City website for public education and for staff to clarify the differences.

 

Councilmember Ezzy Ashcraft stated that she regrets the misunderstanding about the suggestion of placing the City’s ordinance on the ballot; she understands staff was trying to show the whole spectrum of possibilities, but it counteracts the important element of flexibility Council built into the ordinance.

 

Vice Mayor Matarrese moved approval of accepting the presentation as a summary and the detailed attachment.

 

Mayor Spencer seconded the motion.

 

Under discussion, Councilmember Daysog stated the recommendation goes beyond just accepting the presentation; staff wants Council to make a decision; the key component of the City ordinance is preventing excessive rent increases; the presentation is of value and the ordinance seeks the necessary balance.

 

Councilmember Oddie stated that he has no problem placing the comparison on the website as information, but feels it is premature as neither initiative has qualified yet; people are not getting details, only highlights, which causes confusion and misinformation.

 

Councilmember Ezzy Ashcraft concurred with Councilmember Oddie; stated Council will know this week if the renters initiative qualifies; placing information on the website before knowing what will be on the ballot invites confusion; offered a friendly amendment to the motion: the information would be placed on the website at such time when the initiatives qualify.

 

Vice Mayor Matarrese accepted the amendment to the motion.

 

Councilmember Daysog seconded the amended motion, which carried by unanimous voice vote - 5.

 

Vice Mayor Matarrese stated that he will not support the Council being involved in the arguments for or against; he does not support putting the City ordinance on the ballot as a Charter amendment.

 

Councilmember Oddie stated that he would not be in favor of Council weighing in either way; it is premature.

 

Councilmember Daysog stated it is important to weigh in on ballot initiatives whose repercussions could be as profound as the City of Berkeley rent control; it is the responsibility of the Council to express to the tenants, landlords, and undecided Alamedans where it stands; the issue is too profound to not speak out.

 

Councilmember Ezzy Ashcraft stated it is important for Council to stick to its word; the provision in the ordinance allows for annual review; she respects the public process, but putting the measure as a Charter amendment on the ballot would be a mistake; she would not support it.

 

Mayor Spencer stated that she would like a discussion of arguments to come back on July 19th; she does not plan to support the renters initiative; she supports the Council ordinance.

 

Councilmember Oddie stated if the initiatives qualify, Council could make a determination on July 19th.

 

The City Manager stated two Councilmembers could agree to draft an argument to be brought back on July 19th; the problem is there would be a deadline issue.

 

The City Clerk stated Council would be forced to delegate a subcommittee because the argument would be due prior to another meeting which would be required for the entire Council to vote on the argument.

 

Councilmember Daysog and Mayor Spencer stated they would serve on the subcommittee to draft an argument.

 

Mayor Spencer stated she would like to have the option to be able to take a position.

 

Councilmember Ezzy Ashcraft stated that she would not support Councilmember Daysog writing the argument since he has his own petition; handing the argument to staff would be better.

 

In response to Mayor Spencer’s inquiry, the City Clerk stated Council would either be forced to make a decision at the July 19th meeting and would be locked-in to designating two people, or calling a special meeting in seven days.

 

Councilmember Ezzy Ashcraft stated that she would prefer to delegate to staff.

 

Councilmember Oddie inquired whether Council is deciding to oppose the tenant initiative.

 

The City Clerk responded an argument has to be for or against.

 

Vice Mayor Matarrese moved approval of Council not taking a position, that there be no argument.

 

Councilmember Oddie seconded the motion.

 

Under discussion, the Assistant City Attorney stated Council does not have to decide tonight whether or not to make an argument; staff was just giving Council an opportunity to think about what to do if the initiatives qualify to be prepared with a decision on July 19th.

 

Mayor Spencer stated that she would oppose the Council not taking a position; she does not support the renters initiative and supports the staff ordinance; too much time and work went into the ordinance.

 

Councilmember Ezzy Ashcraft stated that she believes in what Council did, even though both sides were unhappy with the ordinance; there were valuable truths on both sides; she is willing to let the City ordinance stand on its own two feet; she concurs with Vice Mayor Matarrese and does not want to make an argument for or against the renters initiative.

 

Councilmember Daysog stated the City ordinance is a reasonable approach to the excessive rent increases; should any of the initiatives gather enough signatures, Council needs to stand tall and proud and support the City ordinance; if Council needs to stand against an initiative, so be it.

 

On the call for the question, the motion carried by the following voice votes: Ayes: Councilmembers Ezzy Ashcraft, Matarrese and Oddie - 3.  Noes: Councilmember Daysog and Mayor Spencer - 2.

 

Vice Mayor Matarrese moved approval of not putting the city ordinance on the ballot.

 

Councilmember Daysog seconded the motion.

 

Mayor Spencer stated that she supports putting the City ordinance on the ballot with revisions and keeping the sunset date; she is concerned the other initiatives would be on the ballot and the City’s would not; there is confusion; citizens think the Council ordinance just dies if there is a tenant measure and a landlord measure.

 

Councilmember Oddie stated that he is not ready to make a decision; he does not know if either initiative will qualify; one of the strengths of the City ordinance is the opportunity to fix it when it is broken; the two competing initiatives make doing so difficult; he does not think staff time should be spent on something that may be moot in three months.

 

Mayor Spencer inquired whether the matter could come back on July 19th, to which the City Attorney responded in the affirmative.

 

Councilmember Ezzy Ashcraft stated two initiatives may end up on the ballot and adding a third is not necessary.

 

In response to Councilmember Daysog’s inquiry, the City Clerk stated the random sample check of signatures on the landlord initiative will be done by July 27th.

 

Councilmember Daysog inquired whether Council would make a decision on July 19th regarding having a regular meeting in August, to which Mayor Spencer responded in the affirmative.

 

Councilmember Daysog stated no action regarding the landlord initiative is needed at this point.

 

Vice Mayor Matarrese reiterated his motion to not place the City ordinance on the ballot. 

 

Councilmember Daysog withdrew his second.

 

Councilmember Ezzy Ashcraft seconded the motion which failed by the following voice votes: Ayes: Councilmembers Ezzy Ashcraft and Matarrese - 2.  Noes: Councilmember Daysog and Mayor Spencer - 2.  Abstention: Councilmember Oddie - 1.

 

Councilmember Oddie moved approval of discussing the City measure on July 19th.

 

Councilmember Daysog seconded the motion which carried by the following voice votes: Ayes: Councilmembers Daysog, Oddie and Mayor Spencer - 3.  Noes: Councilmembers Ezzy Ashcraft and Matarrese - 2.

 

***

Mayor Spencer called a recess at 11:49 p.m. and reconvened the meeting at 11:51 p.m.

***

 

(16-                     ) Introduction of Ordinance Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a Three-Year Lease with Kai Concepts, LLC, a California limited liability company, for Building 168, Suite 300, located at 1651 Viking Street. [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities.] Introduced.

 

The Assistant Community Development Director gave a brief presentation.

 

Vice Mayor Matarrese moved introduction of the ordinance.

 

Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.

 

(16-                     ) Introduction of Ordinance Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a Ten Year Lease with One Five-Year Extension Option with La Costa Pacifica Inc. dba Urban Legend Cellars (ULC) for Building 25, Unit 300 Located at 1951 Monarch Street at Alameda Point. [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities]. [Requires Four Affirmative Votes].

 

The Assistant Community Development Director gave a brief presentation.

 

Mayor Spencer stated that she would support the lease.

 

Vice Mayor Matarrese stated the proximity of the client would help accelerate recognition that the area will be a future park; the 15-year lease is worth it; he is ready to move forward.

 

Councilmember Ezzy Ashcraft stated ULC is investing a lot of capital to bring the space to the necessary specifications; meeting ULC half way to amortize their investment is a good way to attract businesses; she would be happy to have the business at Alameda Point.

 

Councilmember Oddie moved introduction of the ordinance.

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.

 

(16-                     ) Introduction of Ordinance Approving a First Amendment to a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a First Amendment to the Lease Agreement with Pacific Automated LLC, a California Limited Liability Company, dba Brix Beverage (Pacific Automated, LLC) to Include a Portion of Building 25 (Unit 100), a Small Outbuilding Known as Building 491, and Additional Parking Common Areas as Part of the Original Premises at 1951 Monarch Street at Alameda Point. [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities.] Not heard.

 

(16-                     ) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Facilitate the City's Ability to Disperse Public Art Funds, and Amend the Fiscal Year 2016-17 Public Art Fund Budget by $200,000 and Capital Improvement Projects Fund Budget by $100,000. [The Proposed Amendments are Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.] Not heard.

 

CITY MANAGER COMMUNICATIONS

 

(16-                     ) The City Manager thanked Assemblymember Bonta for sponsoring Assembly Bill AB366 to enable the City to put a potential half-cent sales tax on the ballot.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

None.

 

COUNCIL REFERRALS

 

(16-                     ) Consider Directing the City Manager to Initiate and Begin the Process with the Planning Board to Propose Revisions to the Ordinance and Code Sections Defining Alameda’s Inclusionary Housing for Residential Development. (Vice Mayor Matarrese) Not heard.

 

(16-                     ) Consider Directing the City Manager to Schedule a Priority Setting Work Session. (Mayor Spencer) Not heard.

 

(16-                     ) Consider Directing the City Manager to Immediately Hold a City Council Workshop on the Final Phase of the Bayport-Alameda Landing Disposition and Development Agreement (DDA)\Development Plan. (Councilmember Daysog) Not heard.

 

COUNCIL COMMUNICATIONS

 

(16-                     ) Consideration of Mayor’s Nominations for Appointment to the Civil Service Board and Golf Commission.

 

Mayor Spencer nominated Troy Hosmer to the Civil Service Board and Ron Taylor to the Golf Commission.

 

(16-                     ) Councilmember Ezzy Ashcraft announced that she attended the Board of Supervisors meeting; the Board voted to place affordable housing bond on the November ballot.

 

(16-                     ) Councilmember Oddie requested the Council adjourn the meeting in Robert Follrath’s memory.

 

ADJOURNMENT

 

(16-                     ) There being no further business, Mayor Spencer adjourned the meeting at 12:04 a.m. in memory of Robert Follrath.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

 

****************************************************************************************************

UNAPPROVED

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -JULY 19, 2016- -5:30 P.M.

 

Mayor Spencer convened the meeting at 5:32 p.m.

 

Roll Call -                      Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer - 5.

Absent:                     None.

 

The meeting was adjourned to Closed Session to consider:

 

(16-   ) Conference with Real Property Negotiators (Pursuant to Government Code § 54956.8) PROPERTIES: Northwest Territories at Alameda Point; City Negotiator: Jennifer Ott, Director of Base Reuse. Organizers Represented: East Bay Regional Park District Issue Under Negotiation: Real Property Negotiations Price and Terms of Payment.

 

(16-   ) Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code § 54956.9). Case Name: Skilling V. City of Alameda Court; Superior Court of the State of California, County of Alameda Case No: RG14752466.

 

Following the Closed Session, the meeting was reconvened and Mayor Spencer announced direction given to staff on both items.

 

Adjournment

 

There being no further business, Mayor Spencer adjourned the meeting at 6:22 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

 

****************************************************************************************************

 

UNAPPROVED

MINUTES OF THE REGULAR CITY COUNCIL MEETING

TUESDAY- -JULY 19, 2016- -7:00 P.M.

 

Mayor Spencer convened the meeting at 7:00 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer - 5.

 

Absent:                     None.

 

AGENDA CHANGES

 

None.

 

PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS

 

None.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

(16-                     ) Robb Ratto, Downtown Alameda Business Association, made an announcement and provided glasses for the upcoming Art and Wine Faire on July 30th and 31st.

 

(16-                     ) Bill Rowan, Alameda, expressed concern over Council meetings going late; stated the Council should discuss the matter as an agenda item to solve the problem and have meetings end at a reasonable time for people who take public transportation; the 51A is the only bus which runs after midnight and is replaced by a bus that runs only once per hour.

 

(16-                     ) Sammy Gutierrez, Filipino Advocates for Justice, expressed concern over meetings being fair for everyone, youth, the elderly and people of color; urged Council to make meetings fair to all people in the community.

 

CONSENT CALENDAR

 

Mayor Spencer stated the contract with Simpson, Gumpertz & Heger [paragraph no. 16-   ] was removed from the Consent Calendar for discussion.

 

Councilmember Ezzy Ashcraft moved approval of the remainder of the Consent Calendar.

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.  [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]

 

(*16-                     ) Minutes of the Special and Regular City Council Meetings Held on June 21, 2016.  Approved.

 

(*16-                     ) Ratified bills in the amount of $2,974,775.44.

 

(16-                     ) Recommendation to Award a Contract in the Amount of $456,800, and Authorize the City Manager to Approve Contract Changes, if Necessary, Up to a Ten Percent Contingency in the Amount of $45,680, for a Total Amount of $502,480, to Simpson Gumpertz & Heger, Inc. for the Interim Inspection, Testing, Preliminary Analyses and Reporting Services for Rehabilitation of Piers 1, 2 and 3 at Alameda Point.

 

The Assistant Community Development Director gave a brief presentation and showed a map and pictures of pier conditions.

 

Councilmember Ezzy Ashcraft inquired what is the importance of U.S. Maritime Administration (MARAD).

 

The Assistant Community Development Director responded that the MARAD ships are ready reserve fleets that are deployed in the event of natural disasters.

 

Councilmember Daysog stated the ships represent 6% of all the energy consumed out of Alameda.

 

The Assistant Community Development Director stated when there is a blackout the ships convert to their own power source to not draw power from the City; the ships are a major consumer and have the ability to support themselves, all of which helps the City.

 

Councilmember Daysog stated the MARAD ships supports a lot of the maritime industry in the Bay Area.

 

Councilmember Ezzy Ashcraft inquired if the ships could be used to evacuate a large number of citizens, to which the Assistant Community Development Director responded in the affirmative, continued the presentation.

 

Councilmember Oddie inquired how sewage is processed on Pier 2.

 

The Assistant Community Development Director responded Pier 2 had a major sewer line break; stated the sewage is under the piers; not many contractors want to work under the piers; currently, the sewage is on the ships in tanks; the City is paying to have the tanks pumped out and the waste trucked out; the Council approved a sewer replacement project that will be completed next month.

 

Councilmember Oddie stated the pictures draw attention to how the piers have deteriorated.

 

Mayor Spencer inquired what is the funding source.

 

The Assistant Community Development Director responded the project is being funded out of the Tidelands Trust fund; stated all of the revenue collected from Tidelands property has to be reinvested in Tidelands property.

 

Councilmember Oddie moved approval of the staff recommendation.

 

Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.

 

(*16-                     ) Recommendation to Authorize the City Manager to Amend an Agreement with Carlson Barbee & Gibson to Increase the Original Contract by $169,000 for a Total Contract Amount of $479,500 for Civil Engineering and Surveying Consulting Services for Alameda Point. Accepted.

 

(*16-                     ) Recommendation to Award a Contract in the Amount of $333,069 to Nute Engineering for Engineering Design Services for Cyclic Sewer Rehabilitation Project, Phase 14. Accepted.

 

(*16-                     ) Recommendation to Accept Report on the Appointment of One Member to the Open Government Commission. Accepted.

 

(*16-                     ) Resolution No. 15184, “Calling for a General Municipal Election to be Consolidated with the Statewide General Election to be Held in the City of Alameda on Tuesday, November 8, 2016, and Requesting the Alameda County Board of Supervisors to Permit the Registrar of Voters to Render Specified Services to the City Relating to the Conduct of Said Election Pursuant to Section 10403 of the Elections Code.” Adopted.

 

(*16-                     ) Ordinance No. 3157, “Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a Three-Year Lease with Kai Concepts, LLC, a California limited liability company, for Building 168, Suite 300, located at 1651 Viking Street.” Finally passed.

 

(*16-                     ) Ordinance No. 3158, “Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a Ten Year Lease with One Five-Year Extension Option with La Costa Pacifica Inc. dba Urban Legend Cellars for Building 25, Unit 300 Located at 1951 Monarch Street at Alameda Point.” Finally passed.

 

REGULAR AGENDA ITEMS

 

(16-                     ) Resolution No. 15185, “Appointing Troy Hosmer as a Member of the Civil Service Board.” Adopted; and

 

(16-                     A) Resolution No. 15186, “Appointing Ron Taylor as a Member of the Golf Commission.” Adopted.

 

Vice Mayor Matarrese moved approval of the appointments [adoption of the resolutions].

 

Councilmember Oddie seconded the motion, which carried by unanimous voice vote - 5.

 

The City Clerk administered the Oath of Office and presented certificates of appointment to Mr. Hosmer and Mr. Taylor.

 

(16-                     ) Ordinance No. 3159, “Authorizing an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System (PERS) and the City Council of the City of Alameda to Include Provisions Pursuant to Government Code 20516 for "Cost Sharing" for Local Police Members and for Local Fire Members.” Adopted.

 

The Human Resources Director gave a brief presentation.

 

Vice Mayor Matarrese moved adoption of the urgency ordinance.

 

Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.

 

(16-                     ) Resolution No. 15187, “Approving the Site A Phase 1 Subdivision Tentative Map Tract 8334 for 12 Parcels, including for Condominium Purposes on Lots 2 and 3, on 21.35 Acres of Land at Alameda Point.” Adopted. [PLN15-0570; Applicant: Alameda Point Partners. A Proposed Tentative Map Application to Implement the Alameda Point Master Infrastructure Plan and Site A Development Plan].

 

The Base Reuse Director gave a brief presentation.

 

Expressed support for the project; urged Council to continue the momentum by approving the Tentative Map as presented: Mike McDonough, Chamber of Commerce.

 

Stated that he is not opposed to the matter, but wants to raise an issue regarding Site A; expressed concern that the City of Alameda does not have the revenue to support additional housing; stated staff assured him a Community Facility Districts (CFD) would be put in place; requested staff to provide assurance that agreements include requirements for CFDs: Paul Foreman, Alameda.

 

The Base Reuse Director stated Section 3.1(c) of the Disposition and Development Agreement (DDA) addresses a number of special taxes and public agency contributions required by the developer; stated the section complies with the fiscal neutrality policy.  

 

Councilmember Ezzy Ashcraft expressed her excitement about the project moving forward.

 

Councilmember Daysog stated the Site A project will help contribute to the transit system and encourage people to get out of their cars; the project will be transit oriented development; the City will also receive a large share of the property taxes out of Alameda Point.

 

Councilmember Oddie addressed the importance of keeping the momentum moving forward for the Site A project; stated that he hopes the City prioritizes the development of commercial space for innovators to grow their business.

 

Mayor Spencer thanked staff, the Planning Board and the applicant for their work on the project.

 

Vice Mayor Matarrese moved adoption of the resolution.

 

Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.

 

The Base Reuse Director stated the Site A affordable housing project recommended by the Metropolitan Transportation Commission looks promising to receive cap and trade funding.

 

Councilmember Ezzy Ashcraft inquired when the City would hear about the cap and trade funding, to which the Base Reuse Director responded in September.

 

(16-                     ) Recommendation to Accept Certificate of Sufficiency for an Initiative Entitled: A Proposed Charter Amendment to Establish Rent Control, a Rent Control Board, and Regulate Termination of Tenancies;

 

(16-                     A) Resolution No. 15188, “Calling an Election in the City of Alameda on November 8, 2016, for the Purpose of Submitting to the Electors an Initiative Entitled A Proposed Charter Amendment to Establish Rent Control, a Rent Control Board, and Regulate Termination of Tenancies.” Adopted;

 

(16-                     B) Provide Direction to Staff on Whether the City Council Wants to Place a City Sponsored Charter Amendment on the Ballot; and

 

(16-                     C) Resolution No. 15189, “Revising the 2016 Regular City Council Meeting Dates to Add August 8, 2016.” Adopted.

 

The City Clerk and City Manager gave a brief presentation.

 

Mayor Spencer stated that she would prefer to have had a presentation of the proposed language for Council and the public to review.  

 

The City Manager stated if the Council agrees to proceed, the presentation would be drafted and posted to the website on July 27th, which would allow two weeks for public review and comment; the Council would consider the initiative on August 8th.

 

Mayor Spencer requested the City Manager repeat staff’s proposal.

 

The City Manager stated the proposal is the City’s Rent Review Stabilization and Limitations on Evictions Ordinance would be placed on the November, 2016 ballot with the following stipulations, in addition to what the Council adopted in March 2016: 1) the measure would provide that the City Council has the discretion to amend or repeal the ordinance in the future.

 

Mayor Spencer inquired whether people could vote on the measure, then Council could repeal the ordinance that is approved by the people.

 

The City Manager responded in the affirmative. 

 

Mayor Spencer stated the Council cannot currently repeal something that is voted on by the people.

 

The City Manager stated the second point is: 2) if there is another measure on the ballot that deals with the same subject matter, such as the rent control or landlord’s initiative, and all measures pass, if the City sponsored measure receives more votes, the other measure would be of no legal force and effect.

 

The Assistant City Attorney stated if the two measures pass and the City sponsored measure receives more votes than the renter’s initiative, the result would be as if the renter’s initiative had not passed at all.

 

Mayor Spencer inquired why the measure needs to have the additional language.

 

The Assistant City Attorney responded putting the language in makes it clear that the intent of the voters is to give no force and effect to the measure that receives less votes; the landlord’s initiative has the same language, if the measure is on the same ballot with another measure on the same issue, that landlord measure would prevail over the competing measure.

 

Mayor Spencer inquired if the Alameda Renter’s Coalition (ARC) measure has the same language.

 

The Assistant City Attorney responded in the negative; stated there is language in the renter’s initiative dealing with a Council adopted ordinance, but not an ordinance adopted by the voters.

 

Mayor Spencer inquired if Council’s measure does not have the language and both measures receive at least 50% plus 1, would attorneys from both sides try to reconcile the two measures.

 

The Assistant City Attorney responded in the affirmative; stated most of the renter’s initiative is substantively different than the City ordinance.

 

Mayor Spencer inquired what would happen if Council does not include the new language.

 

The Assistant City Attorney responded items that could be reconciled would be; with items that cannot be reconciled, the measure that receives the higher number of votes would prevail.

 

Mayor Spencer inquired whether whichever one has the higher number of votes would prevail.

 

The Assistant City Attorney responded that if the City sponsored measure does not have the provision and it receives more votes than the renter’s initiative, there would be the conflict described earlier.

 

Mayor Spencer inquired whether the language added to the City ordinance would state the City Council has discretion to amend or repeal what the people vote for at any time; inquired if the City ordinance passes, could the Council repeal the ordinance entirely at the next Council Meeting.

 

The Assistant City Attorney responded in the affirmative; stated the distinction is the measure that the City Manager is referring to is an ordinance, not a Charter amendment; an ordinance can be amended.

 

Mayor Spencer inquired whether the City is asking voters to approve the ordinance and also asking to give Council the power to repeal the ordinance entirely, to which the Assistant City Attorney responded in the affirmative.

 

The City Attorney stated the Council currently has the ability to repeal or amend the ordinance; the process takes two readings of the ordinance and has to be noticed; the advantage is an ordinance allows flexibility to make modifications.

 

Mayor Spencer stated her objection is that if the ordinance passes with the highest votes, the Council could change the outcome the following week; she feels there is a significant difference.

 

Vice Mayor Matarrese inquired whether the signatures submitted by the landlords failing the random sample check would require a higher threshold of examination.

 

The City Clerk responded in the affirmative; stated if the check of signatures falls into the 95 to 110% range, the signatures go to a complete check and every signature will be checked.

 

Vice Mayor Matarrese stated if the check is finished by the 27th, the measure would be put on the agenda for August 8th, inquired if the signature check is later, would the measure show up on a future election.

 

The City Clerk responded in the affirmative; stated if the August 12th deadline is not met, the measure would go on a future ballot.

 

Councilmember Oddie inquired which election the measure would go on.

 

The City Clerk responded the election would need to be consolidated with a Statewide election in an even number year, that would be June 2018 or the next general municipal election, unless the City establishes a different election date.

 

Councilmember Oddie inquired if the renter’s initiative passes and in three months there is a rent board election and the landlord ordinance qualifies, will the landlord and board election ordinance be on the same ballot, to which the City Clerk responded it is a possibility.

 

Councilmember Oddie inquired what is the requirement.

 

The City Clerk responded the date is not an established municipal election, but the City Charter gives the Council the flexibility to establish election dates.

 

Councilmember Oddie inquired whether the Council would have no choice but to have the rent board election, to which the City Clerk responded in the affirmative.

 

Councilmember Oddie inquired if an entity wanted to have a parcel tax election in September, would the City have to hold the election with another Citywide election.

 

The City Clerk responded that the Election Code specifies that initiatives be consolidated specifically with a Statewide or the next General municipal election; there is nothing forcing the Council to put the measure on a special election.

 

Vice Mayor Matarrese stated the City will not know about the landlord initiative until the Registrar of Voters finishes counting the signatures; stated that factor should be considered. 

 

Councilmember Daysog inquired whether language could be added stating for a period of time the ordinance cannot be amended; after that time the Council could use their amendment powers.

 

Councilmember Ezzy Ashcraft inquired if Councilmember Daysog is more concerned with the repeal process as opposed to the amendment process.

 

In response to Councilmember Daysog’s inquiry, the City Attorney responded in the affirmative, stated the City will draft the measure to fit what the Council requests. 

 

Councilmember Oddie inquired what the consequences would be if the landlord measure qualifies if the Council placed the landlord measure on the November ballot.

 

The City Clerk responded once she receives a certificate of sufficiency, she would bring the matter to Council to have the initiative measure placed on the ballot. 

 

Councilmember Oddie inquired if the Council places the landlord measure on the ballot as a Council measure and it is defeated, then if the initiative qualifies, could it be voted on again.

 

The City Clerk responded if the Council used the language and made it a Council measure; the initiative would still go through the process and could be on the ballot.

 

Councilmember Oddie inquired whether there are two chances for the measure.

 

The Assistant City Attorney responded in the affirmative; stated if the measure did not pass in the November election, there could be another opportunity for the measure to be voted on.

 

Stated that he is opposed to the City measure because the amendment is confusing and would be too legally complex for the average voter; urged staff to work on implementing the renter’s initiative: Bill Rowan, Alameda.

 

Stated his family is moving due to the building being sold; urged Council to do work on the rent ordinance to protect the people of Alameda: An Nguyen, Filipino Advocates for Justice.

 

Stated the rent ordinance does not provide protection to renters; she collected signatures for the ARC initiative and heard from other renters who are experiencing the same harassment from their landlords: Krystal Osorio, Filipino Advocates for Justice.

 

Urged Council to vote no on the City ordinance: Erin Subido, Filipino Advocates for Justice.

 

Stated ARC stands for keeping Alamedan’s in their homes; there is an imbalance of power between landlords and tenants; urged Council to not put the landlord’s initiative or the City ordinance on the ballot; stated the ordinance will confuse people: Brad Hirn, Alameda.

 

Stated other initiatives should need to pass the same stringent process that the ARC initiative had to pass; rent control is a necessary balance: Evan Angus, Alameda.

 

Urged Council not to vote against the ARC initiative; stated putting both measures on the ballot will confuse voters: Eric Stimmling, Alameda.

 

Stated the rent ordinance is deeply flawed; there is a loophole in favor of the landlords; tenants are afraid to go to the Rent Review Advisory Committee (RRAC) for fear of retaliation; throwing families on the streets to make more money is immoral; urged Council to not amend the City Charter with such a flawed ordinance: Monty Heying, Alameda.

 

Stated that he strongly supports the ARC initiative; there are a diverse group of people in ARC, all in the same situation of not being able to afford to live in Alameda; urged Council to not put the City Council ordinance on the ballot: Carlos Serrano Pareja, Alameda.

 

Stated the fact that there are three initiatives is evidence that the City ordinance contains significant gaps; there are loopholes in the City’s ordinance; the City Council voting to extend the ordinance to a Charter amendment by way of three votes is a misuse of power; urged the City Council to pause and find creative solutions to community development: Katrina Walker, Alameda.

 

Stated that she would like to know why Council wants to change the ordinance to a Charter amendment; urged Council to keep the ordinance flexible to allow Council to amend the ordinance: Toni Grim, Alameda.

 

Stated the ARC initiative is draconian; the initiative will cause increased rents, a reduction in the housing inventory and property maintenance will deteriorate; he does not believe there will be confusion if more than one initiative on the ballot; urged Council to put the ordinance on the ballot to allow voters to have a fair choice between the two: Paul Foreman, Alameda.

 

Stated teachers, social workers and minimum wage workers cannot afford to live in Alameda; urged Council to not vote to put the ordinance on the ballot: Matt Langwerowski, Alameda.

 

Stated that he does not support the ARC initiative, which is extreme and will prevent mom and pop landlords from making improvements and repairs; he would like to see an alternative to the landlord and ARC initiative put on the ballot; supports putting the rent ordinance on the ballot to let the voters decide: Todd Wayman, Alameda.

 

Stated if both measures are on the ballot, the one with less votes will fight to have their purpose incorporated into the winning initiative: Elizabeth Tuckwell, Alameda.

 

Stated the City ordinance is not effective; the Council needs more data to make changes; she is appalled that the City would come up with a recommendation that would completely void a vote of more than 50% of the people; people want an elected rent board: Catherine Pauling, ARC.

 

Urged Council to consider the ARC initiative; she is a senior citizen on a fixed income and her rent has increased every year: Eutine Thompson, Alameda.

 

***

Mayor Spencer called a recess at 9:12 p.m. and reconvened the meeting at 9:22 p.m.

***

 

Vice Mayor Matarrese moved approval of accepting the certificate of sufficiency and adoption of resolution placing the measure on the ballot.

 

Councilmember Daysog seconded the motion, which carried by unanimous voice vote - 5.

 

Mayor Spencer outlined the next direction needed from Council is regarding placing a City measure on the ballot and establishing a meeting date.

 

Councilmember Ezzy Ashcraft inquired whether there will be a placeholder for the landlord measure in case the signature count is done in time.

 

Vice Mayor Matarrese suggested the August 8th meeting needs to occur in order to address a number of items.

 

Councilmember Oddie stated he does not agree with scheduling the additional meeting; inquired if Mayor Spencer would not be available in August.

 

Mayor Spencer stated that she will be on vacation the first two weeks of August.

 

Councilmember Oddie suggested a meeting be scheduled to just talk about referrals.

 

Vice Mayor Matarrese withdrew his suggestion.

 

Councilmember Ezzy Ashcraft stated she believes there needs to be a meeting to address the landlord initiative only, not the referrals and other items that the Council needs to address.

 

Councilmember Ezzy Ashcraft moved adoption of a resolution revising the regular 2016 City Council meeting dates to add a meeting on August 8, 2016.

 

Vice Mayor Matarrese seconded the motion with the understanding that the meeting on August 8th is only to discuss rent issues. 

 

Under discussion, Councilmember Oddie inquired what is the procedure if the landlord initiative qualifies after the agenda goes out.

 

The City Clerk responded the agenda for the August 8th meeting would go out on July 27th; stated if the results are received by then, the item could be added; there is an exception under the Sunshine Ordinance that allows items to be added past the 12 day deadline; the Sunshine Ordinance does not provide a timeline of when the items have to be added.

 

Councilmember Oddie stated it is important that the public know that the landlord initiative could be added. 

 

The City Clerk stated that a notice could be placed on the agenda that part of the reason the meeting is being held is in case the landlord initiative complete signature check is received.

 

On the call for question, the motion carried by unanimous vote - 5.

 

Councilmember Daysog outlined the effectiveness of the City ordinance on rent stabilization; stated the City’s ordinance is not as strict as ARC’s Berkeley style rent control initiative; that he supports moving forward with staff’s recommendation to place the City’s ordinance on the ballot.

 

Mayor Spencer inquired if Councilmember Daysog would include the two proposals, to which Councilmember Daysog responded in the affirmative.

 

The City Manager noted there are currently 70 Housing Authority cases to be reviewed.

 

Vice Mayor Matarrese stated 70 is a large number of cases; he would object to placing the City ordinance on the ballot as a Charter amendment because there are flaws; he would like to keep the ordinance and allow amendments; rent control, as a Charter amendment, does not allow for adjustments as needed; the key is to have voters look at what is available now, the progresses made and participate in changes that need to be made.

 

Mayor Spencer inquired if Vice Mayor Matarrese is okay with the two proposals from staff, to which Vice Mayor Matarrese responded in the affirmative.

 

Councilmember Ezzy Ashcraft stated the City ordinance is a work in progress which has been a very long process; she is not in support of having the ordinance as a Charter amendment so that the ordinance can still be amended; inquired what the significance is to the City’s ordinance if both measures receive more than 50% plus 1 votes.

 

The Assistant City Attorney responded language would have to be included that if the City sponsored measure does not receive more votes than the renter’s Charter amendment, it would trump the City’s ordinance.

 

Councilmember Oddie stated that he is very proud of the City’s ordinance; reviewed positive points of the ordinance; stated the data from the RRAC shows the City’s ordinance is working; all Councilmembers and staff worked together to develop the City’s ordinance; people have a right to vote on optional measures; people should be aware of the cost of the ARC initiative that will come out of the City’s budget; fixing the housing crisis is the long-term solution, not Charter amendments.

 

Mayor Spencer inquired whether Councilmember Oddie supports the two suggestions by staff, to which Councilmember Oddie responded in the affirmative.

 

Mayor Spencer stated that she supports the City’s ordinance and placing the ordinance on the ballot; the data is there to support the fact that the City’s ordinance has allowed for meaningful conversation; more cases are settling; she has a concerns about the ability to repeal or amend the vote, but she will support staff’s two recommendations.

 

Councilmember Ezzy Ashcraft stated binding mediation is not applicable for units under Costa Hawkins; there needs to be a way to address the most vulnerable renters, such as seniors and the disabled; the RRAC will not be helpful to protect people who are afraid to come forward; she would like staff to come up with solutions after November.

 

The City Manager inquired whether Council direction is to give the ability to amend, but within the first year, Council cannot repeal or amend the ordinance.

 

Mayor Spencer responded that she would like to keep the initial proposal as presented; the original ordinance does allow for revisions.

 

Councilmember Ezzy Ashcraft stated she agrees with Mayor Spencer; the ordinance, as currently written, allows for yearly review and Council can call the ordinance for review at any time.

 

Mayor Spencer moved approval of [directing staff to return with a measure] placing Council’s ordinance on the ballot for November 8th, including giving Council the discretion to amend or repeal, as well as, if there is another initiative, that if the highest votes are received by the City’s measure, the measure would supersede and there would be no reconciliation between the two ballot measures.

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.

 

***

Mayor Spencer called a recess at 10:10 p.m. and reconvened the meeting at 10:17 p.m.

***

 

(16-                     ) Introduction of Ordinance Approving Two Leases and Authorizing the City Manager to Execute the Terms of Lease with National Response Corporation, Environmental  Services (NRC) for Building 15 Located at 1605 Ferry Point and Building 616 Located at 1750 Orion Street at Alameda Point for Five and Two Years, Respectively. Introduced.

 

The Assistant Community Development Director gave a brief presentation.

 

Councilmember Ezzy Ashcraft inquired why the lease term is not more than 5 years.

 

The Assistant Community Development Director responded the tenant negotiated the lease terms; stated the company does not know what their future holds, they are under new ownership.

 

Councilmember Ezzy Ashcraft inquired if the tenant wants an extension option.

 

The Assistant Community Development Director responded the City currently wants the flexibility.

 

Councilmember Ezzy Ashcraft inquired whether there are sales tax revenue numbers from the sales in the area.

 

The Assistant Community Development Director responded there is a current lag in the reporting of the sales tax revenue; stated the businesses are doing very well and are contemplating doing a two year agreement with the City because of the success of the location.

 

Vice Mayor Matarrese moved introduction of the ordinance.

 

Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5.

 

(16-                     ) Introduction of Ordinance Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of Lease with Wonky Kitchen LLC for Ten Years in Building 44 Located at 2400 Monarch Street at Alameda Point. Introduced.

 

The Assistant Community Development Director gave a brief presentation.

 

Councilmember Ezzy Ashcraft inquired if Wonky Kitchen originated in Berkeley.

 

The Assistant Community Development Director responded that she believes Wonky Kitchen originated in Oakland.

 

Councilmember Ezzy Ashcraft inquired whether the packaging for Wonky Kitchen does not say Alameda; stated the packaging currently says Oakland or Berkeley; she would like the packaging to reflect the product is being made in Alameda. 

 

The Assistant Community Development Director responded that she can speak with the company.

 

Mayor Spencer stated she agrees with Councilmember Ezzy Ashcraft.

 

Councilmember Daysog suggested the City discuss a branding strategy as part of the economic development strategy, to which the Assistant Community Development Director responded a branding strategy is a part of the economic development strategy.

 

Vice Mayor Matarrese moved introduction of the ordinance.

 

Councilmember Oddie seconded the motion, which carried by unanimous voice vote - 5.

 

In response to Mayor Spencer’s inquiry regarding Oaktown Jerk, Councilmember Ezzy Ashcraft stated the City of Alameda should appear on the packaging.

 

***

(16-                     ) Mayor Spencer stated a motion is needed to consider the remaining items.

 

Councilmember Ezzy Ashcraft moved approval of hearing only the League of California Cities delegate [paragraph no. 16-                     ].

 

Mayor Spencer inquired whether the motion could be amended to include the State Budget Trailer Bill [paragraph no. 16-                     ], to which Councilmember Ezzy Ashcraft responded that more input from the public is needed on said item.

 

Councilmember Oddie inquired if the League of California Cities item is a time sensitive matter, to which Mayor Spencer responded in the affirmative.

 

Councilmember Oddie seconded the motion.

 

Under discussion, Mayor Spencer clarified the motion is to go past 10:30 p.m. and hear only the League of California Cities item.

 

On the call for the question, the motion, which required four affirmative votes, failed by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Daysog and Oddie - 3. Noes: Vice Mayor Matarrese and Mayor Spencer - 2.

 

Vice Mayor Matarrese moved approval of hearing the State Budget Trailer Bill and the League of California Cities items.

 

By consensus, the motion, which required four affirmative votes, failed by the following voice vote: Ayes: Vice Mayor Matarrese, Mayor Spencer and Councilmember Daysog - 3. Noes: Councilmembers Ezzy Ashcraft and Oddie - 2.

 

Mayor Spencer moved approval of reconsidering the first motion to hear only the League of California Cities item.

 

Vice Mayor Matarrese seconded the motion, which carried by unanimous voice vote - 5.

 

(16-                     ) Recommendation to Discuss State Budget Trailer Bill, Concerning Streamlining Affordable Housing Approvals, and Consider Directing the Mayor to Send a Letter Opposing the Proposal in its Current Form. Not heard

 

(16-                     ) Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter (Zoning Ordinance) to Streamline Improvements to Existing Residential Properties and Minor Administrative, Technical, and Clarifying Revisions to the Zoning Ordinance Regarding Chimneys, Accessory Buildings, Windows, Existing Driveways and Parking, Non-Conforming Setbacks, Home Occupation Signage, and Other Miscellaneous Amendments. The proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations. Not Heard.  [Continued to September 20, 2016]

 

ORAL COMMUNICATIONS, NON-AGENDA

 

None.

 

COUNCIL REFERRALS

 

(16-                     ) Consider Directing the City Manager to Initiate and Begin the Process with the Planning Board to Propose Revisions to the Ordinance and Code Sections Defining Alameda’s Inclusionary Housing for Residential Development. (Vice Mayor Matarrese) Not heard.

 

(16-                     ) Consider Directing the City Manager to Schedule a Priority Setting Work Session. (Mayor Spencer) Not heard.

 

(16-                     ) Consider Directing the City Manager to Immediately Hold a City Council Workshop on the Final Phase of the Bayport-Alameda Landing Disposition and Development Agreement (DDA)\Development Plan. (Councilmember Daysog) Not heard.

 

(16-                     ) Consider Directing the City Manager to Have the Social Service Human Relations Board (SSHRB) Review City Policies and Procedures for Aiding Alameda’s Homeless in Order to Make Recommendations to the City Council for Policy Revisions and Additions. (Vice Mayor Matarrese). Not heard. 

 

(16-                     ) Consider Directing the City Manager to Initiate Revisions to the Ordinances and Code Sections for Mixed-Use Zoning in the City of Alameda to Aid Retention of Beneficial Commercial Uses within Areas Zoned for Mixed Use. (Vice Mayor Matarrese)  Not heard.

 

(16-                     ) Consider Directing Staff to Review Enacting a Minimum Wage Increase in Alameda. (Mayor Spencer). Not heard. 

 

(16-                     ) Consider Directing Staff to Renegotiate the Terms of the Friends of the Alameda Animal Shelter (FAAS) Lease and Relocate/Modernize the Shelter Facility, including Addressing Funding. (Mayor Spencer). Not heard.

                     

COUNCIL COMMUNICATIONS

 

(16-                     ) Written Communication from the League of California Cities Requesting Designation of a Voting Delegate and Alternates for the Annual Conference.

 

Mayor Spencer inquired which Councilmembers will be attending the Annual Conference in Long Beach from October 5th through 7th.

 

Councilmember Oddie moved approval of nominating Councilmember Daysog as the delegate and Mayor Spencer as the alternate.

 

Councilmember Ezzy Ashcraft seconded the motion.

 

Vice Mayor Matarrese inquired whether direction can be given to the delegates; stated that he would like the item of the housing crisis and homelessness raised; the topic does not show up in any of the League of California Cities emails, notifications or letters; one city is looking to ask the Governor to declare a state of emergency to allow for funding; he would like the message carried by the delegates to the League to get some help for the City of Alameda.  

 

Councilmember Ezzy Ashcraft stated that she would like to see the agenda and the items to be voted on before the Annual Conference.

 

Vice Mayor Matarrese stated the issues of homelessness and rent escalation are crises that are not being mentioned.

 

Councilmember Daysog stated that he can get in touch with the East Bay League of Cities staff person to find out if there is a range of issues regarding the rent crisis and homelessness that will be a part of the agenda for the October Annual Conference.

 

Councilmember Ezzy Ashcraft stated the message should be that these topics should be a part of the Conference in October. 

 

The City Manager stated the City could put the request on the agenda; 3 to 4 weeks before the conference is when city submittals are due and Council could vote on the items.

 

Councilmember Ezzy Ashcraft inquired if staff needs to be given direction now to prepare a request to the League.

 

Vice Mayor Matarrese offered a friendly amendment to the motion to provide the delegates with direction to raise the issue of homelessness and rent crisis.

 

Mayor Spencer inquired if Vice Mayor Matarrese wants the League of California Cities to come up with a solution and undo what Council just did earlier in the meeting.

 

Vice Mayor Matarrese responded in the negative; stated he is looking for things the State can do to help the City of Alameda and funding for affordable housing or tax credits to help; stated he wants to address housing crisis assistance.

 

Councilmember Oddie accepted the friendly amendment to the motion.

 

Councilmember Daysog inquired whether the amendment is that the delegates and the alternate, pursue, in conjunction with the League of California Cities, issues regarding housing, the rent crisis and homelessness.

 

Vice Mayor Matarrese responded in the affirmative.

 

Mayor Spencer inquired if those are the only issues to add to the Annual Conference.

 

Vice Mayor Matarrese responded that those two issues are the only ones he wanted added.

 

Councilmember Ezzy Ashcraft stated she would like to see the agenda in September.

 

On the call for question, the motion carried by unanimous vote - 5.

 

Vice Mayor Matarrese stated giving direction to the delegates is important.

 

CITY MANAGER COMMUNICATIONS

 

(16-                     ) The City Manager inquired whether Council would allow final passage of the leased on the August 8th Council meeting.

 

The Council expressed support.

 

The City Manager stated there would be a Seaplane Lagoon celebration on Saturday, July 23rd; there will be walking tours and kayak tours starting at 9:00 a.m.

 

Mayor Spencer inquired if the walking tours are still open.

 

The Base Reuse Director responded the walking tours are still open; stated there has been a good response and lunch will be served; people should R.S.V.P.

 

Mayor Spencer inquired if people would meet at the Seaplane Lagoon.

 

The Base Reuse Director responded the walking tour will start on the east end of the lagoon.

 

COUNCIL COMMUNICATIONS

 

(16-                     ) Councilmember Daysog stated that he and Vice Mayor Matarrese attended the City of Alameda/AC Transit liaison meeting on July 13th; the bus rapid transit and planning with AC Transit were discussed.

 

Vice Mayor Matarrese stated Line 19 is due to start in December; the line will run along the northern waterfront with 20 minute headways; the change will be a big improvement; a major corridor study that AC Transit is conducting districtwide, includes the Line 51, which is the top traffic line in the system; the study will go to their board in August.

 

(16-                     ) Councilmember Oddie stated the stopwaste.org Board gave the Casitas Homeowners Association a $5,000 grant to replace lawns for 400 homes with drought resistant landscaping.

 

(16-                     ) Councilmember Ezzy Ashcraft stated on July 9th, she and Mayor Spencer attended the Restoration Advisory Board (RAB) tour; encouraged the public to take the bus tour.

 

Mayor Spencer noted the RAB tour is free.

 

(16-                     ) Councilmember Ezzy Ashcraft stated there will be a BART bond on the November ballot; she would like the BART representative come to a Council meeting to discuss the measure.

 

ADJOURNMENT

 

There being no further business, Mayor Spencer adjourned the meeting at 10:51 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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