File #: 2020-7990   
Type: Consent Calendar Item
Body: City Council
On agenda: 6/16/2020
Title: Minutes of the Special Meetings Held on May 6, 2020 and May 7, 2020; and the Special and Regular Meetings Held on May 19, 2020; the Special Meeting Held on May 20, 2020 and the May 19, 2020 Continued Regular Meeting Held on May 20, 2020. (City Clerk)

Title

 

Minutes of the Special Meetings Held on May 6, 2020 and May 7, 2020; and the Special and Regular Meetings Held on May 19, 2020; the Special Meeting Held on May 20, 2020 and the May 19, 2020 Continued Regular Meeting Held on May 20, 2020.  (City Clerk)

 

Body

 

UNAPPROVED

MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL

WEDNESDAY- -MAY 6, 2020- -5:30 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:33 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmember Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom.]

 

Absent: None.

 

AGENDA ITEM

 

(20-    ) Recommendation to Provide Direction on Potential Measures Amending the City Charter Relating to Charter Section 7-3 - Counter Interference.

 

Mayor Ezzy Ashcraft stated the subcommittee was appointed on December 18, 2018 to address Alameda’s serious issues, including housing and transportation; one way to restore public trust and make City government more effective is to bring the Charter in line to current needs and realities; the challenge will be to focus talents, strengths, and energies toward working on the City’s best interests; Council made a commitment to the Grand Jury to move forward with reform recommendations; tonight’s meeting is about looking forward and good governance moving forward.

 

Vice Mayor Knox White stated that he would like to suggest one minor change; the current language is so broad; the cities of Oakland and Santa Monica have revised their Charters in recent years to be much more instructive, clear and understandable; the State already provides a remedy for removing a Councilmember; clarifying would be good since the Alameda City Charter is not clear about the remedy; suggested a change in the final sentence of the proposed language: “a violation of any provision in this section shall be prosecuted as identified by State law…,” which would allow flexibility; the Charter would not have to be amended as State law changes.

 

In response to Mayor Ezzy Ashcraft’s inquiry, Vice Mayor Knox White stated he would not cite a specific Code section of State law because it could change and any amendment would have to be taken to the voters.

 

Councilmember Daysog stated his approach is focused on enforcing a City-managed procedure for removing a Councilmember in violation of Charter Section 7-3; presented slides outlining a six-step procedure; stated the process would be open to the public; the accused can defend themselves; addresses issues raised in the Grand Jury report; stated tonight is about looking forward; the recommendation from the Grand Jury was that the Alameda City Charter should outline an enforcement process; highlighted Step 5 of his outline which states the City Council should hold a public meeting to decide if a Special Election should be held to remove a Councilmember; Step 6 allows the people to decide; his additional language in 7-3a is about the procedures for fact finding; 7-3b is the procedures for enforcement; Council is here tonight to bring forth ideas to improve and strengthen Section 7-3; whatever the decision, the City will come out better; he hopes to his six-step procedure is used.

 

In response to Councilmember Oddie’s inquiry regarding language clarification, Vice Mayor Knox White restated his proposed language changes: “Violation of any provision of this section by a member of the City Council shall be prosecuted as prescribed by State law, conviction of which shall immediately forfeit…”

 

Public Comment Read Into Record:

 

Stated her group is troubled by the last-minute decision to schedule two special Council meetings regarding Charter amendments; the issue has nothing to do with the immediate welfare of Alamedans and is an unnecessary burden on City staff; her network is ready to support Alameda citizens: Catherine Pauling, Alameda Justice Alliance.

 

Stated making changes to the City Charter during a national emergency is not good governance; urged delaying any Charter changes until the 2022 election for full participation of Alameda citizens: Dorothy Freeman, Alameda.

 

Stated that she strongly objects to the Charter amendments during the County shelter-in-place orders; the changes need to be discussed in open session allowing the public to weigh in; urged an outside independent prosecutor to address Councilmember interference issues: Karen Miller, Alameda.

 

Stated she strongly objects to Council considering significant Charter Amendments during shelter-in-place orders; urged Council to wait until the public can weigh in: Katherine Bearwith, Alameda.

 

Stated the taskforce strongly objects to the Charter amendments during the shelter-in-place orders and is dismayed by the seven-day notice; suggests including a provision that the City prosecutor investigate allegations independent of the Council, City Manager, and City Attorney: Paul Foreman, Alameda Citizens Taskforce.

 

Stated proposals are incomplete and leave too many details unaddressed; presented a list of eight suggestions for Council consideration: Jay Garfinkle, Alameda.

 

Stated there have been audio issues with meetings; she is frustrated two special meetings have been called with short notice; public participation is important; Council is sacrificing transparency: Toni Grimm, Alameda.

 

Vice Mayor Knox White thanked Councilmember Daysog for his comments and approach; stated no cities have placed Council removal on a ballot; one cannot say whether something will be held up in the law; he is afraid to add something which circumvents the District Attorney and Grand Jury process; he believes outlining the removal process is also covered by being very clear and there is already a process for removal; the proper protections and processes are in place.

 

In response to Mayor Ezzy Ashcraft’s inquiry regarding a mechanism for replacing a removed Councilmember, Vice Mayor Knox White stated the Charter already prescribes how to replace a removed Councilmember; if within 180 days of an election, the replacement is the next highest vote-getter; outside of that, the Council appoints the replacement; a special process is not needed.

 

Councilmember Daysog stated he likes the language of Article 7-3 as is.

 

***

(20-   ) Mayor Ezzy Ashcraft proposed allowing five extra minutes.

 

Councilmember Oddie stated he would like to vote to allow the presenters to have more time.

 

Councilmember Vella moved approval of adding three minutes to each presenter’s time.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

***

 

Councilmember Daysog stated that he is comfortable with language that Councilmembers cannot talk to the City Manager about hiring; the issue is historic in nature; he wants to move away from potential influence; the overly broad language was meant to be a catch-all; he does not think it is an issue to define away the term “influence;” by virtue of being a Charter City, Council can create its own rules; the grand jury had the power to remove Councilmembers, but did not do so to respect the will of the voters; a special election would be a decision made by the voters.

 

Councilmember Vella acknowledged constituents who have raised issues about having the two special meetings; stated if Council is trying to build trust, regardless of how Council may feel, the constituents feel this is happening without having enough time to weigh in; acknowledged the digital divide; stated some people may not have internet access or the technology to follow meetings; people are not getting the word-of-mouth as before the quarantine; whatever Council does, she wants to make sure people are given the time and ability to weigh in; the meetings in June are particularly important and the message needs to be shared with constituents that a decision is not going to be made tonight; the measure is very different from the other Charter provisions because outside parties have acknowledged it needs to change; she is comfortable starting the conversation tonight and having more conversation in June regarding the timing; not all people indicted by a Grand Jury are found guilty at trial; not all people charged by a District Attorney are found guilty; opportunities of due process are very important, especially in politically-heated environments; one’s right to vote is a manifestation of free speech;  she would not be comfortable trying to overturn the will of the voters with a democratic process by writing into the Charter something that would usurp the political voice of the constituents; the right to vote is very sacred and should be upheld to the highest extent possible; there have been a number of cases of political intrigue that have happened over the years; Alameda’s Charter needs to stand up to Constitutional muster and Council needs to be thoughtful about what goes into it; being a Charter City there are a number of areas where Council can legislate, but there are also areas that are precisely and explicitly carved out under the Constitutions of the United States and State of California; suggested removing gender terms; stated language should be changed throughout; she is willing to support Vice Mayor Knox White’s proposal; the term “influencing” is overbroad and important to deal with as there are a lot of things that are not ill-intended that could fall under influencing.

 

Councilmember Oddie stated that he concurs with Councilmember Vella’s comments; the issue is two and a half years old; he wants to frame his remarks about moving forward; he appreciates the language proposed by Vice Mayor Knox White, but wants to focus on what he thinks is the most important sentence in that the City Council may further implement the section by ordinance, resolution or its Rules of Conduct; the Code of Conduct needs to be brought back in order for the public to see the big picture; it outlines the levels of inquiry and discipline; keeping both together are critical to having the public understand that Council takes the issue seriously; implementing the recommendations of the Grand Jury in a way that improves City government is important; the Constitution exists to control the worst impulses of politicians; the Constitution has a due-process clause; one of the weaknesses in the alternative proposal is that there is a mechanism to remove someone just based on an accusation; he appreciates the statements made in the Jenkins report; quoted some of the language; stated an extra statutory recall provision is not appropriate; care needs to be taken in the future not to vest political power because there could be the tyranny of the majority; Council needs to protect the rights of any future Councilmember and the rights of their constituents; he looks forward to the Code of Conduct.

 

Mayor Ezzy Ashcraft stated that she concurs with Councilmembers Vella and Oddie and does not favor a recall election be a part of the modification; care should be taken to be non-partisan as possible; it should not be up to a City Council whether or not to pursue a special election; in addition to usurping the rights of voters to choose, special election costs need to be recognized; staying away from selective enforcement is important; she prefers a simpler and straight forward method of drafting regulations so it is easily understood and not ambiguous; addressed issues raised by public comment about the timing of the special meetings; stated direction was given to Council in July, 2019 at a public meeting with ample opportunity for public comment; the three Councilmembers who were able to vote accepted the findings of the Grand Jury and agreed to investigate and make amendments so the Charter delineates specific types of misconduct that constitute a violation, as well as outline an enforcement process; the Vice Mayor’s proposed language changes do so; Council respects the right of the voters; Charter provisions need to be amended by a vote of the people; Council plans to meet in June to decide and discuss timing; discussed the timing of reopening and Council moving forward with City business.

 

Councilmember Daysog stated if the District Attorney and Grand Jury substantiate allegations that a Councilmember exercised cronyism, people should be able to recall said Councilmember through a special election; he can see that he does not have the votes tonight for his mechanism; while he does not support Vice Mayor Knox White’s language proposals, he does not oppose it either.

 

Mayor Ezzy Ashcraft stated that she fully respects Councilmember Daysog’s right to decide how to vote on the matter; urged him to reconsider his position; stated he has been part of the Subcommittee tasked with making the changes to the Charter and she would like to see his support.

 

Vice Mayor Knox White moved approval of directing staff to come back in June with language that clarifies the Mayor is part of the City Council; he would like the City Attorney’s guidance regarding the language, but starting with restructuring the sentence: “violation of any provision of this section by a member of the City Council shall be prosecuted as prescribed by State law, conviction of which shall immediately forfeit the office…”

 

In response to Mayor Ezzy Ashcraft inquiry regarding the sentence: “Neither the City Council nor any of the members shall give orders to any subordinate…,” Vice Mayor Knox White stated he would leave the wording to the City Attorney.

 

Mayor Ezzy Ashcraft concurred.

 

Councilmember Vella stated she would like to second the motion; inquired whether Vice Mayor Knox White meant the item should come back to Council at the June meeting regarding the scheduling, to which Vice Mayor Knox White stated there are two meetings in June: one to decide how to move forward and the second for potential scheduling.

 

In response to Councilmember Vella’s inquiry, Vice Mayor Knox White stated that he would like to bring the item back for both June meetings; concurred with Councilmember Daysog’s desire to have an opportunity to consider everything at the first meeting and make a determination on whether to move forward at that point.

 

Councilmember Vella stated there is a consensus to support giving direction on the language tonight, which includes potentially placing it on a ballot; she wants to make sure that when the item comes back in June, tonight’s conversation is not re-hashed and Council is really talking about timing, as opposed to the substance of the proposal.

 

The City Attorney stated that he would be happy to bring the Council ballot language whenever directed to do so; suggested doing so when the Council has made a final decision to go forward; stated bring ballot language to the Council in June may be premature, confusing and unnecessary prior to the Council deciding whether or not to move forward; there is time if the Council decides to move forward for the November election, as action needs to be taken by the second meeting in July; assuming Council directs staff to draft ballot language in June, the language will be brought back to Council in July to amend, modify or place on the ballot.

 

Vice Mayor Knox White stated the City Attorney’s statement is consistent with what he is proposing.

 

Councilmember Oddie stated that he is inclined to support direction to actually prepare the ballot language now since it is the original charge of the Subcommittee; the issue has been around for some time; he does not think Council should have a second vote to prepare language; he does not know why it would be an issue to place it on the ballot this year given it was the point of the Subcommittee; he supports bringing the language and the Council voting on it.

 

In response to Mayor Ezzy Ashcraft’s inquiry, the City Attorney stated if the Council gives direction to bring ballot language, staff could bring it to Council at the second meeting in June or the first meeting in July.

 

Councilmember Vella stated that she would like to acknowledge staff’s input about when to start preparing ballot language; she is fine with the current motion as is, provided at the first June meeting Council is not re-hashing tonight’s conversation; what she is hearing from the Vice Mayor is that the only conversation is one about timing regarding the provision, which will happen at the second meeting in June; she is fine with it being on the November ballot, but hears her colleagues wanting to talk about other measures.

 

***

(20-  ) Mayor Ezzy Ashcraft moved approval of adding three minutes to each Councilmember’s time.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

***

 

Councilmember Vella stated she is amenable to whatever pathway forward that allows the Council to be as united as possible; if the timing conversation can be done together in conjunction with other provisions, she if fine with it taking place at the second meeting in June.

 

In response to Mayor Ezzy Ashcraft’s inquiry, Councilmember Vella stated she is okay with having the item on the November ballot.

 

Mayor Ezzy Ashcraft stated that she is respectful of staff’s time; she would like to give the direction Councilmember Vella and Councilmember Oddie seem to be saying could be done now, but does not want to hijack Vice Mayor Knox White’s motion.

 

Vice Mayor Knox White stated Councilmember Vella's recommendation is consistent with his intent; he was not including Councilmember Oddie's recommendation to prepare the ballot language now and does not feel it is necessary; waiting until June to give staff direction was his intent, but he is fine with giving staff direction to prepare the ballot language now to bring back in July. 

 

Councilmember Vella stated she would like to be considerate of Councilmember Daysog's recommendation and have the conversation in June; she supports wherever Council could move together in unanimous agreement; she knows that Councilmember Daysog may not be ready to support the direction and would like to hear from him.

 

Councilmember Daysog stated there is always a possibility of changing his mind; there are separate issues he would still like to pursue; he would like to get at a comfort level with the new language regarding enforcement; if Council moves forward with the language right now, he would like to know the parameters; he understands it cannot be fleshed out tonight; a wise move would be for him to abstain and have further discussion with the City Attorney and Vice Mayor Knox White.

 

Vice Mayor Knox White stated he could withdraw his motion.

 

Councilmember Vella restated Vice Mayor Knox White's motion: clarifying that the matter will come back at the second meeting in June relative to the conversation on timing; in the meantime staff could prepare ballot language and that Council would consider it; the motion includes the Vice Mayor's revised language and the inclusion of the term “Mayor.”

 

In response to Mayor Ezzy Ashcraft's inquiry, the City Attorney stated that he understands Council would like to take one more look at the issue; in the meantime, Council would like staff to prepare ballot language to be brought to Council in July.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Abstain; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4; Abstention: 1.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:59 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL

WEDNESDAY- -MAY 7, 2020- -6:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 6:10 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmember Daysog, Knox White, Oddie, and Mayor Ezzy Ashcraft - 4.  [Note: The meeting was conducted via Zoom.]

 

Absent: Councilmember Vella - 1.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

The City Clerk read the following comment into the record :

 

(20-   ) Rosalinda Fortuna, Alameda, urged Council to recognize that mom and pop housing providers are also small businesses ; discussed rent control laws.

 

AGENDA ITEM

 

(20-   ) Recommendation to Consider Providing Direction to City Staff to Draft Charter Amendment Related to Article 26 (Measure A) to Resolve Conflicts between Article 26 and the City of Alameda General Plan and Alameda Municipal Code.

 

Councilmember Oddie moved approval of objecting to the consideration of the question.

 

In response to Councilmember Daysog’s inquiry, the City Clerk stated Rosenberg’s Rules of Orders states that when members of a body do not want an item on the agenda to be considered and such a motion is in order, it is not debateable and requires two-thirds vote to pass.

 

Councilmember Daysog seconded the motion, which FAILED by the following roll call vote: Councilmembers Daysog: Aye; Knox White: No; Oddie: Aye; and Mayor Ezzy Ashcraft: No.  Ayes: 2. Noes: 2. [Absent: Councilmember Vella - 1.]

 

***

(20-    ) Councilmember Oddie moved approval of not having presenter’s time count against their nine minutes.

 

Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4. Absent: Vella - 1.

***

 

Vice Mayor Knox White thanked Councilmember Daysog for serving on the subcommittee; stated Article 26, colloquially known as Measure A, has been a cornerstone political discussion; there have been many public workshops and lots of public comment; there is broad support for the idea for pursuing changes to Article 26; Measure A reduces Alameda’s ability to produce affordable, sustainable, climate-friendly housing and has impacts on lower-traffic development; the State is requiring the City to build more housing, which is restricted by Article 26; he would like to look at becoming part of the solution, instead of pretending that there is no problem and waiting for the State to take away the Council’s right to approve housing; one key issue has been the lack of trust in elected officials to do it; Option 4 has some components that allow Alameda to be more in compliance with State law; he has yet to hear that anybody is looking to develop in all the cherished neighborhoods, but, at the same time, there are problems with economic development on Park Street and Webster Street with properties that seek to be redeveloped but have a hard time meeting the existing code and finding a project that is financially feasible; the subcommittee has broadly different views and brought forth some different options, including: 1) not doing anything, 2) removing Article 26, which would give future Council’s flexibility, 3) removing just the multi-family prohibition which would allow multi-family on sites that maintain the right density, and 4) amending Measure A to make it clear that it will meet State law.

 

Councilmember Daysog thanked Mayor Ezzy Ashcraft for appointing the subcommittee; stated his voting history recognizes that he supports Measure A as it is, which has been his position all along; Councilmembers represent their truth as much as possible, but there are different truths; Measure A has served Alameda well; voted in 1973 and 1991 Measure A is a blunt instrument that has kept quality of life in Alameda; there are a series of options, but the options desire to change or remove Measure A; Alameda has, in fact, developed multi-family housing, which Measure A purportedly precludes, as a result of some imaginative approaches employed by staff and City Council in 2010; the Boatworks project Council voted on a few months ago specifically implicated Measure A; the burden of proof of altering or removing Measure A has to come from those who want to change it; the amount of multi-family housing being developed in Alameda seems to be moving along in a fashion that allows the City to meet the State obligations with regard to planning for the number of residential units in general, within the context of Measure A; he still needs to hear why Measure A needs to be changed altogether; one reason was impacts on the socio-economic mix, but since Measure A was put in place in 1973, Alameda continues to be economically and ethnically diverse; most of the communications from all perspectives is to hold off on the conversation tonight; he sees the virtue in the public’s desire to hold off on the issue.

 

Stated he supports for the conversation and removal of Measure A; urged the housing supply be increased: Jeff Thomas, Alameda.

 

Stated Alameda Architectural Preservation Society (AAPS) is open to possible changes to Measure A, but the current ad hoc evaluation is premature; the discussion of Measure A needs to consider the full range of possible development rule changes: Christopher Buckley, AAPS.

 

The following public comments were read into the record:

 

Urged Council to hold off deciding on making recommendations on the drafting of a Charter Amendment on City Charter Article 26 (Measure A) until such a time as additional public comment can be solicited and obtained: Birgitt Evans, Alameda.

 

Stated the public must be part of any discussion of possible modification and urged Council to defer the discussion, as there is no urgency now: Patricia Baer, Alameda.

 

Stated the City Council should defer any consideration of Article 26 until after COVID-19 restrictions are reduced to allow in-person attendance at Council meetings; considering the issue at a special meeting with only seven days public notice, rather than the usual 12 days, discourages public comment and creates the impression that the City Council is trying to act with minimal public scrutiny: Karen Lithgow, President, AAPS.

 

Stated that she strongly objects to the Council considering significant Charter changes during the Shelter in Place orders; the matter is not so urgent that it cannot wait: Catherine Bierwith.

 

Stated she strongly objects to the Council considering significant Charter changes during the Shelter in Place orders; urged Council to reconsider the decision to go forward with recommendations until the public is able to address Council in person: Karen Miller, Alameda.

 

Stated that making changes to the City Charter during a national emergency is not good governance; there are issues of a more urgent nature; the proposals can be delayed until the 2022 national election: Dorothy Freeman, Alameda.


Stated AAPS is open to possible modification of Article 26, but modification needs to be developed as part of a carefully considered revision of the City’s overall development goals and objectives; the staff evaluation has a negative tone toward Article 26; Article 26 is still highly consistent with the other provisions of the General Plan: Conchita Perales, AAPS.

 

Stated it is not the time to try to change Measure A with COVID 19; there is no need for more housing that could become unsellable in the future: Jeanne Allen, Alameda. 

 

Stated the Alameda Citizens Task Force (ACT) strongly objects to Council moving forward to consider amending the Charter during the current Shelter in Place Order and the convening of the meeting with no more than the scant 7 day notice required by law; requested that repeal of Article 26 not be placed on the November ballot: Paul Foreman, ACT.

 

Stated any modification to Measure A at this time is premature and unreasonably limited in its scope; when the City is reviewing its overall development goals and objectives later this year would be a more appropriate time; urged Council to postpone consideration of modifications to Measure A: Steve Aced, Alameda.

 

Urged Council to reschedule discussion of changes to Measure A so that concerned citizens can address City Council in person: Elizabeth Tuckwell, Alameda.

 

Stated that he supports Option 2 to put a measure on the ballot to repeal Article 26, with additional provisions written into the Code to protect historic resources; Article 26 limits Alameda's ability to provide the community a fair share of housing; he does not want to see wholesale demolition of historic buildings, but cannot walk by people living in tents and just disregard it: Kevis Brownson, Alameda.

 

Mayor Ezzy Ashcraft stated her top three priorities when she became Mayor were: 1) housing affordability, availability, and homelessness,; 2) traffic and transportation, and 3) the impact of climate change, especially sea-level rise; she speaks from different perspectives: as Mayor, as a long-time Alameda resident, and as the Vice Chair of a Statewide policy committee of the League of California Cities on Housing, Community and Economic Development; there is a housing crisis in the State because homes have not been built to keep up with the burgeoning workers coming to the State; as a result, people are living farther from their jobs and commuting, which clog the freeways and pollutes the air; some of the people slip through the cracks into homelessness; she disagrees with speakers who stated the issue can wait until the 2022 election; the most effective way to address homelessness is not to allow it to happen in the first place; she is proud of the work Council has done to enact progressive renter protections; there is more demand than supply; having a Charter measure which states no multi-family can be built is an impediment; it is not an easy topic; if COVID 19 is being brought into the conversation, remember the crisis impacts some people much more harshly than others including Alameda’s small business owners, their employees and renters; Council has the time now; a decision to amend the Charter will not be made tonight; tonight’s discussion is about whether voters should have the opportunity to vote on this in November 2020; she understands there may be fear of political consequences, but there is a higher purpose for Council service; thanked the Planning Board and Council for the work put into the issue; stated Council can address the issues in real-time despite what is going on; at the end of the day, she would like to do the most good for the majority of the people.

 

Vice Mayor Knox White concurred with Mayor Ezzy Ashcraft’s comments; stated the housing issue and the limitations the Charter are important to the City; with the national election in November, there is opportunity to ask the community how they would like to proceed on the issue; if Council does not allow the opportunity, all the comments from the past are words not met with the action that is clearly needed; removing Article 26 entirely is the most effective and best way; officials are elected to make decisions, but he understands there is lack of trust, which is the reason for Options 4a and 4b; the fact that Council is trying to find work-arounds means that the General Plan is inconsistent with the Charter; he is hoping Council can move forward.

 

Councilmember Daysog stated he will talk straight and does not want to come across as disingenuous; he owns the moniker as the Councilmember who favors slow and moderate growth; he fears overbuilding in an Island with so few ingresses and egresses; even though traffic and transportation measures have been implemented, everyone knows how difficult it is to leave the Island every morning; it creates a reduction in the quality of life; Alameda is still building and doing so within the context of Measure A and meeting State responsibilities; it is true the housing crisis is acute like no other times; during the need to meet the moment of the housing obligation and responsibilities, he wants to make sure to say that the City of Alameda has always been the leader providing for homeless populations; no other city, including closed Base cities, have come close to what Alameda has done for the homelessness issue, including setting aside housing on the former Naval Air Station in 1996 and the recent Crab Cove project; despite the housing crisis, Alameda has risen to the occasion; he understands that more can be done with the removal of Measure A, but he wants to balance the amount of housing relative to the limited infrastructure on the Island.

 

Mayor Ezzy Ashcraft stated that she wants to address some of Councilmember Daysog’s comments; she concurs with his statement about Alameda Point Collaborative (APC) being a good example of the City providing for the homeless; APC’s model of having families stay in homes for a few months until they can transfer to their own homes has proven not to be a workable model; it is a great facility and a good model, but there has not been the turn-over hoped for because there are fewer and fewer affordable housing opportunities in the Bay Area; the voters were supportive of the Crab Cove wellness center; the voters could make the right choice and she would like to allow them to vote on this issue; she respects Councilmember Daysog’s position; questioned whether it is Council’s place to decide whether Alameda voters, in 2020, can have the opportunity to weigh in one way or another; stated she is trying to reconcile what makes the voters back in 1973 more capable and able to determine Alameda’s future now in 2020; they could not have anticipated some of the things that this Council has come to see.

 

Councilmember Oddie thanked his colleagues for bringing the issue forward; stated that he concurs with Councilmember Daysog that Measure A has not prevented multi-family units with the multi-family overlay and the State housing density bonus; between those two zoning rules, Alameda has neutered the first part of Measure A; there are members of the community that have different values and different experiences who are concerned about Council having tonight’s hearing during a pandemic; if Council is going to ask the voters to amend the Charter, the first thing that needs to be gained is trust that the Council is actually putting something on that is in the best interest for the future of the City; it is important for the Council to be respectful of people’s feelings, opinions, and perceptions; he appreciates and accepts ACT and AAPS wanting to modify Measure A as it is written and sees it as a basis to move forward; Council needs to balance the needs of housing and respect the fears and concerns of the preservationist community, otherwise Council is will not be trusted; there is a path forward that does both, which he does not see in the five options; he would like to discuss other options at a future date, but at this point would not support giving direction to pursue any of the five options.

 

***

(20-   ) Mayor Ezzy Ashcraft moved approval of allow Councilmembers an additional three minutes.

 

Councilmember Daysog seconded the motion, which FAILED by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Abstain; and Mayor Ezzy Ashcraft: Aye.  Ayes: 3. Abstentions: Oddie - 1. [Absent: Councilmember Vella - 1.]

 

Councilmember Daysog stated he would yield his remaining four minutes.

 

Councilmember Oddie stated he would support one or two minutes, but three minutes is a lot.

 

Mayor Ezzy Ashcraft moved approval of allowing Councilmembers an additional two minutes.

 

Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4. [Absent: Councilmember Vella - 1.]

***

 

Mayor Ezzy Ashcraft inquired whether Councilmember Oddie found the suggestions from Kevis Brownson to be along the lines of what he would support.

 

Councilmember Oddie responded Mr. Brownson gave a broad overview; stated he thinks there is a way to balance the housing needs and increase the housing supply that was not listed; no one wants the Victorian homes on Central Avenue knocked down; another meeting where he could bring the issue forward with other options and more people attending needs to be done; the issue is 50 years ingrained in Alameda history and deserves more than a special meeting held during a pandemic.

 

Mayor Ezzy Ashcraft stated that she would like to see the topic continue to be discussed; she would also like to see some agreement that it is important enough to move forward; Alameda has not built nearly enough multi-family housing; stated there will not be meetings with 200 people even after City Hall opens back up, as there will be forms of social distancing; there needs to be a way to move forward and fashion a compromise; Council needs to be part of the solution, not part of the problem; action speaks louder than words.

 

Vice Mayor Knox White stated the point of this meeting is to give direction on how to move forward; if there is no support for putting the issue on the ballot, there is no point to having another meeting in June; he heard Councilmember Oddie say that, with some appropriate protections, there is a solution he could support; requested Councilmember Oddie to provide those options to the subcommittee or staff and have it come back in June for further discussion.

 

Councilmember Oddie stated he would be happy to provide his options in writing; felt the framing of Mayor Ezzy Ashcraft’s last comments were unfair; he would still like to do something, but it has to be done right; he does not see any of the options as doing it right.

 

Councilmember Daysog stated in terms of moving forward, he would be interested in knowing more about the concept that Mr. Buckley raised;  Mr. Buckley’s professionalism,  insights and expertise is valuable; if Mr. Buckley says there is possibly a way forward, he would like to know more; he does not think doing so could occur in context of the November election; the difference between 1973 and now, which is the process; in 1973, a lot of people mobilized the community on behalf of Measure A;  tonight, instead of having a bottom up change, it is a top down process; fundamentally Council is undoing the work; if people want to change measure A, gather the signatures, it is the process.

 

Vice Mayor Knox White stated instead of continuing the current subcommittee of Councilmember Daysog and himself, he recommends a subcommittee of Mayor Ezzy Ashcraft and Councilmember Oddie come back in June with language that would meet Councilmember Oddie's concerns; there are many paths and he has provided several options.

 

Vice Mayor Knox White moved approval of creating a different subcommittee [of Mayor Ezzy Ashcraft and Councilmember Oddie] to come back in June with proposed language.

 

***

(20-   ) Vice Mayor Knox White moved approval of adding two more minutes to Mayor Ezzy Ashcraft's time.

 

Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4.  [Absent: Councilmember Vella - 1.]

***

 

Councilmember Oddie stated that he appreciates Vice Mayor Knox White’s recommendation for him and Mayor Ezzy Ashcraft to form the subcommittee; he is okay with it if Councilmember Daysog is okay with it; he has worked well with Mayor Ezzy Ashcraft and feels the subcommittee could look at some options.

 

In response to Mayor Ezzy Ashcraft, Councilmember Daysog stated if the purpose of a subcommittee meeting is to follow-up on specific issues raised this evening, including Christopher Buckley's ideas, in an effort to then put something on the November ballot, he would not support it because Council will still be in the same place in June as it is now; if the subcommittee will meet to look at a range of issues and whether or not putting something on the ballot will be a separate issue, then he supports going forward.

 

Mayor Ezzy Ashcraft stated everything is on the table and would still has to come to Council; a full, robust discussion is the best way to go.

 

Councilmember Oddie stated that he is thinking of a multi-step process, which does not have to, but may include something going on the ballot this year. 

 

Councilmember Daysog stated that he would support the subcommittee as long as Council is not definitively saying that whatever happens in June is going to be put on the ballot; if Mayor Ezzy Ashcraft and Councilmember Oddie would like to flesh out some of the concepts discussed tonight, he supports that.

 

Mayor Ezzy Ashcraft stated she believes that is the intent of Vice Mayor Knox White's motion.

 

Vice Mayor Knox White concurred with Mayor Ezzy Ashcraft.

 

Vice Mayor Knox White restated his motion that Mayor Ezzy Ashcraft and Councilmember Oddie form a subcommittee and work together to identify alternatives that would address the issues of trust Councilmember Oddie mentioned in his comments and come back by the end of June with some proposed language and options, which could include all the existing options or could be limited, and includes concerns raised by Councilmember Daysog.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4. Absent: Vella - 1.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:39 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- - MAY 19, 2020- -5:30 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:31 p.m.

 

Roll Call - Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was held via WebEx.]

 

[Note: Councilmember Vella arrived at 5:35 p.m.]

 

Absent: None.

 

Consent Calendar

 

Vice Mayor Knox White moved approval of the Consent Calendar.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4.  [Absent: Councilmember Vella - 1.]  [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]

 

(*20-__) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community Development Director, and Michelle Giles, Redevelopment Project Manager, as Real Property Negotiators for Site A at Alameda Point.  Accepted.

 

(*20-__) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community Development Director, and Nanette Mocanu, Assistant Community Development Director as Real Property Negotiators for the Alameda Theatre. Accepted.

 

The meeting was adjourned to Closed Session to consider:

 

(20-  ) Conference with Legal Counsel - Existing Litigation; Case Name: HIAS v. Trump; Court: United Stated Court of Appeals for the Fourth Circuit; Case Number: 20-1160

 

(20-  ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Site A at Alameda Point; City Negotiators: Eric J. Levitt, City Manager; Debbie Potter, Community Development Director; Michelle Giles, Redevelopment Project Manager; and Lisa Nelson Maxwell, Assistant City Attorney; Negotiating Parties: City of Alameda and Alameda Point Partners: Under Negotiation: Price and Terms.

 

(20-  ) Conference with Legal Counsel - Anticipated Litigation (Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9); Number of Cases: One (As Defendant - City Exposure to Legal Action; Potential Plaintiffs: Renewed Hope Housing Advocates and Arc Ecology.

 

(20-  ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: Alameda Theatre, Located at 2317 Central Avenue, Alameda, CA; City Negotiators: Eric J. Levitt, City Manager; Lisa Maxwell, Assistant City Attorney; Debbie Potter, Community Development Director; and Nanette Mocanu, Assistant Community Development Director; Negotiating Parties: City of Alameda and Alameda Entertainment L.P.: Under Negotiation: Price and Terms. Not heard.

 

Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Existing Litigation, staff provided information and provided direction by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4, Noes: 1, as follows: the City has been asked to join numerous other local jurisdictions by signing on to an amicus brief filed in the above case where the Court of Appeal for the 4th Circuit will consider a challenge to a Trump Administration Executive Order that would give States and localities the power to prevent refugees from being resettled in their jurisdiction; a US District Court in Maryland granted a preliminary injunction against the Executive Order; the amicus brief seeks to support the plaintiffs and oppose the Executive Order because: 1) the importance and contributions of refugee community members, 2) refugees often provide large returns on the nation’s investment in them by improving local economies, and 3) the Executive Order’s deep incompatibility with the Refugee Act by diminishing cities’ input into the process and undermining Congressional intent by making it much more likely that refugees will be resettled in inappropriate locations, if at all, e.g. not with their families or others from their regions or in cities that are overburdened due to opt-outs; the Council has voted to authorize the City Attorney to sign the amicus brief as requested; regarding Site A, and Anticipated Litigation staff provided information, Council provided direction and no vote was taken.

 

Adjournment

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:51 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE REGULAR CITY COUNCIL MEETING

TUESDAY- - MAY 19, 2020- -7:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 7:07 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]

 

Absent: None.

 

AGENDA CHANGES

 

(20-   ) Vice Mayor Knox White moved approval of recessing the regular meeting to call the special meeting.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4. [Absent: Councilmember Vella - 1].

 

***

Mayor Ezzy Ashcraft recessed the regular meeting at 7:12 p.m. and reconvened the meeting at 11:35 p.m.

***

 

PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS

 

(20-                     ) Proclamation Declaring May 2020 as Asian Pacific Heritage Month.

 

(20-                     ) Proclamation Declaring May 2020 as Older Americans Month.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

Public Comment Read Into Record:

 

(20-                     ) Urged the City to study and support House Resolution 908; stated there is a growing resurgence of anti-Asian xenophobia and hate crimes due to terms used by the White House; urged Council to follow the example set by the City of Oakland: Robert Pon, Alameda.

 

CONSENT CALENDAR

 

The City Clerk announced the agreement with Brownstein Hyatt Farber Schreck LLP [paragraph no. 20-  ], the agreement with Ackerman LLP [paragraph no. 20-  ], the cooperative agreement with the California Department of Transportation [paragraph no. 20-  ] and the parking on City streets and lots ordinance [paragraph no. 20-  ] were removed from the Consent Calendar for discussion.

 

Vice Mayor Knox White moved approval of hearing the Consent Calendar at the continued May 20th meeting at 7:00 p.m.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

 

(20-                     ) Minutes of the Regular and Special City Council Meetings Held on April 21, 2020, and the Continued Regular City Council Meeting Held on April 22, 2020. Not heard.

 

(20-                     ) Ratified bills in the amount of $2,680,607.47. Not heard.

 

(20-                     ) Recommendation to Approve the City of Alameda Investment Policy. Not heard.

 

(20-                     ) Recommendation to Authorize the City Manager to Execute a Contract in the Amount of $135,000 with First 5 Alameda County for Receipt of a Grant to Implement the Alameda Early Learning Community Network (ELCN) Action Plan. Not heard.

 

(20-                     ) Recommendation to Authorize the City Manager, or Designee, to Execute an Agreement Amendment with OpenGov, Inc. to Consolidate Three Existing Separate Software License Agreements into One Agreement and Add a New Budget and Planning Module, for an Amount Not to Exceed $195,041 for Year One and an Annual Amount Not to Exceed $134,156 for Years Two through Five, for a Total Five-Year Compensation Not to Exceed of $731,665. Not heard.

 

(20-                     ) Recommendation to Authorize the City Manager, or Designee, to Execute a New Agreement with Urban Futures, Inc. (UFI) to Complete a Financial Forecasting Model and Associated Strategies, in an Amount Not to Exceed $80,000, plus $12,500 in Contingencies, which are in Addition to the Existing Pension Strategy and Modeling

Agreement between the City and UFI, Previously Executed by the City Manager in March 2020, in an Amount Not to Exceed $45,000. Not heard.

 

(20-                     ) Recommendation to Approve a Report on City Activities and Expenditures Related to the COVID-19 Emergency. Not heard.

 

(20-                     ) Recommendation to Authorize the City Manager to Execute an Agreement with Brownstein Hyatt Farber Schreck LLP for State Legislative Services for a Term of One Year, with the Possibility to Extend for Two Additional Years, for a Total Three Year Compensation in an Amount Not to Exceed $270,000. Not heard.

 

(20-                     ) Recommendation to Authorize the City Manager to Execute an Agreement with Akerman LLP for Federal Legislative Services for a Term of One Year, with the Possibility to Extend for Two Additional Years, for a Total Three Year Compensation in an Amount Not to Exceed $270,000. Not heard.

 

(20-                     ) Resolution No. 15651 Amending the General Fund and Fleet Services Operating Budget by $118,720 for Costs Associated with the Purchase and Installation of In-Vehicle Data Terminals; and

 

(20-                     A) Recommendation to Authorize Purchase of Police in-Vehicle Data Terminals, in an Amount Not to Exceed $102,792, from DuraTech, Inc. and Authorize Installation in an Amount Not to Exceed $15,928, by Lehr Auto Electric. Not heard.

 

(20-                     ) Adoption of Resolution Authorizing the City Manager to Execute a Cooperative Agreement with the California Department of Transportation to Complete the Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimate (PS&E) and Right-of-Way (ROW) for the Central Avenue Safety Improvement Project. Not heard.

 

(20-                     ) Final Passage of Ordinance Amending Alameda Municipal Code Chapter XII (Designated Parking) to Improve Procedures for Management of Public Parking on City Streets and in City Lots. Not heard.

 

REGULAR AGENDA ITEMS

 

(20-                     ) Resolution No. 15653, “Confirming the Park Street Business Improvement Area Annual Assessment Report for Fiscal Year 2020-21 and Levying an Annual Assessment on the Park Street BIA.” Adopted.

 

Vice Mayor Knox White moved adoption of the resolution.

 

Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

(20-                     ) Resolution No. 15654, “Confirming the Webster Street Business Improvement Area (BIA) Assessment Report for Fiscal Year 2020-21 and Levying an Annual Assessment on the Webster Street BIA.” Adopted.

 

Councilmember Daysog recused himself from the item and left the meeting.

 

Councilmember Vella moved adoption of the resolution.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4. [Absent: Councilmember Daysog - 1.]

 

(20-                     ) Recommendation to Select the Brookfield Properties/Catellus Team to Develop the West Midway Project at Alameda Point and Authorize the City Manager to Negotiate an Exclusive Negotiation Agreement (ENA) with the Team Consistent with the Form of the ENA included in the Request for Qualifications (RFQ).

 

The Redevelopment Project Manager gave a brief presentation.

 

Stated that his team is excited for the project: Keith McCoy, UrbanMix Development.

 

Stated the team is ready to move forward on the project: Josh Roden, Brookield Homes.

 

Stated that he has always enjoyed working at Alameda Point and his relationship with the City of Alameda: Sean Whiskeman, Catellus.

 

Public Comment Read Into Record:

 

Expressed support for staff’s recommendation; discussed feedback provided by collaborating partners; stated that she was impressed by the thoughtfulness of the Brookfield/Catellus proposal and that MidPen looks forward to working with Brookfield/Catellus on the supportive housing: Abby Goldware-Potluri, Mid-Pen.

 

Councilmember Oddie stated the project has been given a lot of thought; the finalists presented are now being presented as the best of both worlds; the experience will provide for a great project.

 

Councilmember Oddie moved approval of the staff recommendation.

 

Councilmember Vella seconded the motion.

 

Under discussion, Councilmember Daysog stated that he appreciates the developer will build financial and market flexibility into the project and achieve social justice goals; that he is looking forward to seeing said items fleshed out as the project moves on.

 

Vice Mayor Knox White stated that he is excited to see the project move forward; expressed support for moving the RESHAP program forward; stated Catellus provided the best tagline of the Request for Qualification (RFQ) process.

 

Mayor Ezzy Ashcraft stated that she is pleased to see the project move forward; the RESHAP neighborhood has been an integral part of Alameda; the City has helped shelter many individuals in need; expressed support for the project.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

CITY MANAGER COMMUNICATIONS

 

None.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

None.

 

COUNCIL REFERRALS

 

(20-                     ) Consider Sending a Letter to Alameda County Requesting Assistance in Protecting Essential Workers, Especially Grocery Store and Retail Drug Store Employees during the COVID-19 Pandemic. (Councilmember Vella)

 

Councilmember Vella gave a brief presentation.

 

Mayor Ezzy Ashcraft stated safeguards are in place, but more could be done; the letter is well stated; an upcoming testing facility would provide the opportunity for essential workers.

 

Councilmember Vella moved approval of authorizing the City Manager to send a letter on City letterhead with whichever Councilmembers that would like to sign in support of the referral.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

COUNCIL COMMUNICATIONS

 

None.

 

ADJOURNMENT

                     

(20-   ) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:01 a.m. in memory of Anto Aghapekian

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL

TUESDAY- -MAY 19, 2020- -7:01 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 7:12 p.m.  

 

ROLL CALL -  Present: Councilmember Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]

 

Absent: None.

 

AGENDA ITEMS

 

(20-                     ) Recommendation to Authorize the City Manager to Negotiate and Execute a $310,000 Agreement with Creative Build, Inc. to Operate a Day Center and Safe Parking Program for Individuals Experiencing Homelessness Funded through the Homeless Emergency Aid Program.

 

The Community Development Analyst gave a brief presentation.

 

Vice Mayor Knox White moved approval of the staff recommendation.

 

Councilmember Oddie seconded the motion.

 

Under discussion, Councilmember Daysog stated that he is not convinced the parking program is a good use of funds.

 

Mayor Ezzy Ashcraft stated Council is modeling what will be done after the successful models of other cities; safe parking will have a registration process, be supervised, and have resources available.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Abstain; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4; Abstentions: 1.

 

(20-                     ) Recommendation to Create an Alameda Strong Community Relief Fund to Provide Grants or Other Types of Relief to Small Businesses, Non-profits and Residential Renters that have been Negatively Financially Impacted by the COVID-19 Pandemic.

 

The Economic Development Manager gave a presentation.

 

Mayor Ezzy Ashcraft inquired whether the 13% fee listed in the staff report is a typo, to which the Economic Development Manager responded in the negative.

 

The Economic Development Manager concluded the presentation.

 

Councilmember Oddie inquired whether the applicant will be the tenant for the rent portion of the item; whether there is no other obligation for the tenant to pay rent for the particular dollar amount.

 

The Economic Development Manager responded in the affirmative; stated tenants may currently be two months in arrears; the grant will only pay up to one month.

 

Councilmember Oddie inquired whether a tenant will still owe $500 should they receive $2,500 but the cost of rent is $3,000, to which the Economic Development Manager responded in the affirmative.

 

Councilmember Oddie inquired whether a discussion was had related to publicly traded companies being excluded from the Strong Community Relief Grant.

 

The Economic Development Manager responded the current item clarifies points made from Council, Downtown Alameda Business Association (DABA) and West Alameda Business Association (WABA) regarding amounts; stated staff will exclude publicly traded companies.

 

Councilmember Oddie inquired whether someone would be eligible for multiple grants, to which the Economic Development Manager responded in the negative.

 

Mayor Ezzy Ashcraft inquired the reason franchisee holders would be excluded from the program.

 

Councilmember Vella inquired whether a sole proprietor would be eligible for the same amount as a business with 25 to 50 employees, to which the Economic Development Manager responded in the affirmative.

 

In response to Councilmember Vella’s inquiry, the Economic Development Manager stated instances of families with children assisting the business will take a draw versus paying each member individually.

 

Councilmember Vella inquired the basis for the $2,500 amount for residential tenants.

 

The Economic Development Manager responded the amount is based on average rent in Alameda.

 

Councilmember Vella inquired whether or not the amount is based on the number of tenants living on a given property.

 

The Economic Development Manager responded the amount is up to $2,500.

 

In response to Councilmember Vella’s inquiry, the Economic Development Manager stated if rent is $1,300, the award will only be $1,300.

 

Councilmember Vella inquired whether landlords will be able to apply for the small business grant as well as being paid via rent relief.

 

The Economic Development Manager responded landlords will not be paid through rent relief unless a tenant within their building is qualified; noted the relief is only for residential rent; stated landlords are not listed as a qualifier even though they have a business license.

 

Vice Mayor Knox White inquired the process for including sole proprietors working out of their home with a 50% income loss.

 

The Economic Development Manager responded sole proprietors working out of their home typically are not able to continue working with no source of income; stated there is little difference between sole proprietors and those working out of their home, which causes no reason for exclusion; noted Council requested staff to return with a higher amount and many people have requested 50% loss.

 

Mayor Ezzy Ashcraft stated a home based business does not have the overhead of a commercial business; there are federal programs which may be applied for related to mortgage assistance; inquired whether the Community Relief Fund will be used for mortgage assistance.

 

The Economic Development Manager responded the fund includes operating costs and is for their business.

 

Mayor Ezzy Ashcraft inquired how the City will leverage its resources.

 

The Economic Development Manager responded staff is spending a lot of time and not using consultants to help with program development.

 

Mayor Ezzy Ashcraft inquired whether Working Solutions is the only available choice to administer the fund.

 

The Economic Development Manager responded that she has tried to find other similar firms; stated the report timeline had a quick turnaround.

 

Mayor Ezzy Ashcraft inquired how non-profits are represented.

 

The Economic Development Manager responded non-profits were not included.

 

Councilmember Daysog inquired whether entire household income data will be used for payments, or will the data be provided solely from the leaseholder; inquired how the City can account for household income.

 

The Community Development Director responded an upcoming staff report will discuss how Community Development Block Grant Programs (CDBG) funds will be incorporated; stated staff will contract with Building Futures to run the program; Building Futures ran a similar program before; staff will return with the response to properly defining a household.

 

Councilmember Oddie inquired whether the CDBG funds will be subject to the 13 to 15% administrative charge.

 

The Community Development Director responded Council has independently approved the small business/COVID-19 grant relief program; stated staff will be bringing a rent relief program; the two programs in combination add up to a $1.2 million funding commitment by the City; the community can then help match or exceed the funding.

 

Councilmember Oddie inquired whether a landlord, who is also a property management firm, would be eligible for funding.

 

The Economic Development Manager responded a property management firm would be eligible for funding.

 

Expressed support for creation of funds to assist the community to raise needed money for residents and businesses, and splitting the funds to allow potential donors to donate to a residential fund and a separate business/non-profit fund; stated confidential information should not be made public: Ron Mooney, Alameda.

 

Stated his business as a massage therapist has been affected by COVID-19; inquired whether he can return to work in a chiropractor office: Felix Diaz, Alameda.

 

Mayor Ezzy Ashcraft noted the website for the Alameda County Public Health Department (acphd.org) has updated information about which businesses are open.

 

Councilmember Daysog stated that he appreciates that the staff report includes Community Development Block Grant (CDBG) funds.

 

Vice Mayor Knox White inquired how quickly the community fund can be setup.

 

The Economic Development Manager responded staff hopes to have the program setup by the end of the week.

 

Vice Mayor Knox White stated that he would like more information related to separate funds; separate funds should be the result of conversations with the business community; expressed concern about sole proprietors receiving funding; stated that he would like to ensure the proposal is providing a solution and continuing the viability and strength of community business districts; expressed concern about the shift towards making loss of money a threshold; stated some businesses will receive the $7,500 and never return due to loss of too much money; some businesses have struggled and only lost 20%; the funding opportunity could be a lifeline that allows the business to continue; a lot of work has gone into the program; the 13 to 15% administrative cost is not unheard of and is standard for managing funds; expressed support for implementing the program and begin to receive donations from the community.

 

Mayor Ezzy Ashcraft stated there is a fiscal duty to explore more than one option for administering funds; 13 to 15% for administrative costs might be standard; questioned how much administration the project requires.

 

Councilmember Oddie stated the administrative fee is large; noted the rates could be lowered to help all businesses, tenants and non-profits; stated landlords are business people; another $300,000 should be added to the grant program; the fund is about investing and can be the difference between going out of business and surviving; the businesses generate sales tax and pay workers; many home based businesses have recurring expenses not related to their mortgage; people working out of their home are unable to perform their job; expressed support for including assistance for sole proprietorships, and awarding more grants out of the original $600,000; noted many proprietors have been left out of programs.

 

Councilmember Vella inquired whether an Alameda business could apply to administer the project; stated the process should not cause an unnecessary delay; expressed support for increasing the residential portion; expressed concern about families paying more in rent; stated that she would consider increasing the amount of residential funding up to $3,000 or $3,500 based off of a single month’s rent; some people have substantially lower rent; expressed support for helping businesses get back to work; stated child care businesses will need to completely change operations, which may impact their ability to operate without assistance; expressed support for lowering the award amount for sole proprietors; stated the intent of the grant is to help as many people as possible; expressed concern about giving a lot of money to one individual; stated an individuals’ overhead is substantially less than a business which employs a number of people; noted proprietors are also included in the pandemic unemployment assistance and can recoup funds; expressed support for capping the number of proprietors able to receive funding, sole proprietors receiving up to half of the grant award, and only so many awards being given to sole proprietors for the first wave of funding; inquired whether there is a difference in cost for administering one fund or two separate funds; noted GoFundMe campaigns have received push back from business associations; expressed concern about separating funds; stated it is easier to have one fund be administered.

 

Mayor Ezzy Ashcraft stated the model of other cities keeping the funds separate should be followed; separate funds respects the donor; expressed support for negotiating the administrative fee, and allowing donors to have a say where money is placed; stated that she has difficulty with the in-home sole proprietor; there is a difference between being home-based sole proprietor and a sole proprietor that is not home-based; Council is trying to help the business districts, including non-profits, and should give thought to how many applications will be received; expressed support for increasing the rent award amount, which helps both the tenant and landlord, and shifting the percentage of the fund amounts; expressed support for 50% going towards small businesses, 25% towards renters and 25% towards non-profits; stated many non-profits serve the community in many ways; expressed concern about transferring applicants from the grant program into the Alameda Strong program; stated the impression of giving a head start may be inferred; inquired whether Council should consider a minimum time that a business has been established.

 

The Community Development Director stated staff has provided recommendations for percentage breakdowns with input from the business community; the percentages will not be needed should the funding be separated.

 

***

(20-   ) Councilmember Vella moved approval of adding 2 minutes speaking time for all Councilmembers.

 

Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Abstain; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

***

 

The Economic Development Manager stated staff has not recommended applications be transferred to the new fund; staff has recommended a GoFundMe be setup ahead of time.

 

Mayor Ezzy Ashcraft expressed concern about losing donors without the option to delegate; stated a solution needs to be found.

 

Councilmember Vella expressed support for two funds; inquired whether non-profits will be included in the fund with residential or small businesses.

 

The Community Development Director responded non-profits will have their own fund at 20%.

 

Councilmember Vella stated there will be three funds.

 

Mayor Ezzy Ashcraft stated small businesses have huge needs; it is possible donors might provide funding generally and not specify a fund.

 

Councilmember Vella inquired whether a general $100 donation would be distributed based off the percentage breakdown, to which the Economic Development Manager responded in the affirmative.


Mayor Ezzy Ashcraft inquired whether a non-general donation could be delegated to a different percentage breakdown, to which the Economic Development Manager responded in the affirmative.

 

Councilmember Vella inquired whether it is possible to move the money in the instance one fund is substantially over-funded while another fund is under-funded.

 

The City Attorney responded there is flexibility with how Council provides direction to set up funds; stated staff will execute Council’s wishes with the maximum flexibility possible.

 

The Community Development Director stated once the option is provided and selected by a donor, switching the funds is not ideal.

 

The City Attorney stated should Council wish to provide the flexibility, the option must be advertised early-on.

 

Mayor Ezzy Ashcraft inquired whether the shifted funds could come from donors providing general funding, to which the City Attorney responded in the affirmative.

 

Vice Mayor Knox White expressed support for separate funds; stated that he was surprised by one fund being used for three different designations; people are more likely to contribute to things that are clear; funding a mix of different things is a less successful pitch; there can be a designation on the submittal form to indicate donors may provide funding to all three funds; a number of non-profits were successful in getting Paycheck Protection Program (PPP) funds.

 

Mayor Ezzy Ashcraft inquired whether there is a criteria for non-profits which have applied for PPP funds.

 

Vice Mayor Knox White responded in the negative; stated there is a criteria that non-profits had to have applied for the funding in the previous round.

 

Mayor Ezzy Ashcraft inquired whether the criteria should be considered when looking at income and losses.

 

The Economic Development Manager responded staff had not considered the criteria for the last round, but it can be considered this round.

 

Councilmember Oddie expressed concern about one fund receiving nothing; stated rent payments will go toward property owners; tenant funds will be used to pay rent; expressed concern about a complicated process for splitting funds and the complicated process becoming costly; stated that he is unsure.

 

Mayor Ezzy Ashcraft stated the item should progress forward and is not terribly complicated; other charity organizations perform these types of actions on a regular basis; people are generous; restaurants are providing assistance even at a loss; people want to donate to the fund.

 

Councilmember Oddie inquired whether there is support to awarding more grant money.

 

Mayor Ezzy Ashcraft questioned whether Council could wait until the budget hearing to decide and whether the decision is needed to move the Alameda Strong item forward.

 

Councilmember Oddie noted the item is not on the agenda for the budget; stated the awardees will be announced by the end of the week; expressed concern about a delay in getting money into the hands of businesses.

 

The City Manager stated staff has provided options: 1) the item can be continued to follow the budget meeting scheduled for tomorrow; 2) staff can return on June 2 to discuss adding money to the Alameda Strong fund.

 

Councilmember Oddie inquired whether it is possible to continue the discussion of augmenting the grant fund to the May 20th budget meeting, while moving forward with the Alameda Strong Community Relief Fund.

 

The City Attorney responded Council may continue the agenda item; stated Council may provide direction at this meeting, but still continue the entire item to the May 20th budget meeting.

 

Mayor Ezzy Ashcraft stated that she would like to find a way to move forward on the Alameda Strong Community Relief Fund.

 

Vice Mayor Knox White stated Council may provide direction tonight to move forward with the community fund and delay the action on funding relief until the May 20th budget meeting; the formal vote would occur May 20th.

 

The City Attorney stated staff recommends not bifurcating the item into smaller pieces to continue the item; Council may take votes on the item at this meeting, but allow the option to reverse at the May 20th budget meeting.

 

Councilmember Vella expressed support for taking up the conversation about potentially putting more money into the grant program with the budget discussion, and launching the project; stated the City can give money later, but would focus on getting others to contribute now, which might reduce the need for more funds from the General Fund; expressed concern about a complex administration process; stated that she will defer to staff about the number of funds; noted the option of one fund being earmarked by donors is a way to create less administrative complications; questioned whether different non-profits will only give to related entities; stated there is value to non-profits having their own fund; expressed support for an Alameda Business with experience in administering any public funds being considered to provide assistance.

 

The Community Development Director stated staff is able to continue moving the project forward and incorporate any decision regarding funding provided at the May 20th budget meeting.

 

Mayor Ezzy Ashcraft expressed support for moving the item forward at the current meeting.

 

Councilmember Oddie expressed support for moving the item forward; stated that he would like the option to consider additional funding at the May 20th budget meeting; inquired whether it is possible to continue the discussion.

 

The City Attorney stated the recommendation is to make a substantive motion at this meeting, followed by a motion to continue the item along with the special meeting until the conclusion of the May 20th budget meeting at a time certain; the special meeting will be called after the budget meeting.

 

Councilmember Oddie inquired whether Council is permitted to approve portions of the item or bifurcate; stated Council may approve the Alameda Strong portion and defer the discussion about additional funding to the May 20th budget meeting.

 

Vice Mayor Knox White stated Council has been given the direction to vote on how to move forward with Alameda Strong and continue the item for future discussion at the May 20th budget meeting.

 

Councilmember Oddie moved approval of providing direction to vote on how to move forward with Alameda Strong, and continue the item for future discussion at the May 20th budget meeting with a recommendation for multiple funds.

 

Vice Mayor Knox White seconded the motion, with the following amendment: include restricting grantees which have previously received Paycheck Protection Program (PPP) funds to ensure the City is funding those that were previously unsuccessful with grant applications.

 

Mayor Ezzy Ashcraft inquired whether Council is providing staff the leeway to decide.

 

Vice Mayor Knox White responded in the negative; stated the direction is being provided to restrict.

Councilmember Oddie moved approval of providing direction to vote on how to move forward with Alameda Strong and continue the item for future discussion at the May 20th budget meeting with a recommendation for multiple funds.

 

Vice Mayor Knox White seconded the motion, with the following amendment: include restricting grantees which have previously received Paycheck Protection Program (PPP) funds to ensure the City is funding those that were previously unsuccessful with grant applications.

 

Mayor Ezzy Ashcraft inquired whether Council is providing staff the leeway to decide.

 

Vice Mayor Knox White responded in the negative; stated the direction is being provided to restrict.

 

Councilmember Oddie inquired whether the restriction is directed toward businesses that previously received $7,500, to which the Vice Mayor responded in the negative and stated PPP funds. 

 

Councilmember Oddie accepted the amendment to the motion; inquired whether staff is administering the program.

 

Mayor Ezzy Ashcraft responded staff would administer the program once the payments are made, but the list of applicants and recipients will be administered by a firm; noted PPP starts as a loan that needs to be repaid unless 100% of workforce is retained for a certain period of time; inquired whether receipt of PPP funds would be a negative criteria.

 

Vice Mayor Knox White responded in the negative; stated applicants that have received PPP will not qualify for funds; expressed support for expanding the number of businesses and non-profits in Alameda that receive support versus allowing some businesses to receive double support and others zero support; requested clarification of Councilmember Oddie’s intention of the topic related to sole-proprietors and in-home provider issue.

 

Councilmember Oddie expressed support for keeping sole-proprietors and in-home providers as staff recommends.

 

Councilmember Vella requested a friendly amendment to the motion to limit sole-proprietors to 50% of the grant amount.

 

Mayor Ezzy Ashcraft inquired whether the amendment includes the distinction between sole-proprietors and in-home providers.

 

Councilmember Vella responded that she would like clarification on the distinction; stated the limitation will allow more awards to be provided; expressed support for providing direction to staff to limit the number of awards provided.

 

Councilmember Oddie inquired whether the request is reasonable for staff; accepted the friendly amendment to the motion.

 

The Community Development Director responded staff is able to execute the request; stated Council previously provided direction not to be the first resort for funding; policy direction is helpful for staff; the restrictions for sole proprietors at a reduced formula is possible.

 

Councilmember Vella requested a friendly amendment to the motion to include increasing the residential rent relief to $3,500 at the one month cap; inquired whether the PPP is limited to larger non-profits.

 

Councilmember Oddie accepted the friendly amendment to the motion; inquired whether Vice Mayor Knox White accepts the amendment.

 

Vice Mayor Knox White responded in the affirmative.

 

Mayor Ezzy Ashcraft inquired whether enough information has been provided for the residential portion.

 

The Community Development Director responded staff will state: “one month’s rent, not to exceed $3,500.”

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

Councilmember Oddie moved approval of continuing the discussion on whether or not to accept staff’s recommendation to not provide additional funding for the grant program until after the budget meeting.

 

Vice Mayor Knox White seconded the motion with the following amendment: to continue the item to the May 20th budget meeting.

 

The City Clerk stated a time-specific is needed.

 

Vice Mayor Knox White stated 7:00 p.m.

 

Councilmember Oddie accepted the amendment to the motion.

 

On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

(20-                     ) Recommendation to Authorize the City Manager to Offer Commercial Tenants in City-Owned Properties a Loan Conversion and Forgiveness Assistance Program in Response to the COVID-19 Pandemic.

 

The Assistant Community Development Director gave a brief presentation.

 

Vice Mayor Knox White stated a program will be setup with benchmarks and criteria; inquired the timeline for the 50% loan.

 

The Assistant Community Development Director responded staff is looking for Council to provide benchmarks; stated staff would like to begin the program as soon as possible; noted the deferral program ends in June; stated staff will begin negotiations, and provide budget updates in the first quarter of the new fiscal year.

 

In response to Mayor Ezzy Ashcraft’s inquiry, the Assistant Community Development Director stated cross defaulted means should a tenant default on a promissory note, it is also a default on the lease.

 

Mayor Ezzy Ashcraft inquired whether a tenant defaulting on the promissory note must repay the loan, to which the Assistant Community Development Director responded the City has the option to evict.

 

Questioned whether sole proprietor businesses will be included in the fund: Jonathan Belkalifa’s wife, Alameda.

 

Public comment read into the record:

 

Expressed support for a loan forgiveness program; urged Council to discuss the program further: Jim Strehlow, Alameda. 

 

Mayor Ezzy Ashcraft stated flexibility is important; expressed support for individualized assistance; stated each business has different needs.

 

Councilmember Daysog stated that he received correspondence from the owner of Rock Wall Winery; expressed support for using job retention and catalyst businesses as benchmarks; stated that he does not support subletting; noted many subleases are for container cargos.

 

Councilmember Oddie inquired when the item will return to Council.

 

Mayor Ezzy Ashcraft responded Vice Mayor Knox White inquired about the timeline; stated staff must work quickly due to deferrals ending in June.

 

The Assistant Community Development Director stated the goal is not to bring the item back; staff would like to implement the program and provide a report back to Council in the fall.

 

Councilmember Oddie expressed support for converting deferred rent into a promissory note; expressed concern about not having a cap; stated a tenant could request a deferral for up to 18 months; staff could determine whether the deferral could be converted into 50% forgiveness and 50% into a grant or 100% forgiveness; expressed concern about providing a blank check; stated that he likes the concept of a promissory note with an extended due date.

 

Mayor Ezzy Ashcraft stated that she would like a reasonable period of time for repayment.

 

Councilmember Vella expressed support for allowing promissory notes; stated that she would like to further understand financials before COVID-19; expressed concern about a business stating they will be effectively shut down without rent forgiveness; stated that she would like to know the status of the businesses; full-time employee retention must be considered; expressed support for information related to full-time employees receiving benefits, capping the time at three months, the item returning to Council for discussion about any extended time needs, and understanding which businesses continued to operate in some form during the shelter-in-place; stated the program is a last resort, not a bail-out; the City has a limited budget and Council should be cognizant of fiscal decisions; that she would like to have “catalyst business” defined; expressed support for understanding the potential sales tax to be brought in by businesses and whether the business model will change under the new continued restrictions; stated the promissory note option helps protect the City.

 

The City Manager inquired whether Councilmember Vella intends the three month cap to be an additional three months from the original deferral, for a total of six months, to which Councilmember Vella responded in the affirmative.

 

The City Manager stated the item was brought to Council May 19th, in part, to allow for the item to be brought back June 2nd in the event more discussion was needed.

 

Mayor Ezzy Ashcraft stated that she does not want to rush items that are not well thought out; inquired whether Council can provide detailed direction to staff.

 

The Assistant Community Development Director stated tenants are required to provide an extensive list of expense information in order to qualify for the program; tenants will also need to provide a resiliency plan; staff recommends tenants with more than 30 employees and a demonstrated 30% loss be eligible for the program.

 

The Community Development Director stated Council may consider authorizing an amount of loan conversion for staff to negotiate, as well as authorizing a set number of tenants for a set number of months; then, staff can apply the criteria contained in the staff report combined with direction provided.

 

Mayor Ezzy Ashcraft stated that she is unsure how Council will consider the particular amount of assistance.

 

Vice Mayor Knox White stated employees are experiencing loss of wages and jobs; businesses are seeing significant reductions; everyone is struggling and taking cuts during this time; Council can show leadership; the City receives about $1 million in rent each month; expressed support for using the threshold of those that cannot legally use their buildings due to the health order. the length of time for the loan program to be based on how long the business was impacted by the public health order, plus one month, and 50% rent conversion to grants for businesses showing they retained 75% of jobs over a one-year period; stated that he is struggling with the idea that the goal is to charge people for land and buildings which are unable to be used or occupied; not every business will be able to qualify for the program; Council can provide direction and information related to the deferral program; some businesses will open in the next 2 to 6 weeks; Council should not be involved with every program decision; expressed concern about the criteria reflecting Council selecting businesses which are important or generating the most money; business communities are made of different sizes and all are important; Council should help solve the problem and provide support.

 

Councilmember Oddie expressed support for Vice Mayor Knox White’s comments; stated the City should be more lenient with businesses which have been shut down; the cap should be three months; the payments can be extended out; the cap should be $300,000; the program should be fair to all.

 

Councilmember Daysog expressed support for extending the cap beyond three months; stated recovery may not happen until the end of 2021; stated should shelter in place orders be lifted soon, demand will still be tepid; the timeline can be between 3 to 18 months.

 

Mayor Ezzy Ashcraft inquired whether the original cap of three months could be considered and revisited if needed; stated recovery might happen sooner than anticipated; Council does not currently know the magnitude and duration of the issue, but can come up with a reasonable solution which can be revisited if needed.

 

Councilmember Daysog expressed support for Mayor Ezzy Ashcraft’s comments.

 

Councilmember Vella stated that she would like clarification or a suggestion of an overall cap; expressed support for the item returning if the cap is met; noted portions of businesses could be shut down, while other portions function; expressed support for looking at each businesses’ resiliency plan; inquired how the total number of qualifying employees was calculated.

 

The Assistant Community Development Director responded staff looked at other landlord programs; stated a few tenants have multiple locations; some tenants have multiple buildings.

 

Councilmember Vella stated that she would lower the employee cap to 25 or more.

 

Mayor Ezzy Ashcraft inquired whether a cap on the amount of rent has been decided.

 

Councilmember Oddie expressed concern about the amount being abated versus deferred; expressed support for the cap to be $300,000; then, a report should be brought to Council; stated more can be done if needed in three months; inquired whether any tenants with under 25 employees which may qualify for the program.

 

The Assistant Community Development Director responded there are smaller businesses outside of Alameda Point; stated 25 employees is a reach for many tenants.

 

Councilmember Oddie stated the 25 employee threshold could be just for rent forgiveness or conversion; expressed support for assisting as many tenants as possible.

 

The Assistant Community Development Director stated not many landlords are offering rent abatement; the City is setting the pace by providing abatement; requested clarification on the threshold for allowing rent abatement.

 

Mayor Ezzy Ashcraft stated the City should not do something just because it can; Council should be prudent in helping people through difficult times and should be judicious with the criteria of who qualifies for rent abatement; expressed support for long deferral programs and allowing payments to be paid at the back-end of the lease; stated the criteria needs to be applied in a way that keeps areas viable; expressed support for a program which relies heavily on deferral; stated the time can be lengthened; abatement should only be allowed under specialized circumstances.

 

Vice Mayor Knox White expressed support for rent abatement; stated Council needs to show leadership and encourage others to do so; inquired whether the 90-day deferral and the 90-day loan conversion becomes a six month loan conversion program; whether tenants still have to pay the 90-day deferral.

 

The Assistant Community Development Director responded everything is mixed in together; stated after six months, the tenant has proven that they have overcome and met some of the set benchmarks; staff will offer a 50% abatement and the tenant will be subject to the original deferral program.

 

The City Manager stated the original three months will be combined with an additional three months; should a tenant not abate for three months, another month could be added at some point; noted all six months could be wrapped into a loan.

 

The Assistant Community Development Director expressed support for the length of the program being based on the length of time the building was unusable, plus one month; for having either three months or $300,000 being the cap, allowing Council to designate whichever is greater or lower; stated the options allow guidelines for administering the program.

 

Vice Mayor Knox White expressed concern about the $300,000 cap; stated the cap will be reached at 2 to 3 companies; expressed concern about approving the first seven businesses that apply, hitting the cap and needing to request more funding.

 

Mayor Ezzy Ashcraft inquired whether or not staff will be contemplating tenants on a first come first served basis; expressed support for an application period and process with scoring criteria.

 

The Assistant Community Development Director responded the cap was considered at $300,000 per tenant; stated a few tenants pay $50,000 per month; the program is not based on a first come first served basis; each agreement will need to be negotiated; the criteria is strict and the City can offer deferrals, not abatement, in the event a tenant does not fully qualify; the applications will be looked at closely.

 

Mayor Ezzy Ashcraft stated the leases have high monthly rents.

 

Councilmember Oddie expressed concern about offering a blank check to every tenant with a cap of $300,000; outlined monthly lease rents for various tenants.

 

Mayor Ezzy Ashcraft inquired whether a capped amount for a certain category could be applied for small, medium and large businesses; whether Council can provide direction on the parameters.

 

Councilmember Oddie stated rent should be abated for those locked out and shut down for the first three months; the second three months should be as generous as possible with deferrals and loan conversion; expressed support for staff returning to Council when the $300,000 cap in proposed abatements is reached.

 

Mayor Ezzy Ashcraft inquired whether the proposed abatements are per tenant.

 

Councilmember Oddie responded in total.

 

The City Manager stated the $300,000 cap is for all abatements; staff will take Council comments and return with 2 to 3 choices in June to allow a good program to move forward.

 

Councilmember Vella stated that she would like to understand the implications to planned Capital Improvement Projects (CIP) at Alameda Point and other properties; there is a cost associated; there are few businesses which have been truly locked out; expressed support for using the budget analysis to determine which items are delayed; there have been complaints related to infrastructure; investment should be in certain infrastructure.

 

Councilmember Daysog stated one way to not provide a “blank check” to tenants would be to provide benchmarks; creating a threshold will help; expressed support for catalyst businesses being included, which calculates businesses generating foot traffic or positive collateral effects.

 

Mayor Ezzy Ashcraft inquired whether comments should be submitted to allow staff to return in June.

 

Councilmember Oddie responded that he can wait until June.

 

Mayor Ezzy Ashcraft expressed support for ensuring the City is helping those in need and not delaying the process.

 

Councilmember Oddie moved approval of giving staff the authority to provide [tenants] a deferral of any three months and up to an additional three months deferral per tenant which will be converted into a promissory note; staff will return for further Council discussion related to potential abatement without a cap.

 

Mayor Ezzy Ashcraft expressed support for the motion.

 

Vice Mayor Knox White inquired whether the motion includes staff returning in June with the proposed criteria for potential conversion to 50% grant for discussion.

 

Councilmember Oddie responded June or July.

 

Vice Mayor Knox White seconded the motion.

 

Under discussion, Vice Mayor Knox White stated people need certainties; expressed support for the criteria to be provided sooner rather than later.

 

Mayor Ezzy Ashcraft inquired whether the item will return in June or after a few months.

 

Vice Mayor Knox White responded June or July.

 

The City Manager requested the motion be re-stated.

 

The City Clerk stated the motion is to give staff authority to provide any three month deferral and up to an additional three months deferral per tenant which will be converted into a promissory note; staff will return for further Council discussion related to potential abatement without a cap with a discussion to return regarding potential conversion to 50% grant.

 

Councilmember Oddie stated that he is also supportive of 100% due to complete lockdown.

 

Mayor Ezzy Ashcraft stated the parameters can be left open since the item will return.

 

The City Manager inquired whether the motion includes abatement while closed down, plus three month with an additional three months.

 

Councilmember Oddie stated abatement has been deferred; the April, May and June deferral has the option to be taken in any three months if the deferral has not been taken in April, May or June; Council authorizes the City Manager to grant additional deferrals on a case-by-case basis of up to an additional three months if requested, which will be converted into a promissory note; the discussion on abatement or 50% conversion into grants will be discussed in June or July.

 

The Assistant Community Development Director inquired whether staff will have flexibility in the repayment terms; noted some repayment terms might exceed lease terms.

 

Councilmember Oddie responded that he is open to having flexible repayment terms.

 

Mayor Ezzy Ashcraft stated terms may be individualized to particular business’s needs; staff will have the best knowledge of the needs and can negotiate; expressed support for staff having flexibility.

 

Vice Mayor Knox White expressed concern about picking companies that are thought of as good.

 

Councilmember Oddie stated the use of the lease term will assist the repayment terms.

 

On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

***

(20-   ) Vice Mayor Knox White inquired whether a motion can be made to ensure all items will be heard.

 

Mayor Ezzy Ashcraft responded that she could support a motion that any item which has public speakers will be heard; noted some items on the regular agenda need to move forward; stated that she is unsure the entire agenda will be heard.

***

 

***

Mayor Ezzy Ashcraft recessed the special meeting at 10:02 p.m. and reconvened the meeting 10:20 p.m.

***

 (20-                     ) Recommendation to Endorse Implementation of Temporary Street Reconfigurations to Provide Space for Social Distancing in Response to the COVID-19 Emergency.

 

Councilmember Oddie inquired whether the recusal requires members to be out of the [Zoom] picture.

 

The City Attorney responded that his recommendation would be to have Councilmembers Daysog and Oddie step “off the dais” or off camera for the entirety of public comment.

 

The City Engineer gave a brief presentation on commercial and business districts.

 

Councilmembers Daysog and Oddie recused themselves and left the meeting.

 

The City Engineer gave a brief presentation on residential slow streets program.

 

Vice Mayor Knox White inquired whether the goal is to place signage at every intersection as the project moves forward.

 

The City Engineer responded staff had the ability to install nine signs at the beginning of the project, and seven were installed the first day; a work order has been created for maintenance staff to create additional “Road Closed to Through Traffic” and additional “Pedestrian Warning” signs; 20 total installations are available and 14 are deployed; should staff move forward to phase two, staff will be able to deploy the rest by early next week; the intention is to place signage at primary intersections and additional intersections could be backfilled as the program progresses.

 

Vice Mayor Knox White inquired whether a determination has been made during the pilot regarding safety being higher or lower with signage.

 

The City Engineer responded early feedback stated there was insufficient signage to provide at intermediate cross streets; stated the project was deployed May 11th with additional barricades and signage to begin blocking off through traffic to certain streets; additional signage could be added however staff is limited by the ability to create signage and the duration of the program.

 

Councilmember Vella expressed concern for issues on through streets; inquired whether there have been reports of near misses or other traffic safety issues since implementation.

 

The Senior Transportation Coordinator responded that some survey responses have yielded reports of speeding and concerns; stated that she does not recall reports of near misses or reported collisions during the program.

 

The City Clerk stated public comment will take Council past the 11:00 p.m. limit; noted Council may call back recused Councilmembers Daysog and Oddie for a vote to extend the meeting time past 11:00 p.m.; stated Councilmembers Daysog and Oddie may then re-recuse themselves and allow public comment to be heard and read into the record; outlined the remaining items on the agenda.

 

Mayor Ezzy Ashcraft stated that she would like to get to the regular agenda items; inquired whether certain items should be heard or if Council should proceed to a time-specific.

 

***

(20-   ) Councilmember Oddie moved approval of hearing the remaining items on the regular agenda without a time-limit; stated that he does not know the amount of public comment on remaining items.

 

Mayor Ezzy Ashcraft stated that she would like to complete the current item and move to the regular meeting agenda including the consent calendar and regular agenda items.

 

Vice Mayor Knox White seconded the motion.

 

Under discussion, Vice Mayor Knox White expressed support for hearing the entire regular meeting agenda.

 

Mayor Ezzy Ashcraft stated that she is not willing to go past midnight; requested a friendly amendment to hear the balance of the agenda and finish by midnight.

 

Councilmember Daysog expressed support for hearing the agenda and finishing the meeting by midnight; stated there have been previous issues about late meetings; questioned whether the public is served by Council making decisions at 12:15 a.m.

 

Councilmember Oddie stated that he will do his best to speak briefly.

 

Mayor Ezzy Ashcraft stated that she will not support a motion unless the meeting ends at midnight.

 

Councilmember Daysog expressed support.

 

Councilmember Oddie stated Council speaking time should be cut from 9 to 3 minutes.

 

Mayor Ezzy Ashcraft stated the current item requires more than 3 minutes.

 

Vice Mayor Knox White expressed support for the motion amendment with the commitment to complete the West Midway Project team selection item [paragraph no. 20-  ] on the regular agenda; stated should the time reach midnight and team selection item is not complete, the expectation is to complete the item.

 

Councilmember Vella noted the Council Referral was cut off during a previous Council Communication; stated the item is timely; expressed concern about further delaying the item; stated the item should be short.

 

Councilmember Oddie made a substitute motion to approve hearing all items, speaking quickly, finishing by midnight and any items not finished will be continued to tomorrow’s 7:00 p.m. meeting continuation.

 

Vice Mayor Knox White seconded the motion.

 

The City Clerk requested clarification that the meeting will end regardless of item discussion by midnight.

 

Mayor Ezzy Ashcraft responded in the affirmative.

 

Councilmember Oddie stated unless there is a vote to overrule.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

***

 

Councilmembers Daysog and Oddie recused themselves and left the meeting.

 

Expressed support for commercial slow streets that support social distancing; urged all forms of alternate transportation be treated equally; stated proper treatment of AC Transit busses are measured by three goals: safety, accessibility and operational performance; urged Council to pay particular attention to bus stops and temporarily install bus bulbs or boarding islands: Robert delRosario, AC Transit.

 

Public comment read into record:

 

Discussed her experience with transportation in Alameda; expressed concern about the slow streets plan; stated implementation will be based on community response; urged safer streets for Alameda; stated public transit is essential to reducing the carbon footprint: Ingrid Ballmann, Alameda.

 

Urged Council to support slow streets; stated the pilot program is limited in a number of ways; expressed support for implementing strategies which allow small businesses to open without endangering the health of customers or staff: Cyndy Johnson, Alameda.

 

Stated Alameda could be ranked with the best European pedestrian plazas; urged people to be prioritized; discussed visuals: Pat Potter, Bike Walk Alameda.

 

Expressed support for the existing slow streets; urged Council to expand the slow streets project and re-configure street space in business districts to allow safe and separated bike infrastructure on Park Street and Webster Street: Denyse Trepanier, Alameda.

 

Expressed support for closing some streets to allow restaurants to use sidewalk space or lanes for outdoor seating; noted restaurant business is episodic; urged outdoor dining as a safer option; urged Council to find creative ways to allow restaurants and stores to open: Olaf Faaland, Alameda.

 

Stated temporary street reconfigurations involve reusing traffic lanes and parking spaces; discussed removing parking spaces on Central Avenue and Webster Street; stated Webster Street does not have a parking structure; urged the City to plan for a Webster Street parking structure or solution; expressed concern about partially closing of Versailles Avenue without advance public discussion: Jim Strehlow, Alameda.

 

The Senior Transportation Coordinator stated a recent report showed a child on a bike almost hit by a speeding car at Pacific Avenue and Schiller Street; the intersection is without a barricade; a barricade is be requested at the intersection.

 

Vice Mayor Knox White stated that he appreciates the network map included in the staff report; noted the map shows developing the program into the business portion; slower streets are safer than what exists; noted a pedestrian was hit earlier in the day at a properly designed intersection of Constitution Way and Buena Vista Avenue; stated current streets are not hospitable to those walking and bicycling; expressed support for the program, and prioritizing signage at every intersection; stated it is not a shelter in place program, it is a social distancing program; the program is going to be needed at least through the end of 2020.

 

Councilmember Vella expressed support for more signage and barricades, especially where near misses have occurred; stated the design should be as safe as possible; expressed concern about limited information being provided and learning about programs after-the-fact; signage and barricades are critical at pass-through traffic areas; the program is related to social distancing and many people will be working and learning from home until the end of the year; the program should be continued until at least the end of 2020.

 

Mayor Ezzy Ashcraft expressed support for the program; stated that she regrets the lack of notification to residents; the program was brought by a series of unfortunate incidents; the program should be expanded over time under the Active Transportation Plan to allow for community input; discussed walking through town; stated residents support slowing streets; people are still sheltering in place; Council must remain aware of staff time; noted East Bay Regional Park (EBRPD) Board Member Ellen Corbett is urging cities to close streets allowing people more space to spread out and properly allow social distancing.

 

Vice Mayor Knox White moved approval of endorsing temporary street reconfiguration for social distancing in response to the COVID-19 emergency, with clarification that this is during social distancing, not just shelter in place orders, and endorsement of moving forward in the spirit of Ms. Corbett’s request of expanding the program on a temporary basis working through the Active Transportation Program in order to address it on a more permanent basis in the future.

 

Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Absent; Knox White: Aye; Oddie: Absent; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 3; Absent: 2.

 

Councilmembers Daysog and Oddie returned.

 

Councilmember Oddie stated Council should go big on the item; noted other cities are providing the program; residents will go somewhere else should Alameda not participate; expressed support for closing Park Street from Buena Vista Avenue to San Jose Avenue every Friday and Saturday night and Webster Street from Buena Vista Avenue to Central Avenue; stated that he supports closing parking lots across the City where restaurants are near, such as South Shore and Alameda Landing; stated California Alcohol and Beverage Control (ABC) released an updated regulation allowing restaurants and bars to serve customers on sidewalks, parking lots, and streets; Alameda should not miss out on the program; expressed concern about eating next to vehicle exhaust.

 

Councilmember Daysog stated residents are enthusiastic about the program; expressed support for the program; stated the program will help many businesses in commercial areas; expressed support for closing side streets such as Alameda Avenue between Park Street and Oak Street and Webb Avenue between Everett Street and Park Street.

 

Councilmember Vella stated there are several street fairs scheduled during the summer on both Park Street and Webster Street; noted the events will not happen with regulations in place; expressed support for some form of special event street closure opportunity with closed off street sections for several days to allow for outdoor dining and safe foot traffic; stated there are opportunities in July or August; safe and clean bike parking and corrals will be needed; outdoor parking lots should be considered for Webster Street to allow business use.

 

Vice Mayor Knox White the program should be implemented as fast as possible.

 

Mayor Ezzy Ashcraft expressed support for the program; expressed concern about closing Park Street and Webster Street on Friday and Saturday due to bus routes; stated those who rely on public transit need to be considered; the City can work with transit partners to see what can be done related to rerouting; expressed support for highlighting restaurants with an event and moving the item forward to become a permanent feature.

 

Vice Mayor Knox White moved approval of endorsing the plan with direction to staff to look for opportunities to close streets in order to support business districts.

 

Councilmember Daysog seconded the motion.

 

Under discussion, Councilmember Oddie stated that he would propose an evening closure to portions of Park Street and Webster Street on Friday and Saturday; expressed concern about having enough space to have proper social distancing; outlined other cities providing similar programs.

 

On the call for the question, the motion passed by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:35 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

WEDNESDAY- -MAY 20, 2020- -5:30 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:36 p.m. and led the Pledge of Allegiance.

 

ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft - 5.

 

Absent: None.

 

ORAL COMMUNICATIONS

 

None.

 

AGENDA ITEM

 

(20-   ) Workshop for Fiscal Year (FY) 2020-21 Mid-Cycle Budget Update to Provide Direction on Funding Changes that will be Incorporated into Budget Adoption Hearing Materials for City Council Consideration in June 2020

 

The City Manager, Finance Senior Management Analyst and Assistant City Manager gave a Power Point presentation.

 

The City Council asked questions, to which the Interim Fire Chief, Public Works Director, Community Development Director, Assistant Community Development Director and Recreation and Parks Director responded.

 

Public comment read into the record:

 

Urged Council to move forward with hiring of the Sustainability and Resiliency Manager and DePave Park as soon as possible: Ruth Abbe, Community Action for a Sustainable Alameda.

 

Councilmembers each made comments on the proposed budget.

 

The City Manager summarized changes; stated there are two major issues Council would like addressed; one Councilmember would like to see some options for DePave Park; several Councilmembers would like options if the financials are worse than what is being shown now; staff will bring back somewhere between $2 million and $4 million in potential cuts in July and other options to address short comings in October; there is $1 million in savings on the leases right now which will be brought back, along with a related abatement policy.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:31 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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

MINUTES OF THE CONTINUED MAY 19, 2020 SPECIAL AND

REGULAR CITY COUNCIL MEETINGS

WEDNESDAY- - MAY 20, 2020- -7:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 7:35 p.m.

 

ROLL CALL - Present: Councilmembers Daysog, Knox White, Oddie, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom]

 

Absent: None.

 

CONTINUED SPECIAL MEETING AGENDA ITEM

 

(20-                     ) Recommendation to Create an Alameda Strong Community Relief Fund to Provide Grants or Other Types of Relief to Small Businesses, Non-profits and Residential Renters that have been Negatively Financially Impacted by the COVID-19 Pandemic.

 

The Community Development Director stated Councilmember Oddie requested to discuss whether or not there is Council interest in appropriating or allocating $300,000 to augment the grant program; the remainder of the discussion had been closed due to sufficient direction provided from Council; staff is moving forward with the fund and the only outstanding item is related to the additional $300,000 allocation; the Council may agree to a different amount.

 

Councilmember Oddie expressed support for augmenting the fund; stated the fund is an investment, not an expense; the restaurants saved will provide sales tax revenue and will help keep people employed; this is the people’s money; the City has over-collected from people over time and has managed assets; noted the program is over-subscribed; expressed concern for the outcry from those that may not receive any funding; stated there will be pressure should the majority of businesses not receive an award.

 

Councilmember Vella stated that she is weary of investing money the City does not have or will potentially need for other items; for the long-term future and ability to provide services; stated action needs to be taken quickly on the fund; bureaucracy has been cut out as much as possible; expressed support for looking at the program in a broader context after the City has made effort to fundraise the account; stated the City is providing essential services and Council needs to ensure those services are fully funded in both short and long term; expressed support for the ability to make investments, and expend other resources to try and help the fund gain traction and contributions from the private sector; for knowing the trade-offs of looking at additional expenditures.

 

Vice Mayor Knox White stated the City has a healthy reserve and will continue to have a healthy reserve even after spending down; expressed support for seeding the fund by matching grants or to help spur community donations; for guaranteeing a set amount of money for the fund; stated there is no trade-off in providing the additional $300,000 that is sitting in reserve funds; there will be trade-offs down the road, in numerous years; now is the time to help local businesses; expressed support for putting $200,000-300,000 into the existing program and taking the next 50 companies $7,500 through the previous funding process; for putting the money into the Alameda Strong fund as a matching fund on a dollar-to-dollar basis to spur community investments.

 

Councilmember Daysog stated that he is satisfied with the current structure of the program provided by staff, including the amount of funds; expressed support for changing paths in the future if needed.

 

Mayor Ezzy Ashcraft expressed concern for not replenishing the reserves; for the curve [of COVID-19] continuing to move up; stated Council does not know how the curve will impact businesses going forward; funds might be used up and unable to be provided for businesses hit by a potential second wave of COVID-19; expressed support for holding the line now with what has been proposed to ensure a robust, well marketed program; stated the program will be well funded and able to help small businesses, non-profits and renters; expressed concern for an unknown economy; for dipping into healthy reserves; stated staff has provided an ambitious timeline to put the fund together; the item can be brought back to explore other options.

 

Councilmember Oddie stated the discussion is worth having; noted the impacts of the second round [of COVID-19] are unknown; stated that he would like the rules of behest payments be reiterated by the City Attorney’s office to allow for compliant donations.

 

Mayor Ezzy Ashcraft expressed support for a memo outlining behest payments; inquired whether a motion is needed for staff to continue, to which the CDD responded in the negative.

 

CONTINUED REGULAR MEETING CONSENT CALENDAR

 

The minutes of the regular and special meetings [paragraph no. 20-  ], the agreement with Brownstein Hyatt Farber Schreck LLP [paragraph no. 20-   ], the agreement with Ackerman LLP [paragraph no. 20-  ], the cooperative agreement with the California Department of Transportation [paragraph no. 20-  ] and the parking on City streets and lots ordinance [paragraph no. 20-  ] were removed from the Consent Calendar for discussion.

 

Councilmember Daysog moved approval of the remainder of the Consent Calendar.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.  [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]

 

(20-                     ) Minutes of the Regular and Special City Council Meetings Held on April 21, 2020, and the Continued Regular City Council Meeting Held on April 22, 2020.

 

Councilmember Vella stated the minutes are difficult to follow due in part to technical difficulties; noted the meeting via WebEx crashed late at night during Council deliberation leading to confusion; stated the timing of the special meeting discussions were difficult to follow and two separate conversations and motions related to timing and substance occurred; expressed support for a recap of any motion should a technical difficulty occur in the future to ensure clarity for Council and the public.

 

Councilmember Vella moved approval of the meeting minutes.

 

Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

(*20-                     ) Ratified bills in the amount of $2,680,607.47.

 

(*20-                     ) Recommendation to Approve the City of Alameda Investment Policy. Accepted.

 

(*20-                     )  Recommendation to Authorize the City Manager to Execute a Contract in the Amount of $135,000 with First 5 Alameda County for Receipt of a Grant to Implement the Alameda Early Learning Community Network (ELCN) Action Plan. Accepted.

 

(*20-                     ) Recommendation to Authorize the City Manager, or Designee, to Execute an Agreement Amendment with OpenGov, Inc. to Consolidate Three Existing Separate Software License Agreements into One Agreement and Add a New Budget and Planning Module, for an Amount Not to Exceed $195,041 for Year One and an Annual Amount Not to Exceed $134,156 for Years Two through Five, for a Total Five-Year Compensation Not to Exceed of $731,665. Accepted.

 

(*20-                     ) Recommendation to Authorize the City Manager, or Designee, to Execute a New Agreement with Urban Futures, Inc. (UFI) to Complete a Financial Forecasting Model and Associated Strategies, in an Amount Not to Exceed $80,000, plus $12,500 in Contingencies, which are in Addition to the Existing Pension Strategy and Modeling

Agreement between the City and UFI, Previously Executed by the City Manager in March 2020, in an Amount Not to Exceed $45,000. Accepted.

 

(*20-                     ) Recommendation to Approve a Report on City Activities and Expenditures Related to the COVID-19 Emergency. Accepted.

 

(20-                     ) Recommendation to Authorize the City Manager to Execute an Agreement with Brownstein Hyatt Farber Schreck LLP for State Legislative Services for a Term of One Year, with the Possibility to Extend for Two Additional Years, for a Total Three Year Compensation in an Amount Not to Exceed $270,000.

 

Public Comment Read into the Record:

 

Urged Council to take steps to inform the public in sufficient detail that will permit and informed understanding of the City’s lobbying activities; discussed enhanced transparency being provided through the City’s website, including a compendium of current and past lobbying activities, and details being included as exhibits to reports: Jay Garfinkle, Alameda.

 

Councilmember Vella stated that the firm has been contracted with for longer than her duration as a Councilmember; expressed support for a 15-month term contract; stated the firm may then be re-evaluated with additional options.

 

The City Manager stated the firm has a one year contract with two year extensions; a 15-month term takes the contract to the end of the legislative session in the following year; performing a Request for Proposals (RFP) at the end of the term would be helpful.

 

Councilmember Oddie stated there is an approved legislative agenda document which details lobbying items; Council does not receive much information back on successes; noted a previous issue with the Surplus Lands Act; stated that he would have appreciated a faster response from the lobbyists; expressed support for public discussion to inform all about lobbying actions.

 

Mayor Ezzy Ashcraft stated federal packages have been kept updated; expressed support for a public meeting.

 

Councilmember Vella moved approval of authorizing the City Manager to execute an agreement with Brownstein Hyatt Farber Schreck LLP for State legislative services for a term of 15-months and a total compensation amount not to exceed a prorated amount of 15-months of $270,000.

 

Vice Mayor Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

(20-                     ) Recommendation to Authorize the City Manager to Execute an Agreement with Akerman LLP for Federal Legislative Services for a Term of One Year, with the Possibility to Extend for Two Additional Years, for a Total Three Year Compensation in an Amount Not to Exceed $270,000.

 

Note: Public Comment by Jay Garfinkle was read into record as part the above agenda item [paragraph no. 20-   ].

 

Councilmember Vella moved approval of authorizing the City Manager to execute an agreement with Akerman LLP for Federal legislative services for a term of 15-months and a total compensation amount not to exceed a prorated amount of 15-months of $270,000.

 

Councilmember Oddie seconded the motion.

 

Under discussion, Councilmember Oddie stated that he would like to receive information in either open or closed session; noted the impact of the COVID-19 virus should be looked at and updates should be provided.

 

Mayor Ezzy Ashcraft stated the firm is also providing strategic advice about who is voting in which way.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 5.

 

(*20-                     ) Resolution No. 15653, “Amending the General Fund and Fleet Services Operating Budget by $118,720 for Costs Associated with the Purchase and Installation of In-Vehicle Data Terminals.”  Adopted; and

 

(*20-                     A) Recommendation to Authorize Purchase of Police in-Vehicle Data Terminals, in an Amount Not to Exceed $102,792, from DuraTech, Inc. and Authorize Installation in an Amount Not to Exceed $15,928, by Lehr Auto Electric.   Accepted.

 

(20-                     ) Resolution No. 15654, “Authorizing the City Manager to Execute a Cooperative Agreement with the California Department of Transportation to Complete the Project Approval and Environmental Document (PA&ED), Plans, Specifications and Estimate (PS&E) and Right-of-Way (ROW) for the Central Avenue Safety Improvement Project.”  Adopted.

 

Councilmember Vella recused herself and left the meeting.

 

Public Comment Read into the Record:

 

Stated the current design removes 23 parking spaces; discussed parking spaces being occupied at Central Avenue; stated existing parking spaces on Webster Street are needed are necessary for businesses; urged Council to address parking needs for Central Avenue and Webster Street: Jim Strehlow, Alameda.

 

Vice Mayor Knox White moved adoption of the resolution.

 

Councilmember Oddie seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Absent; and Mayor Ezzy Ashcraft: Aye.  Ayes: 3; Noes: 1; Absent: 1.

 

(20-                     ) Ordinance No. 3280, “Amending Alameda Municipal Code Chapter XII (Designated Parking) to Improve Procedures for Management of Public Parking on City Streets and in City Lots.”  Finally passed.

 

Public Comment Read into the Record:

 

Stated that the use of parking funds going toward bicycle enhancements is non-compliant; parking funds should address parking issues, not bicycle projects: Jim Strehlow, Alameda.

 

Vice Mayor Knox White moved final passage of the ordinance.

 

Councilmember Vella seconded the motion.

 

Under discussion, Councilmember Daysog stated that he does not support the item and will continue to vote no.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: No; Knox White: Aye; Oddie: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye.  Ayes: 4; Noes: 1.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 8:24 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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