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File #: 2022-2123   
Type: Consent Calendar Item
Body: City Council
On agenda: 6/21/2022
Title: Minutes of the Special City Council Meetings and the May 3, 2022 Continued Meeting Held on May 10, 2022; and the Special and Regular City Council Meeting Held on May 17, 2022. (City Clerk)

Title

 

Minutes of the Special City Council Meetings and the May 3, 2022 Continued Meeting Held on May 10, 2022; and the Special and Regular City Council Meeting Held on May 17, 2022.  (City Clerk)

 

Body

 

UNAPPROVED

MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -MAY 10, 2022- -5:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:03 p.m.

 

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

 

Absent: None.

 

 (22-__) Conference with Labor Negotiators (Government Code Section 54957.6); City Negotiators: Gerry Beaudin, Interim City Manager; Nancy Bronstein, Human Resources Director; Nico Procos, General Manager Alameda Municipal Power; Jessica Romeo, Human Resources Manager; and Steve Woo, Senior Human Resources Analyst; Employee Organizations: Alameda City Employees Association (ACEA); Management and Confidential Employees Association (MCEA); Electric Utility Professionals Association (EUPA); International Brotherhood of Electrical Workers (IBEW); Alameda Police Officers Non-Sworn (PANS); Alameda Municipal Power Unrepresented Employees (AMPU); Alameda Police Management Association (APMA); Under Negotiation: Salaries, Employee Benefits and Terms of Employment

 

Following the Closed Session, the meeting was reconvened and the City Clerk announced that staff provided information and Council provided direction by the following two roll call votes: Vote 1: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; Vote 2: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: 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 5:59 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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MINUTES OF THE CONTINUED MAY 3, 2022 CITY COUNCIL MEETING

TUESDAY- -MAY 10, 2022- -5:59 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 6:15 p.m.  Councilmember Herrera Spencer led the Pledge of Allegiance.

 

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

 

Absent: None.

 

CONTINUED ITEM

 

(22-   ) Recommendation to Provide Direction on Potential Revenue Measures to Submit to Voters for the November 8, 2022 Election.

 

The Interim City Manager, Miranda Everitt, FM3, and Jeremy Hauser, TBWTH Props & Measures, gave a Power Point presentation.

 

***

(22-   ) Councilmember Knox White moved approval of allowing 5 more minutes for the presentation.

 

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

***

 

Mr. Hauser and the Public Works Coordinator completed the presentation.

 

Mayor Ezzy Ashcraft discussed her experience working on a library parcel tax measure; inquired about concern over the polling for the infrastructure bond.

 

Ms. Everitt responded a two-thirds threshold is very challenging; stated from February to now it has become even more challenging due to war abroad and concern about gas prices and cost of living; the approach is conservative so the City does not go to the ballot with something the voters would ultimately reject; negatives would come from Facebook, Nextdoor and the whisper network of communities; a two-thirds measures is tough in any kind of environment, let alone, one where cost of living is such a concern.

 

Mayor Ezzy Ashcraft inquired whether a sliding scale of the bond amount was tested.

 

Ms. Everitt responded numbers had to be picked and stuck with since it was a 20 minute survey; stated more time could be spent flushing out amounts with a narrower set of mechanisms.

 

Councilmember Herrera Spencer inquired how much money FM3 received to do the survey.

 

The Interim City Manager responded the $37,000 contract amount was approved by Council and includes the polling, analysis, summary and presentation.

 

In response to Councilmember Herrera Spencer’s inquiry regarding the questions, the Interim City Manager stated Council received a summary of all of the questions; the specific, detailed question language was not attached to the staff report.

 

Councilmember Herrera Spencer inquired whether it is possible to get a complete copy of the survey questions and responses.

 

The Interim City Manager responded it is not considered best practice; stated it is typical to summarize survey questions and provide the analysis; the document can be provide if Council desires.

 

Councilmember Herrera Spencer inquired is it public information.

 

The Interim City Manager responded staff has not published the survey in detail; it is not proprietary; standard questions were asked so it would not be a privacy issue.

 

Councilmember Herrera Spencer stated that she requested the survey at the beginning of May and did not receive it; she would like to know if the questions and answers are public information.

 

Ms. Everitt stated it can be shared, but the context provided by the consultant team is really important in interpreting the results; an opposition campaign could use the information; ultimately, the decision is up to legal counsel.

 

Councilmember Herrera Spencer stated that she would like to hear from the City Attorney.

 

The City Attorney stated the survey is not subject to attorney client privilege; in some ways, up to Council discretion; two potential Public Records Act exceptions could be used; one is a balancing test whether public interest in disclosure is outweighed by other considerations; it might also qualify for deliberative process.

 

Councilmember Herrera Spencer noted some pages have truncated questions.

 

Ms. Everitt stated that was a formatting mistake.

 

Councilmember Herrera Spencer noted demographic data was not provided.

 

Ms. Everitt responded the data was collected.

 

Councilmember Herrera Spencer stated she thinks the data should be provided.

 

Ms. Everitt noted the data includes party registration, location in the City, age, gender and other demographic information.

.

Councilmember Herrera Spencer stated that she would be interested in the demographic data being shared.

 

In response to Vice Mayor Vella’s inquiry, Ms. Everitt reviewed the infrastructure bond responses; stated the highest priorities were response times, bridge upgrades and flood prevention; some questions were regarding housing and some were general purpose.

 

In response to Councilmember Herrera Spencer’s inquiries, the Interim City Manager reviewed the survey results, revenue generation, two-thirds voting threshold and affordable housing.

 

In response to Councilmember Herrera Spencer’s inquiry, Ms. Everitt reviewed the various yes percentages needed to meet the two-third threshold. 

 

Mr. Hauser noted the percentages fall within the margin of error.

 

Councilmember Herrera Spencer stated the survey was done in February; inquired whether inflation going up would have an impact.

 

Ms. Everitt responded her conservative assumption would be that the numbers would be lower with increased concerns about cost of living.

 

The Interim City Manager stated if Council is interested in in pursuing the infrastructure bond, more detailed questions could be asked; there could be a deeper conversation with voters about infrastructure things that matter, such as sea level rise.

 

Mayor Ezzy Ashcraft discussed her library bond experience and the importance of the ballot measure giving voters what they want; expressed support for taking a deeper dive.

 

Urged Council not to move forward with the cannabis tax; discussed jobs and taxation of cannabis businesses: Steven Chow, Stiiizy Alameda.

 

Expressed opposition to the cannabis tax and business tax; stated businesses are just recovering from the pandemic; infrastructure funding is needed: Ron Mooney, Downtown Alameda Business Association.

 

Discussed his cannabis business; urged Council not to move forward with the local cannabis tax, which would be a burden to local businesses; stated there has not been any outreach to local operators: John Ngu, Embarca.

 

Outlined his cannabis company’s formation and plans to move the headquarters to Alameda; stated the proposed tax would put the plans in doubt; urged the Council to vote no on the tax proposal: Scott Palmer, Kiva Confections.

 

Stated that she took the survey and was fairly cautious in what she would and would not support because she was not sure where the information was going; the emphasis seemed to be on the funding mechanism; she is a values voter; showing things will help with sea level rise and climate change is critical; encouraged more community engagement: Jennifer Rakowski, Alameda.

 

Stated that she was priced out of Alameda; discussed the market collapse in the cannabis industry; stated the industry cannot absorb an additional tax; the tax would be paid by patients and consumers: encouraged having stakeholder lead process and a voluntary tax agreement: Nara Dahlbacka.

 

Stated agencies throughout California are currently reducing or eliminating local excise cannabis taxes, including Humboldt, Lake, Monterey and Sonoma counties and the cities of Bellflower, Berkeley, Desert Hot Springs, Long Beach, Oakland, Palm Springs, San Diego, San Francisco, San Jose and many others; the tax being proposed would only further harm the viability of cannabis businesses and drive more people to the black market; discussed his business: Aaron Kraw, Park Social.

 

Stated that he is a cannabis union worker and opposes the cannabis tax; discussed jobs being jeopardized: Zachery Gilmore, United Food and Commercial Workers Union.

 

Councilmember Knox White stated that he is very unsupportive of the cannabis tax, which would be problematic at this point in time; after the cannabis industry has matured and stabilized, some form of tax can be considered, but it probably will not be in the next five years; the research is pretty clear; there would be a negative impact on businesses; the business license tax is similar with everything businesses are going through; the Transient Occupancy Tax (TOT) is probably a little premature given that the travel industry has not rebounded in any meaningful way; the TOT could come back in a few years when the economy has shifted; he shares concerns about how razor thin the two-thirds support is for an infrastructure bond, but thinks it should be probed a little bit further; the poll found that people were concerned about traffic safety, traffic congestion, homelessness and housing costs; he hopes Council could make some kind of minimum commitment to looking at supporting replacement of Emma Hood, which is probably going to be shutting down sometime this summer or fall; he would be very open to staff coming back with alternative funding suggestions if the pool is not a good fit for an infrastructure bond.

 

Mayor Ezzy Ashcraft concurred with Councilmember Knox White; stated a measure is jeopardized if voters are not given what they say they would support; there are other ways to support Emma Hood; the public needs a better understanding of what an infrastructure bond would look like; she would like to see TOT explored; Alameda’s TOT is less than surrounding communities, including San Leandro, Oakland and Emeryville; there is no reason the City should not at least be equal to said cities.

 

Vice Mayor Vella stated that she is interested in exploring both the TOT and infrastructure bond; Alameda has huge infrastructure needs; the influx of federal funding also requires local investment; the Climate Action Resiliency Plan (CARP) and traffic safety response times need to be prioritized; the infrastructure bond has been put off for many, many years; more detailed questions should be asked; the timeline is quick; since it is the greatest need, exploring an infrastructure bond would be of interest; the bond would only cover a fraction of the overall need; she has zero interest in cannabis or business license taxes; the cannabis tax is incredibly regressive; a fledgling industry is competing against the black market; the business license tax should not be increased coming out COVID when the City had to help businesses.

 

Mayor Ezzy Ashcraft stated that she strongly opposes the cannabis tax; discussed cannabis being sold on the black market; stated it is not the time to increase the business license tax.

 

Councilmember Daysog stated when it comes to infrastructure, the issue is not a revenue problem; the problem comes down to spending priorities; in the past five years, $46 million has been spent because of the unfunded liabilities policy; all of the City’s eggs have gone into one basket with regard to excess reserves; before going after new revenues, the City needs fiscal priorities and does not deserve to ask taxpayers to shore up inadequacies; he does not see how $95 million can be figured out in two months; the wiser course of action is to spend more time researching needs; since the problem lies with prioritizing revenue, he would oppose the measure.

 

Councilmember Herrera Spencer stated that she agrees with Vice Mayor Vella in regards to cannabis; she strongly supports businesses; continued support is critical; requested the TOT information be displayed again and outlined rates; stated the average is 10.27%; Alameda is in the middle; she does not support the business license tax; she has serious concerns about an infrastructure bond; residents and the business community are struggling right now; imposing more taxes goes in the wrong direction during a high inflation period; $95 million would not stretch as far; revenue generating assets have been flipped to become expenditures, such as homes at Alameda Point being used for transitional housing and the bottle parcel not being sold; discussed high inflation; stated the City should help businesses and residents stay in town.

 

The Interim City Manager stated the budget presentation up next mentions the pension policy; discussed the unfunded accrued pension liability; stated a few years ago, there was $200 million in deferred maintenance across the City, not including Alameda Point; the commercial construction index is going up by 14% per year; deferred maintenance just gets more and more expensive; whether or not infrastructure needs should try to be tackled through a bond is a policy decision; discussed TOT rates; stated immediate neighbors are all up around 14%; there could be a phased approach or tie to economic conditions, so the increase does not hit while hotels might be struggling.

 

Councilmember Daysog stated that he brought up the TOT years ago; Union City has a range with the amount determined by the City Council. 

 

Mayor Ezzy Ashcraft inquired whether Councilmember Daysog is in favor of staff looking into the TOT.

 

Councilmember Daysog responded in the affirmative; stated it probably only results in $200,000 to $300,000, which is better than nothing; visitors pays the tax, not local residents.

 

Mayor Ezzy Ashcraft stated people pay a higher TOT in neighboring cities; it is time to address climate change; bond funds could be leveraged to get even more money; federal grants are available, but require some matching funds; she would like staff to bring back a more detailed plan for further polling on the infrastructure bond.

.

Councilmember Knox White stated that he would not necessarily want to move forward with the infrastructure bond if there are two very hard noes since four votes are required to put a bond measure on the ballot.

 

The Interim City Manager confirm the infrastructure bond requires four votes; stated other items, such as TOT, have a three vote threshold.

 

Councilmember Knox White suggested the motion be bifurcated.

 

Councilmember Knox White moved approval of exploration of a TOT tax, including direction to staff to do additional outreach to identify what hotel owners see as a potential impacts.

 

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

 

Councilmember Knox White stated that he would only move approval of giving direction to do additional exploration on the infrastructure bond if there are four votes; he does not want staff to spend time on something that would not get four votes in the future.

 

Mayor Ezzy Ashcraft stated perhaps, with additional information, some might take a different position.

.

Councilmember Knox White stated two Councilmember expressed that they ideologically have a problem with moving forward; he is a strong supporter of the infrastructure bond, but does not want to have staff spend time unless there are four votes to move forward with additional research.

 

The Interim City Manager stated if there is an openness to gathering more information, staff is willing to do the work; a significant amount of infrastructure needs to be addressed.

 

Vice Mayor Vella stated being one vote short of putting the measure before the people of Alameda is disappointing; allowing voters to make a decision is direct democracy; while Councilmembers may individually disagree philosophically, she would hope that her colleagues would put it to a vote of the people.

 

Councilmember Daysog stated his grave concern is the reserve policy that has been in place since 2017 without the vote of the people; $46 million has been spent on unfunded liabilities; the policy needs to be fixed, as well as other spending priorities.

 

Mayor Ezzy Ashcraft concurred the policy needs to be revisited, which the Interim City Manager indicated would be done; Alameda has an existential climate change threat; more information is need.

 

Councilmember Knox White stated there is a commitment to bring back and revise the reserve policy; infrastructure funding will not be fixed from said discussion; the issues are separate; addressing concerns about the reserve policy will not fix the infrastructure problem; the City will still have an unfunded infrastructure need as well; inquired whether Councilmember Daysog is open to having a conversation with staff in the next four weeks; stated the conversation would not be committing to support a measure going on the ballot, but would be to see if there might be pieces of a supportable infrastructure bond; he understands nothing will change Councilmember Spencer’s opinion.

 

Councilmember Daysog stated that he does not see how a $95 million infrastructure bond could be addressed between now and late July; educating people previously for the library bond required a lot of legwork; doing a $95 million infrastructure bond between now and August is not practical; the City should revisit the matter in 2024; for philosophical and practical reasons, he does not see it.

 

Mayor Ezzy Ashcraft inquired whether the Vice Mayor has a motion.

 

Vice Mayor Vella expressed concern about the votes not being there.

 

Mayor Ezzy Ashcraft stated there is an opportunity to inform the voters better than they were informed by the first round of polling.

 

Vice Mayor Vella stated Council colleagues have indicated it does not matter what the voters think; they do not want to put the matter to a vote of the people; discussed percentages and other measures; stated there is an opportunity to put a measure on the ballot, which is worth exploring, but the point is moot since other Councilmembers do not support putting it to a vote of the people.

 

Councilmember Daysog stated that he opposes putting a measure on the ballot because the City has the wrong reserve policy in place; a lot of money that that has gone towards pensions could have gone towards infrastructure.

.

Councilmember Herrera Spencer stated that she would have liked more survey information; the full questions and demographic data was not provided; she has serious concerns that bonds do not have opt outs for people on fixed incomes, seniors or those who are disabled, which can be done with a parcel tax.

 

Vice Mayor Vella stated unfunded liabilities need to be funded one way or another; infrastructure needs are not being met; the matter should be put to a vote of the people; climate change and sea level rise are real and are happening; emergency services response times impact lives; many Armenians live in a Federal Emergency Management Agency (FEMA) flood zone and are paying thousands of dollars extra in insurance.

 

The Interim City Manager stated the pension policy conversation came up as part of the midyear budget; a revision to the policy will be coming to Council in June; discussed the Capital Improvement Program; stated the City is trying to keep up with deferred maintenance, sea level rise, climate change and redevelopment of Alameda Point.

 

In response to Mayor Ezzy Ashcraft, Mr. Hauser stated the first step would be additional targeted polling to zero in on one specific proposal; at a two thirds level, it is really important to test the 75 word question and specific projects; the second step would be public information outreach on behalf of the City, including outlining the infrastructure needs and how a bond might be able to address the needs; additional feedback would come from a voter opinion survey of 500 residents; once a measure is placed on the ballot, the City cannot advocate for or against its passage; an independent campaign committee would have to be formed in order to advocate either for or against the measure.

 

Mayor Ezzy Ashcraft questioned whether there is a motion to go forward with additional polling.

 

Vice Mayor Vella stated she is not hearing Council colleagues are interested in a measure; she does not know if a motion will pass, but is happy to make one.

 

Vice Mayor Vella moved approval of additional polling with the intent of putting the measure through.

 

Mayor Ezzy Ashcraft seconded the motion.

 

Under discussion, Mayor Ezzy Ashcraft stated the City should give the public a little more time to be informed and bring back information.

 

Councilmember Knox White stated that he does not think the consultant should be asked to go and do polling; it is not about finding out what happens when voters are educated; he will not support the motion; the City has a lot of work to do; he does not support directing staff to go do additional work with consultants and spend funding on consultants for an item that has no path to actual enactment.

 

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

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 8:02 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -MAY 10, 2022- -6:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 8:20 p.m. 

 

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

 

Absent: None.

 

WORKSHOP

 

(22-   ) Budget Workshop for Fiscal Year 2022-23 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 2022.

 

The Principal Financial Analyst gave a Power Point presentation.

 

The Interim City Manager responded to Councilmember Herrera Spencer’s inquiry regarding the Librarian position.

 

Expressed support for reliable broadband on the Island; suggested that Council consider expanding the pilot program in the Library with any remaining funding from the federal government: Karen Butter, Friends of the Alameda Library.

 

Discussed racial equity, people struggling to pay a parking ticket or overdue library fines, the Police Lieutenant position and the CARE Team; expressed support for the budget changes: Jennifer Rakowski, Alameda.

 

In response to Mayor Ezzy Ashcraft’s inquiry, the Library Director discussed the Library not collecting fines.

 

The Interim City Manager suggested Council approve the following budget proposals: Finance, Human Resources, Library, Information Technology, Planning Building and Transportation, and City Clerk.

 

Councilmember Knox White moved approval of the Interim City Manager’s suggestion.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Councilmembers Daysog and Herrera Spencer made brief comments expressed opposition.

 

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

 

The City Attorney’s budget was reviewed.

 

Councilmember Knox White moved approval of the City Attorney budget proposal.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, the City Attorney responded to Councilmember Herrera Spencer’s inquiries regarding the Prosecutor position and unit.

 

Councilmember Daysog made comments expressing his support.

 

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

 

Councilmember Knox White moved approval of the City Manager budget proposal.

 

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

 

Councilmember Knox White moved approval of the Community Development budget proposal.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, the Interim City Manager and Community Development Director responded to Councilmember Herrera Spencer’s inquiry regarding the Program Manager position.

 

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

 

Councilmember Knox White moved approval of the Fire budget proposal.

 

Councilmember Daysog seconded the motion.

 

Under discussion, the Interim City Manager and Finance Director responded to Councilmember Herrera Spencer’s inquiry regarding the Fireboat.

 

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

 

The Interim City Manager and Police Chief made brief comments on the Police Department budget. 

 

Councilmember Knox White moved approval of the Police budget proposal.

 

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

 

The Public Works Director made brief comments regarding the Public Works Budget.

 

Councilmember Knox White moved approval of the Public Works budget proposal.

 

Councilmember Daysog seconded the motion.

 

Under discussion, the Interim City Manager responded to Councilmember Herrera Spencer’s inquiry regarding parking garage and Councilmember Herrera Spencer requested information.

 

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

 

Councilmember Knox White moved approval of the Recreation and Parks proposal with direction for staff to come back in June with a solution for Emma Hood.

 

Councilmember Daysog seconded the motion.

 

Under discussion, Councilmember Herrera Spencer expressed interest in directing staff to look at its own pool, Council discussed the funding amount and the motion was discussed.

 

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

 

Councilmember Herrera Spencer moved approval of staff returning to Council with information on a City pool.

 

Councilmember Daysog seconded the motion.

 

Under discussion, the Recreation and Parks Director noted the matter would return in July and Council discussed the matter. 

 

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

 

The Interim City Manager made brief comments regarding interdepartmental changes.

 

Councilmember Knox White moved approval of the interdepartmental changes.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, the Interim City Manager outlined the changes in response to Councilmember Herrera Spencer’s and Daysog’s inquiries.

 

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

 

Councilmember Knox White moved approval of the workforce changes.

 

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

 

The Interim City Manager discussed the options to balance the General Fund budget.

 

Councilmember Knox White moved approval of the using funds that would have been set aside for pension.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, the Interim City Manager responded to Councilmember Daysog’s inquiry and the pension reserve transfer policy and specific amount was discussed. 

 

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

 

ORAL COMMUNICATIONS, NON-AGENDA

 

None.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 10:14 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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MINUTES OF THE SPECIAL CITY COUNCIL MEETING

TUESDAY- -MAY 17, 2022- -5:15 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 5:16 p.m.

 

Roll Call - Present: Councilmembers Herrera Spencer, Knox White, and Mayor Ezzy Ashcraft - 4. [Note: Councilmember Daysog was absent. The meeting was held via Zoom.]

 

Absent: None.

 

Consent Calendar

 

Councilmember Knox White moved approval of the Consent Calendar.

 

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

 

(22-   ) Recommendation to Approve Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, and Nanette Mocanu, Assistant Community Development Director, as Real Property Negotiators for 950 West Tower Avenue, Alameda, CA.  Accepted.

 

The meeting was adjourned to Closed Session to consider:

 

(22-   ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: 950 West Tower Avenue (Building 39, Alameda Point, Alameda, CA; City Negotiators: Community Development Director Lisa Maxwell, Assistant Community Development Director Nanette Mocanu, and Assistant City Attorney Len Aslanian.

 

(22-__) Conference with Labor Negotiators (Government Code Section 54957.6); City Negotiators: Nancy Bronstein, Human Resources Director, Nico Procos, General Manager Alameda Municipal Power, Jessica Romeo, Human Resources Manager, and Steve Woo, Senior Human Resources Analyst; Employee Organizations: Alameda City Employees Association (ACEA), Management and Confidential Employees Association (MCEA), Electric Utility Professionals Association (EUPA), International Brotherhood of Electrical Workers (IBEW), Alameda Police Officers Non-Sworn (PANS), Alameda Municipal Power Unrepresented Employees (AMPU), Alameda Police Management Association (APMA); Under Negotiation: Salaries, Employee Benefits and Terms of Employment.

 

(22-__) Public Employee Appointment/Hiring (Pursuant to Government Code Section 54957); Title/Description of Positions to be Filled: City Manager.

 

Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding the Labor Negotiators, staff provided information and Council provided direction by the following roll call vote: Councilmembers Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. [Absent: Councilmember Daysog - 1.]; regarding Property Negotiators, staff provided information and Council provided direction by the following Councilmembers Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. [Absent: Councilmember Daysog - 1]; regarding Employee Appointment/Hiring, staff provided information and Council provided direction, including forming a subcommittee of Mayor Ezzy Ashcraft and Vide Mayor Vella with no vote taken.

 

Adjournment

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:00 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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

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MINUTES OF THE REGULAR CITY COUNCIL MEETING

TUESDAY- MAY 17, 2022- -7:00 P.M.

 

Mayor Ezzy Ashcraft convened the meeting at 7:06 p.m. 

 

ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft - 5. [Note:  Vice Mayor Vella arrived at 7:18 p.m.  The meeting was conducted via Zoom.]

 

Absent: None.

 

AGENDA CHANGES

 

(22-                     ) Mayor Ezzy Ashcraft announced that City Manager Communications would be heard next. 

 

CITY MANAGER COMMUNICATIONS

 

(22-                     ) The Interim City Manager discussed the Fourth of July parade and pre-parade 5K benefitting the Midway Shelter; announced new parking enforcement service starting on May 23 and National Public Works Week; noted the COVID-19 case numbers are increasing; urged people to wear high quality masks; expressed his appreciation for the ability to serve Alameda. 

 

PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS

 

(22-                     ) Proclamation Declaring May 2022 as Jewish American Heritage Month.

 

Mayor Ezzy Ashcraft read the proclamation.

 

ORAL COMMUNICATIONS, NON-AGENDA

 

(22-                     ) Paul Foreman, Alameda, expressed concerns over the draft Housing Element (HE) document; discussed Assembly Bill (AB) 215’s requirement for Council consideration of all public comment before submission of the draft HE.

 

(22-                     ) Zac Bowling, Alameda, expressed support for the HE work being done.

 

CONSENT CALENDAR

 

Expressed concern about the proposed Interim City Manager: Erin Fraser, Alameda.

 

Expressed concern about the proposed Interim City Manager: Marilyn Rothman, Alameda.

 

The Human Resources director stated the comments were not identified during background process.

 

Mayor Ezzy Ashcraft inquired whether anyone from the public reached out with concerns, to which the Human Resources Director responded in the negative.

 

Councilmember Herrera Spencer recorded a no vote on the teleconference findings [paragraph no. 22-   ] and the resolution continuing the emergency declaration [paragraph no. 22-   ] and requested the Interim City Manager contract [paragraph no. 22-   ], homeless housing assistance and prevention grant [paragraph no. 22-   ] and Metropolitan Transportation Commission [paragraph no. 22-   ].

 

Councilmember Knox White moved approval of the remainder of the Consent Calendar.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Councilmember Daysog recorded a no vote on the teleconference findings.

 

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

 

(*22-                     ) Minutes of the Special City Council Meeting and the Continued April 5, 2022 Meeting Held on April 12, 2022, and the Special and Regular City Council Meetings Held on April 19, 2022. Approved.

 

(*22-                     ) Ratified bills in the amount of $4,647,168.48.

 

(*22-                     ) Recommendation to Approve Findings to Allow City Meetings to be Conducted via Teleconference. 

 

Note: Since Councilmembers Daysog and Herrera Spencer recorded note votes, the matter carried by the following vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3.  Noes: 2.

 

(22-                     ) Recommendation to Approve Agreement Appointing Dirk Brazil as Interim City Manager for a Term of No More Than 960 Hours in a Fiscal Year at a Salary of $133.85 Hourly, Commencing on May 23, 2022, and Authorize the Mayor to Sign the Agreement on Behalf of the City.

 

The City Attorney briefly announced and summarized the terms and employment agreement.

 

Councilmember Herrera Spencer stated that she would like guidance on appropriate public discussion topics.

 

The City Attorney stated Council is able to speak about anything which is not confidential closed session material; anything received solely through closed session remains confidential; anything within public record, comments raised or staff report is permissible to discuss.

 

Councilmember Herrera Spencer inquired whether it is permissible to allow the proposed Interim City Manager to respond to Council publically.

 

The City Attorney responded Council may ask the candidate to respond to questions; stated the responses are voluntary and the candidate does not have to respond.

 

Councilmember Daysog stated his vote on the matter does not reflect the candidate; the City should have had a number of candidates and more time should be spent on finding more candidates; expressed concern over the process.

 

Councilmember Knox White stated that he is uncomfortable with starting a dialogue with the proposed Interim City Manager in a public forum; allegations have been brought forth which have not yet been a part of any discussion; expressed support for the proposed Interim City Manager being able to address the issue which has been raised; stated that it is unfair to ask open up an additional discussion with the candidate.

 

Mayor Ezzy Ashcraft concurred with Councilmember Knox White; stated that she finds it troubling for individuals to come forward with unsubstantiated allegations; expressed support for allowing an opportunity to address allegations.

 

To allow time, Council addressed other pulled Consent Calendar items.

 

(*22-                     ) Recommendation to Authorize the Interim City Manager to Accept the Work of G & G Builders, Inc. for Godfrey Park Recreation Building Renovations, No. P.W. 02-21-08.  Accepted.

 

(*22-                     ) Recommendation to Authorize the Interim City Manager to Accept the Work of G & G Builders, Inc. for the Maintenance Service Center Interior Improvements, No. P.W. 02-21-10.  Accepted.

 

(*22-                     ) Recommendation to Authorize the Interim City Manager to Partially Accept the Improvements Completed by Alameda Point Partners for Tract 8336, Site A, Phase 1, at Alameda Point.  Accepted.

 

(*22-                     ) Recommendation to Authorize the Interim City Manager to Execute an Agreement with Suarez & Munoz Construction Inc. for Alameda City Hall Lawn Conversion, Project No. P.W. 02-22-05, for a Not to Exceed Amount of $204,445.  Accepted.

 

(*22-                     ) Resolution No. 15904, “Preliminarily Approving the Annual Report Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 21, 2022 - Maintenance Assessment District 01-01 (Marina Cove).” Adopted.

 

(*22-                     ) Resolution No. 15905, “Preliminarily Approving the Annual Report Declaring the City of Alameda's Intention to Order the Levy and Collection of Assessments and Providing for Notice of Public Hearing on June 21, 2022 - Island City Landscaping and Lighting District 84-2 (Various Locations).” Adopted.

 

(*22-                     ) Resolution No. 15906, “Continuing the Declaration of the Existence of a Local Emergency in Response to the COVID-19 Pandemic, Consistent with Government Code Section 8630(c).” Adopted.

 

Note: Since Councilmember Herrera Spencer recorded a no vote, the motion carried by the following vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.

 

(22-                     ) Recommendation to Authorize the Interim City Manager to Execute a $285,767 Grant Agreement with Alameda County for Homeless Housing Assistance and Prevention Grant, and Authorize the City Manager, in the Future, to Extend the Term of the Contract up to December 31, 2023; and

 

(22-                     A) Resolution No. 15907, “Amending the Grants Fund (222) Budget to Appropriate $285,767 for the Homeless Housing Assistance and Prevention Grant Project.” Adopted.

 

The Economic Development made brief comments.

 

Councilmember Herrera Spencer stated some of the funds requested were not approved; the County has not approved using funds to support outreach, mental health support or flexible funds; inquired how much funding is needed or whether alternate funding can be allocated.

 

The Economic Development Manager responded $50,000 is for the flexible funds; stated $85,000 is for the mental health funds; staff has put all funding towards the overnight day center; staff is able to house the unhoused for a longer period of time.

 

Councilmember Herrera Spencer stated the City could consider alternate funding for the programs; inquired the cost for outreach.

 

The Economic Development Director responded the $50,000 for flexible funds includes outreach.

 

Mayor Ezzy Ashcraft inquired whether the discussion remains within the agendized parameters.

 

The City Attorney responded that he believes Councilmember Herrera Spencer is trying to establish whether or not the grant should move forward; stated
the wisdom of the underlying action is not being debated; members of Council may ask questions in order to understand whether or not a grant should be pursued.

 

Mayor Ezzy Ashcraft inquired whether Council is not currently directing staff to explore other funding opportunities, to which the Economic Development Manager responded in the affirmative.

 

Councilmember Herrera Spencer stated her inquiry appropriately falls under the grant; discussed using parking spaces for the overnight day center; inquired how many parking spaces are being used.

 

The Economic Development Manager responded that she does not have the exact count; stated there are only few remaining spaces not being used at the day center when she last checked; the count is up from the past.

 

Councilmember Herrera Spencer stated the spaces were not being fully utilized in the past; expressed support for the increase in count.

 

Councilmember Knox White moved approval of the staff recommendation [including adoption of the resolution].

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Councilmember Daysog stated that he voted against the matter in 2019; he is willing to be flexible and will support the matter; however, putting people in cars is not the best idea; if the City combats homelessness, available funding should be used to find shelter.

 

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

 

(22-                     ) Resolution No. 15908, “Authorizing the Interim City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of $126,618 in Fiscal Year 2022-23 for Two Grand Street Transportation Safety Projects per Transportation Development Act Article 3 for Pedestrian/Bicycle Project Funding, and to Execute All Necessary Documents.” Adopted.

 

The Senior Transportation Coordinator gave a brief presentation.

 

Councilmember Herrera Spencer stated the matter includes two projects; the Grand Street bicycle and pedestrian safety improvements have not come to Council for approval yet; inquired whether the matter will be heard by the Transportation Commission later in May.

 

The Senior Transportation Coordinator responded in the affirmative; stated there have been two public workshops on the project.

 

Councilmember Herrera Spencer stated the funds will be flexible to meet needs; inquired whether other approved projects could have been submitted.

 

The Senior Transportation Coordinator responded staff considered other projects; stated the scope has expanded as the project has moved forward; originally, the project was solely for paving; rectangular flashing beacons have been added.

 

Councilmember Herrera Spencer stated that she is happy to support the first project, but not the second project until it has been approved.

 

Councilmember Herrera Spencer moved approval of bifurcating the two projects to allow her to support the first project.

 

Councilmember Knox White made a substitute motion to approve the staff recommendation [including adoption of the resolution].

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Mayor Ezzy Ashcraft inquired whether Councilmember Herrera Spencer’s motion is to bifurcate the vote, to which Councilmember Herrera Spencer responded in the affirmative.

 

Councilmember Daysog seconded Councilmember Herrera Spencer’s motion to bifurcate the vote.

 

On the call for the question, Councilmember Herrera Spencer’s motion failed by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: No; Vella: No; and Mayor Ezzy Ashcraft: No. Ayes: 2. Noes: 3.

 

Councilmember Knox White moved approval of the staff recommendation [including adoption of the resolution].

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Councilmember Daysog stated there is virtue in understanding the plan; it is possible that the Shoreline Drive project will be fine; however, it is good to know the details and understand the public first; noted that he will abstain from the vote.

 

Mayor Ezzy Ashcraft stated that she feels Council will have ample time to weigh in on the two proposed projects; expressed support for the proposed motion.

 

Councilmember Herrera Spencer stated the second project could be changed entirely; inquired whether the motion is to fund the Grand Street bicycle project.

 

The Senior Transportation Coordinator responded in the affirmative; stated approval would go towards the $2.5 million that has already been allocated to the project; the project has an $827,000 grant from the Metropolitan Transportation Commission (MTC) as well as local paving funds; approval will supplement the project.

 

Councilmember Herrera Spencer inquired whether there is a reason the project could not have been brought to Council after being approved by the Planning Board.

 

The Senior Transportation Coordinator responded the grant application must be submitted to the County in June prior to the next Council meeting.

 

Councilmember Herrera Spencer stated that she will not support the motion; expressed concern about the motion not being bifurcated.

 

On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Abstain; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 1. Abstentions: 1. 

 

(22-                     CONTINUED) Recommendation to Approve Agreement Appointing Dirk Brazil as Interim City Manager for a Term of No More Than 960 Hours in a Fiscal Year at a Salary of $133.85 Hourly, Commencing on May 23, 2022, and Authorize the Mayor to Sign the Agreement on Behalf of the City.

 

Mayor Ezzy Ashcraft requested clarification about the statements made during public comment.

 

Dirk Brazil discussed an incident at an annual Picnic Day; stated undercover Officers pulled over individuals in a van; a confrontation occurred causing people to leave the scene; an investigator was hired; shortly after the investigator’s hiring, reports about concerning comments arose; the contract was severed with the investigator; McGregor Scott was hired to take over the investigation; the result of the investigative report was the creation of a larger, more robust Police Oversight Operation, Auditor and Commission; the switch was made quickly once concerns arose.

 

In response to Councilmember Knox White’s inquiry, Mr. Brazil stated the City of Davis has an excellent Police Chief; he relied on the Police Chief in selecting the initial investigator.

 

Vice Mayor Vella inquired whether changing course would be a problem if an issue or cause for concern is raised.

 

Mr. Brazil responded in the negative; stated the investigator had been recommended by the Police Chief who is still working with the City of Davis and is highly respected; the recommendation was the wrong call.

 

Vice Mayor Vella inquired whether the hiring would have still occurred if the concerning comments had been known.

 

Mr. Brazil responded in the negative; stated the field is specialized; he relied on law enforcement for recommendations; staff quickly figured the recommendation was not proper; staff brought in a credible replacement to produce the report.

 

Mayor Ezzy Ashcraft expressed concern about the allegations being made; expressed support for the clarification provided.

 

Councilmember Herrera Spencer stated that she does not plan to support the matter; expressed support for the public comments.

 

Councilmember Knox White discussed a link to an op-ed being shared with select Councilmembers; stated mistakes made were quickly identified and corrected.

 

Councilmember Knox White moved approval of the contract as presented.

 

Vice Mayor Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.

 

(*22-                     ) Ordinance No. 3321, Concerning Rent Control and Limitations on Evictions Applicable to Maritime Residential Tenancies including Floating Homes. Finally passed.

 

CONTINUED AGENDA ITEMS

 

None.

 

REGULAR AGENDA ITEMS

 

(22-                     ) Recommendation to Approve Proposed Term Sheet for Development of Alameda Point Site A and Direct Staff to Negotiate a Sixth Amendment to the Disposition and Development Agreement with Alameda Point Partners (APP) Based Substantially on the Term Sheet, as well as Directing Staff to Negotiate Amendments to Ancillary Project Agreements.

 

The Community Development Director gave a Power Point presentation.

 

Councilmember Knox White stated the plan proposes a significant increase in the number of townhomes; inquired the percentage of units, which are visitability and universal design compliant.

 

The Planning Building and Transportation Director responded staff has been discussing the plan with APP; stated City ordinances require 30% of every project to have universally designed units where someone with a disability could live; 100% of the units must be visitable where someone with disabilities can comfortably visit the units; City ordinances recognize the requirement and establishes a process by which Council and the City can grant waivers; townhomes are particularly difficult and are a product type that does not lend itself to universal design or visitability due to the amount of stairs; there are ways to modify townhome units to meet the visitability standard; Site A has a lot of multi-family housing that is elevator served and is doing well with universal design standards; APP will be able to meet and exceed the universal design standard by 100%; Site A has almost doubled the requirement for universal design; the visitability standard has been a problem for every project with a large number of townhomes; APP believes a 70% compliance rate can be reached by modifying the townhome design; Council may choose to include terms in the Development and Disposition Agreement (DDA).

 

Councilmember Herrera Spencer inquired how Council will know the affordable housing will be built; and whether the cost for affordable housing is significantly higher than $50,000.

 

The Community Development Director responded one of the milestone schedule requires is that the affordable housing provider has to be identified fairly early in the planning process; the provider will be able to work with the development partner to plan for the affordable housing project; $50,000 will be paid by APP incrementally throughout the project and will not be paid as a lump sum; the incremental payments help assure investment in the affordable housing project; the provider will be in a position to apply for and raise funding; the $50,000 provides great assistance.

 

Councilmember Herrera Spencer inquired the cost per unit.

 

The Planning, Building and Transportation Director responded the cost varies from site to site; stated the affordable units are part of land and infrastructure that had been provided for free; the developer is providing a finished pad; the site has many advantages; discussed a housing project near Eagle Avenue and Everett Street with separate buildings and lower density with a higher cost per unit; stated building the units cost $900,000 each.

 

The Community Development Director stated the Eden Housing project cost was approximately $700,000 per unit.

 

Councilmember Herrera Spencer stated the City previously tethered the affordable housing units to ensure affordable units were built before market rate units; inquired whether Site A was the first project to untether the affordable housing units from the market rate units, to which the Community Development Director responded in the affirmative.

 

David Doezema, Keyser Marston Associates, stated the $700,000 per unit cost is a good number; a portion of the cost would be paid by the project’s operating income; the cost does not necessarily need to be covered by a subsidy source; rents can cover some of the costs for amortizing a mortgage; tax credits are generally able to help offset a portion of the costs; the cost gap can be reduced to roughly $300,000.

 

Councilmember Herrera Spencer stated except for the affordable housing, the units being built are not rentals; the market rate units are for sale; inquired about the rental income.

 

The Community Development Director responded a final determination has not yet been made; stated the units for sale and for rent will be established by the market condition at the time the units come online; the developer is committed to putting a condominium map on every parcel to allow for either option; a final determination will be made as the market shows itself.

 

Councilmember Herrera Spencer stated the determination contradicts an earlier meeting held with staff; rentals would be provided for affordable housing units and market rate units would be available for purchase.

 

The Community Development Director stated that she was referring to the market rate units; the affordable housing units are planned to be for rent.

 

Councilmember Herrera Spencer inquired whether all market rate units will be for sale and not for rent, to which the Community Development Director responded in the affirmative.

 

Councilmember Herrera Spencer stated the plan could change; discussed rental income from affordable housing; inquired the financial guarantee for the affordable housing to be built.

 

The Community Development Director responded there is not a guarantee; stated the terms set a pot of money to supplement associated costs; Phase 1 project has the affordable housing on Block 8 come online first; an experienced developer will be selected with enough time to secure funds; the free land and $50,000 will provide enough to get the project started.

 

Councilmember Herrera Spencer inquired whether there is a reason the proceeds from the market rate units will not be put into a trust that can be used for affordable housing.

 

The Project Manager stated the developer contributed approximately $30,000 per unit for the first phase; $50,000 per unit is an increase from past contributions; the expectation is the construction of affordable housing units will not be fully funded; the contribution helps the affordable housing developer secure future financing in the form of tax credits.

 

The Community Development Director responded the proceeds from market rate being put into a trust would create an impractical environment to proceed with the balance of development; stated funds will need to flow out of the project to the developer as the project moves forward.

 

Councilmember Herrera Spencer inquired whether a contribution of more than $50,000 per unit has been considered; stated the City used to require affordable housing units to be built before any market rate units could be sold; she is surprised that the City is not recommending money to be set aside or another form of guarantee.

 

The Planning, Building and Transportation Director stated Alameda Point is different from the rest of the City; Alameda Point has a 25% affordable housing requirement, the rest of the City has a 15% requirement; projects are structured differently between Alameda Point and the rest of the City; the City is the property owner and project partner at Alameda Point; staff is satisfied and believes the project will work for the reasons outlined by the Project Manager; staff has successfully built 128 units of affordable housing with the partner and a lower subsidy per unit; staff is confident the City has been set up to meet the 25% affordable housing requirement; APP will not be building the affordable housing units; an affordable housing developer will be brought in to partner with the City and APP to build the affordable housing; the term sheet has a high likelihood of success; the 25% affordable housing units is a City requirement; staff cannot guarantee the success; however, the term sheet puts the City in the best possible position to meet the requirement.

 

Councilmember Herrera Spencer inquired why the City does not put money from the sale of market rate units into a trust until the affordable housing units are built; expressed support for covering 15%.

 

The Planning, Building and Transportation Director responded the investors for the project need to invest millions of dollars to make the project move forward and build infrastructure to prepare the property for vertical developers; investors need to have a return; if the City requires a trust, the project will no longer be financially viable.

 

Councilmember Herrera Spencer inquired whether for sale units might end up being rentals.

 

The Community Development Director responded the determination has not yet been made; stated a mix of market rate and affordable housing units is the current plan; the developer could reconsider if there is a dramatic shift in the market.

 

Councilmember Herrera Spencer inquired whether the for sale market rate units could end up being market rate units for rent.

 

The Community Development Director responded that the approach is not the current plan.

 

Councilmember Herrera Spencer stated the matter provides a sixth amendment to the DDA; inquired the reason the developer has been unable to perform the prior amendments.

 

Karen Tiedemann, Goldfarb and Lipman, responded it is not accurate to state the developer has been unable to perform the various amendments; stated the developer has performed on most of the amendments; previous amendments revised the agreement, but have not released the developer from obligations; the fourth and fifth amendments related to affordable housing and timing; the amendments related to performance of obligations and schedules needed to be revised; a project of significant size and multi-phases typically has a variety of amendments; changes occur over time, many things cannot be predicted and adjustments must be made.

 

Councilmember Herrera Spencer stated inflation is at a current 40-year high; inquired how the high inflation rates will impact the ability to complete the project and perform the sixth amendment.

 

Mr. Doezema responded inflation is not a favorable factor and does not help the project; inflation can drive interest rates up placing downward pressure on sales prices; the project is feasible at this time; a guarantee cannot be made about changes to future conditions.

 

Councilmember Herrera Spencer inquired why staff is not recommending tethering the affordable housing units to market rate units.

 

Mr. Doezema responded staff pursued the concept with the developer and was met with strong concerns; stated tethering the units would result in the inability to finance the project; the developer is investing millions into infrastructure; tethering the affordable housing to an uncontrollable aspect would prevent financing of the larger project due to unpredictability.

 

The Interim City Manager requested staff to expand on the complications associated with financing affordable housing projects and tethering concepts.

 

Mr. Doezema stated getting funding for affordable housing projects is a process; tax credits must be obtained; there are different layers of funding from the County, State or other opportunities; time is needed to make the project work.

 

The Interim City Manager stated the market is competitive; many projects in different jurisdictions are competing for the same affordable housing funding; the competitiveness adds to the uncertainty; projects must be competitive; affordable housing is tricky; tethering in the current environment becomes challenging; staff is recommending the amendment since seeding the project with $50,000 will allow the affordable housing developer to move forward.

 

The Project Manager stated the goal is to have the developer identify a potential affordable housing developer to work with and begin the process of finding affordable housing project funding.

 

Councilmember Herrera Spencer stated the current market rate housing units for purchase are up to 3,300 square feet; expensive monthly rentals exist; inquired whether market rate prices are similar and the proposed square footage.

 

The Community Development responded APP indicated the current proposal is in the 1,900 to 2,200 square foot range; 2,200 square foot units would be the universal design townhomes.

 

Councilmember Herrera Spencer inquired if staff has an idea of the purchase price.

 

The Community Development Director responded in the negative; stated the price will vary based on the unit’s finishes and details; the price will be available later in the planning.

 

Mr. Doezema stated although it is not a figure from the developer, the average cost of townhomes in the area is $1 to $1.4 million.

 

Councilmember Daysog requested clarification of Phase 1B; stated the City is planning to build an additional 199 housing units; inquired the original land use that is being replaced with housing and the community facility; noted the community facility sounds exciting.

 

The Community Development Director responded APP will complete the infrastructure and development pad for the community facility; stated staff will put out a request for proposals (RFP) to make a determination of what will be placed on the pad.

 

The Planning, Building and Transportation Director stated that he does not have the exact numbers; Block 10 is being proposed for residential and is currently planned for three existing, small, Navy buildings to be adaptively reused for commercial space with the construction of a fourth building to be used for commercial; the four buildings add up to less than 100,000 square feet; the plan has become a non-viable option; Phase 2 has approximately 400,000 square feet of adaptive reuse for commercial purposes in existing warehouses; a 2018 amendment included the remaining commercial and 128 housing units; the amendment replaced commercial with housing to support the Housing Element.

 

Stated that he is proud of the work the APP team has achieved; the partnership with the City has achieved progress around a comprehensive scope and $90 million investment; a lot has been delivered to-date; decisions for the proposal are critical to maintain momentum and complete Site A: Joe Ernst, APP.

 

Stated Eden Housing has worked with APP to deliver the Starling and Corsair flats; many units are rented at affordable rates; expressed support for the proposed term sheet; stated Eden Housing considers APP a great partner; urged Council approve the term sheet: Louis Liss, Eden Housing.

 

Stated that he has championed a performing arts center at Alameda Point for many years; expressed support for the new phase of the project and the performing arts center; stated putting in the infrastructure will help; discussed parking and traffic concerns: Christopher Seiwald, Alameda.

 

Stated MidPen Housing is working with partners to expand existing supportive housing at Alameda Point; expressed support for Council approving the proposed term sheet: Sarah McIntire, MidPen Housing.

 

Expressed support for the amended term sheet; stated the additional units will be vital for Alameda to meet the Regional Housing Needs Allocation (RHNA); discussed access to new transit; expressed concern over the maximum amount of parking spaces; discussed impacts on low-income residents: Zac Bowling, East Bay YIMBY.

 

Discussed difficulties hosting the first Animate Dance Festival (ADF) event; stated the recent ADF event was fantastic and successful due to infrastructure and density brought by construction; supporting the project continues the development and potential for performing arts: Tara Pilbrow, West End Arts District.

 

Urged Council to approve the term sheet; stated that she has been working towards a performing arts center in the area; a performing arts center would serve as an important entertainment anchor; expressed support for increasing the density of the area: Rachel Campos de Ivanov, Alameda.

 

Urged Council to approve the development plan and term sheet for Site A in order to continue redevelopment; stated APP is the right developer for Alameda Point and have installed critical infrastructure to allow future development; development at Alameda Point is challenging; APP understands the challenges and constraints of Alameda Point: Karen Bey, Alameda.

 

Stated there is dire need for housing at the low-income level; urged Council to support the project; expressed concern about the term sheet containing a waiver of universal design without consultation from the Commission on Persons with Disabilities as required; stated Council is making decisions for persons with disabilities without consulting the Commission on Persons with Disabilities: Beth Kenny, Commission on Persons with Disabilities.

 

Stated housing is a tremendous need in the community for employers and employees; urged Council to support the Site A project and approve the term sheet: Madlen Saddik, Chamber of Commerce.

 

Expressed support for the Phase 1B and Phase 2 proposals; stated the work has been impressive; the proposed phases will build on the success to-date and infrastructure will be expanded; the affordable housing requirements across the site will be met; noted the units will aid the City’s RHNA; urged Council to approve the term sheet: Bill Pai, Alameda.

 

Stated the developments made to-date have provided a vastly improved quality of life for Alameda Point residents; expressed support for Waterfront Park being a resource for refugees; discussed access to transportation and parks; stated infrastructure remains the biggest threat; expressed support for the completion of West Tower Avenue infrastructure: Doug Biggs, Alameda Point Collaborative.

 

Expressed support for the proposal and for keeping momentum; stated the proposed housing units are key to the City meeting its RHNA numbers; urged Council to move ahead with the proposal: Drew Dara-Abrams, Alameda.

 

Stated approving Site A is important for positive economic growth; urged Council to approve the proposal for Site A; discussed infrastructure further supporting master developments; expressed support for continuing the reuse of Alameda Point: Joann Guitarte, Café Jolie, Alameda.

 

In response to Mayor Ezzy Ashcraft’s inquiry about universal design, the Planning, Building and Transportation Director stated the matter relates to a term sheet which sets forth the basic parameters upon which the City will negotiate a final DDA; the DDA will come before Council for approval at a later date; staff is laying out a road map; staff understands the project will require waivers; it is important to bring the discussion early and create awareness; the project will need to go to the Commission on Persons with Disabilities for input prior to staff returning to Council for any final approvals; if Council moves forward with the term sheet, staff will have a lot of work to do with APP to negotiate the final DDA amendments; before returning to Council, staff will meet with both the Planning Board and the Commission on Persons with Disabilities.

 

***

Mayor Ezzy Ashcraft called a recess at 9:14 p.m. and reconvened the meeting at 9:27 p.m.

***

 

Councilmember Knox White stated the journey has been long and arduous; he hopes the term sheet will include a commitment for universal design and visitability; expressed support for the commitment being developed with input from the Commission on Persons with Disabilities; stated that he supports the comments provided by Ms. Tiedemann related to the project amendments; expressed support for the matter moving forward.

 

Councilmember Daysog discussed Jimmy Doolittle and Pearl Harbor; stated that he is convinced that the accomplishments at Alameda Point and Site A proudly protect the military past of the former Alameda Naval Air Station (NAS); the amended project continues to honor the military past and helps to build inclusive neighborhoods; some of the proposed sites would be job generating commercial space; the City will need to remain flexible; the City is receiving a commitment to help with the community facility; expressed support for the community facility being a performing arts center and for people enjoying the area; stated the City is fulfilling the objectives of the former NAS Alameda; expressed support for the matter; stated staff has worked through details to provide a good deal for Alameda. 

 

Councilmember Knox White moved approval of the staff recommendation.

 

Councilmember Daysog seconded the motion.

 

Under discussion, Vice Mayor Vella stated the City has worked hard to get where it is today; the City has gone through several renditions of the DDA and has had to amend it over the years in order to adjust to changing conditions and the market; expressed support for the work that has brought the project to its current state; stated that she will be supporting the matter.

 

Councilmember Herrera Spencer stated that she supported the project in 2015; expressed concern about the project building units for the middle class to purchase; stated the possibility continues not to occur; affordable housing units being offered are rentals, not for purchase; housing units for sale are very expensive; homes will cost over $1 million and will not provide housing for the middle; discussed the cost of rental units at Alameda Point; stated inflation is the highest it has been in 40 years; Council is being asked to trust that staff will confirm affordable housing units will be built since the units are not being tethered to market rate or requiring a financial investment; the approach is wrong; expressed concern about aspects of the project; stated members of the armed forces will not be able to afford the housing units; the middle class will not be able to rent or purchase at Alameda Point; affordability is a problem; the City needs to offer housing for the middle to purchase; expressed concern about the units lacking rent control; stated rents will increase; the City continues to leave the middle behind, which is a problem; expressed support for a public arts center; stated the matter is related to finding ways to house the middle; she will not continue to support the matter.

 

Mayor Ezzy Ashcraft discussed the former Alameda NAS being active, operating military base; stated people who were not active military did not visit the base; Alameda Point did not feel like a part of the rest of the City; an important part of redeveloping Alameda Point is making it a place that seamlessly feels like a part of Alameda; the opening of Waterfront Park joined hundreds of Alameda residents at a place with potential; the City has been able to accomplish so much; discussed the ribbon cutting for Corsair Flats and Starling; stated APP has worked with the City to accomplish so much; she has every faith APP will move forward and reach the finish line; discussed a meeting with the Veterans Administration (VA) related to the Alameda Columbarium; stated that she has been able to share the developments at Alameda Point and the progress made to help veterans; the stakes are high; the City would lose much if it does not move forward in keeping the project alive; changes to conditions and demands are occurring; projects must adapt; expressed support for the project.

 

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

 

(22-                     ) Recommendation to Provide Direction on a Proposal to Develop a Guaranteed Basic Income Pilot Program; and

 

(22-                     A) Resolution No. 15909, “Appropriate $4,600,000 of American Rescue Plan Act of 2021 Funds for a Guaranteed Basic Income Pilot Program.”  Adopted.

 

The Development Managers gave a Power Point Presentation. 

 

Councilmember Herrera Spencer stated the recommendation is to serve 150 low income households; inquired how many low income households exist in Alameda.

 

The Development Manager responded the amount depends on the definition of low income; stated staff has performed preliminary estimates based on median area income; the amount is considerable.

 

Mayor Ezzy Ashcraft stated that she would like a range of information provided in order to define low income.

 

The Development Manager stated that he does not currently have the numbers, but can provide them after public comment.

 

Urged enactment of a pilot Guaranteed Basic Income (GBI) program; stated pilot program test groups of single mothers with school aged children have been performed elsewhere: Marilyn Rothman, Alameda.

 

Expressed support for the proposed program; stated GBI is an important step in a transition the City can make towards justice and meeting basic needs; GBI ensures the City makes a commitment to high quality and standards of living for everyone; urged Council to approve the program: Savanna Cheer, Alameda.

 

Discussed her Native American Tribe’s basic income program; stated the pilot program will be a great start in providing for basic needs; the program can change people’s lives; urged Council to follow through with the program and fund it as fully as possible; expressed support for a higher distribution amount: Jenice Anderson, Alameda.

 

Expressed support for the proposed program; stated GBI works and moves beyond old patterns of paternalism and outdated anti-poverty programs; the program provides autonomy to people to meet their needs and have stability; urged Council to pursue the program and staff recommendations: Jennifer Rakowski, Alameda. 

 

Stated the program is a wonderful idea; the goal is for people to sustain themselves; the program could mean self-sufficiency; urged Council to approve the program: Melodye Montgomery, Alameda.

 

The Development Manager stated based on data from 2019 American Community Survey (ACS) approximately 11,000 households in Alameda are under $75,000 in household income; depending on how the City decides to define low income, the number of households can vary; a significant number of households are eligible for the program.

 

Councilmember Knox White stated that he appreciates how much work went into the proposed program; expressed support for GBI; stated City staff have performed outstanding work; he is confident in following the recommendations; expressed support for the program being meaningful and providing the necessary data and for program efficiency; stated that he is confident staff will keep administration costs down; the subcommittee requested a meaningful program evaluation; the pilot should not be short term and forgotten; the program should add to the volume of knowledge that is being developed and collected; the program can change over the years and is a way to provide some of the money received to families struggling through the pandemic; expressed support for the staff recommendation.

 

Councilmember Herrera Spencer stated there is a lot of work still to be done; expressed concern about offering aid to 150 homes when 11,000 homes qualify under the identified criteria; inquired how the 150 homes will be chosen.

 

The Development Manager responded staff will work with a research partner to develop a lottery or pool; staff will promote and publicize the program and allocation process.

 

Councilmember Herrera Spencer stated that she does not plan to support the matter; she has concerns; the program helps 1.5% of eligible people; she would be comfortable providing less funding to more people in order to help people get to and from work; $1,000 per month for 150 people is not the type of program that meets the needs of Alamedans; expressed concern about the program funding not continuing in the future; stated the City would never have the money to serve 11,000 people at the proposed rate; the pool will need to be changed; the funds could be used better; expressed support for funding being put towards mental health services; expressed concern about serving only 1.5% of the eligible population; stated it is important for Council to come up with a better way to serve people with needs; mental health and other needs matter as well; the City can go farther with the amount of funding to serve more people than the proposed 150 people.

 

Mayor Ezzy Ashcraft requested clarification about the program process and research components.

 

The Development Manager stated the pilot program will allow impacts to be felt locally; the findings from the research component will help support policy design and implementation.

 

The Development Manager stated the research also provides a narrative which illustrates how the programs work and impact people’s lives in providing resources; the program is developing and changing the narrative of how to fund poverty.

 

Councilmember Daysog stated it is not proper for City Hall to throw $4.6 million at a limited handful of 150 households; he will not be supporting the matter.

 

Mayor Ezzy Ashcraft stated there is a need to establish an amount that is meaningful to help lift people out of poverty and make a difference; more people could receive a lower amount; she would like more details on how staff arrived at the proposed recommendation.

 

The Development Manager stated pilot programs range in the number of participants; staff debated internally over smaller payments for more recipients versus larger payments to a smaller number of recipients; staff’s recommendation reflects a belief that providing larger benefits, given the high cost of living in Alameda, may allow for more transformational impacts than a smaller monthly payment; the group of participants would be smaller; however, the impacts would be profound.

 

The Development Manager stated the bottom number of $400 was based off of Federal Reserve information that 40% of the population could have trouble paying an unexpected expense of $400 or more in one month; staff moved just above due to the Bay Area’s high cost of living.

 

Vice Mayor Vella stated that she supports the matter; a number of cities are piloting GBI for good reason; the cost of living is extremely high; child care facilities have closed during the pandemic; child care and living costs are increasing; the amount is an investment in members of the community to ensure that people are able to stay in Alameda and meet rising costs.

 

Councilmember Herrera Spencer stated tax payer dollars come from the same families; the 11,000 low income households struggle and have to buy necessities, which include sales tax; taxes have been placed on homes that are rented; low income households pay taxes; it is inappropriate to ask people paying taxes to give funding to 150 people out of 11,000; the funding may be transformational to the 150; however, many people do not have money for necessities; she is saddened that the City will be taking money from other families to provide money to 150 households; many families are struggling and will be left behind.

 

Mayor Ezzy Ashcraft stated that she has been excited about the concept of GBI since the City of Stockton’s Mayor spoke at an Alameda County Mayor’s conference; staff has put together an excellent report; expressed support for the program having a chance to make a direct impact on people’s lives; stated the program can be leveraged to provide more or similar benefits to more people; there is a time to be bold and transformative; expressed support for doing something that creates happiness for other people; stated GBI allows people opportunities; Alameda has been moving forward with a lot of transformative programs; inquired whether the proposed timeline is realistic; stated the program has been discussed with Alameda Housing Authority (AHA); expressed support for AHA residents being eligible to participate in the program; the program is new to Alameda, but not new to the state; discussed GBI programs in Canada being long-standing with positive results.

 

The Community Development Director stated staff is juggling quite a bit; the Development Managers has done an admirable job of getting the complicated research and reporting completed; the program will take a bit to implement with the help of consultants; there is possibility for a longer timeline due to unknown variables; staff will return to Council with any delays; as staff determines the complexity of the project, there could be a need for part-time staff; staff will return to Council if it is determined that the program is more time consuming.

 

Councilmember Knox White moved approval of the staff recommendation, with understanding that staff may return to Council and amend the timeline; stated the program is another value statement made by the City.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Councilmember Herrera Spencer stated the program is a value statement; the City is stating that it values taking money from people that cannot afford and are being pushed out of the City in order to provide funding to 150 people; she does not support the matter.

 

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

 

(22-                     ) Introduction of Ordinance Amending Alameda Municipal Code Chapter Four to Comply with Assembly Bill 1276 Regarding Single-Use Foodware Accessories and Standard Condiments.  Introduced.

 

The Program Specialist gave a brief presentation.

 

Councilmember Herrera Spencer inquired whether an establishment can provide items without penalty if a customer makes the request, to which the Program Specialist responded in the affirmative.

 

Councilmember Herrera Spencer inquired whether the establishment can advertise the provision.

 

The Program Specialist responded in the affirmative; stated the law allows food facilities to put items out on a counter in a single use dispenser so customers can have access without having to make a request.

 

Councilmember Herrera Spencer inquired whether online orders can have a check box to request single use items, to which the Program Specialist responded in the affirmative.

 

Councilmember Herrera Spencer further inquired whether enforcement would occur only due to complaints.

 

The Program Specialist responded in the affirmative; stated the City currently enforces the disposable food serve law via complaints; staff recommends utilizing the same strategy.

 

Councilmember Herrera Spencer noted complaints should not be made against an establishment if a person has requested the permitted items.

 

Expressed support for amending the City’s foodware ordinance; stated the business districts’ support for the ordinance; compliance has been delayed due to COVID-19; stated communities in the area are beginning to comply; expressed support for SeeClickFix being used for compliance; discussed reasonable foodware projects: Ruth Abbe, Community Action for a Sustainable Alameda.

 

Councilmember Knox White moved introduction of the ordinance.

 

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

 

(22-                     ) Introduction of Ordinance Authorizing the Interim City Manager to Execute a Lease with Rhoads Property Holdings, LLC, a California Limited Liability Company, dba CSI Mini-Storage for Thirty-Six Months for Buildings 338, 608, and 608A-C, Located at 50 and 51 West Hornet Avenue, at Alameda Point.  Introduced. 

 

The Management Analyst gave a brief presentation.

 

Councilmember Herrera Spencer inquired how many storage units are at the property.

 

The Management Analyst responded the storage facility has a diverse offering with smaller and larger warehouse units and additional outside space.

 

Councilmember Herrera Spencer stated that she would like to know the number of units; people in the community use the facility for storage; expressed concern about where current customers will store items after the three year term is up; inquired whether staff will be offering storage space at another facility.

 

The Management Analyst responded currently, staff does not plans to do so; stated the timeline has not been determined; staff can take direction from Council to consider alternatives.

 

Councilmember Herrera Spencer stated that she would have liked to know how many Alamedans are being impacted and the plan for the future; there is a need for storage facilities; expressed concern about terminating the tenancy; stated some customers might have been renting storage space for almost 20 years.

 

The Interim City Manager stated the matter is a lease extension recommendation; the use has been in place since 2005; staff is providing additional time; redevelopment at Alameda Point comes with twists and turns; staff would like to preserve flexibility as the landlord; the intent is not to terminate the tenancy, but to extend the term by three years.

 

Vice Mayor Vella stated a new storage facility is being constructed not far from the facility; the units could be factored into the nearby, new, storage facility; Council tries to grapple with job creation and building adequate housing; neither job creation or adequate housing are accomplished with using the space as a storage facility; expressed support for direction being provided, while keeping larger goals in mind.

 

Mayor Ezzy Ashcraft inquired whether the new storage facility is near Mariner’s Square, to which Vice Mayor Vella responded in the affirmative.

 

Mayor Ezzy Ashcraft stated Council balances many interests and desires to ensure properties have the highest and best use; the area is currently suitable for storage; however, the lease extension has been structured to allow for another use when the opportunity arises; the storage facility nearby is a larger, multi-level alternative.

 

Councilmember Daysog stated it is time to begin planning the Enterprise District; he will not support the matter.

 

Councilmember Herrera Spencer expressed support for Council being briefed in advance; stated similar items in the future should not exclude briefings; the number of units and alternate locations should have been considered; questioned whether the owner of both storage facilities is the same; stated that she will support the matter because she would like the tenants to have three years versus no extension; expressed support for exploring alternate sites for the tenant.

 

Mayor Ezzy Ashcraft requested clarification about Council briefings.

 

The Interim City Manager stated staff generally provides an overview or briefing for Council to address any questions; the matter relates to the City acting as landlord; any negotiation related to price and terms is heard in closed session; the lease extends a pre-existing use of a facility paying market rate rents; staff can provide more in-depth discussions; staff provides as much information as possible while acting as both the landlord and land use authority.

 

Mayor Ezzy Ashcraft stated that she often has questions about staff reports and reaches out to staff for clarification; inquired whether Councilmembers can reach out to staff for additional clarifying information.

 

The Interim City Manager responded in the affirmative; stated staff is available to answer questions and will typically review the agenda with Councilmembers the week of the meeting; not every Councilmember has the availability for a briefing prior to each meeting.

 

Councilmember Daysog inquired whether the matter requires four affirmative votes; expressed support for Councilmember Herrera Spencer’s inquiry about unit amounts being answered prior to approval.

 

Mayor Ezzy Ashcraft responded Councilmember Herrera Spencer has indicated that she will vote in favor of the lease extension.

 

Councilmember Knox White stated the matter has been agendized for almost a month and questions could have been made prior to the meeting; Council can request a briefing prior to the meeting.

 

Councilmember Knox White moved introduction of the ordinance.

 

Vice Mayor Vella seconded the motion.

 

Under discussion, Vice Mayor Vella stated Council has been discussing the Enterprise District for some time; the City needs to make the most of the property and not displace tenants while the City is working on the Enterprise District plan; she will support the motion.

 

Councilmember Herrera Spencer requested clarification about whether the matter needs three or four affirmative votes.

 

The City Attorney stated the lease requires four affirmative votes.

 

Councilmember Herrera Spencer inquired what would happen to the tenant if the matter does not pass.

 

The Management Analyst responded the existing lease has expired; stated the tenant is being held over on a month-to-month tenancy; if the lease is not passed, staff will continue the month-to-month tenancy and could renegotiate further if Council desires; if renegotiation do not occur, staff would make considerations to remove the tenant.

 

Mayor Ezzy Ashcraft inquired whether the tenant is paying the lower rent amount during month-to-month tenancy.

 

The Community Development Director responded the language provided in the holdover lease dictates the rent; stated holdover rent is typically 150% to 200% of the initial rent.

 

The Management Analyst stated the lease allows the City to charge 200% of the current rent during the holdover period; staff has opted to maintain the current rate due to scheduling issues.

 

The City Attorney stated the City should charge the set amount of rent shown in the lease; staff can implement the letter of the lease if Council does not approve the matter.

 

Mayor Ezzy Ashcraft inquired whether the holdover amount is more than amount proposed in the lease amendment.

 

The Community Development Director responded in the affirmative; stated the holdover amount is double the existing rent as opposed to a 10% increase.

 

Councilmember Herrera Spencer inquired whether Council could have met in closed session to discuss options for extending the lease and finding and alternate location.

 

The City Attorney responded the matter is a real property transaction and Council could direct staff to agendize a closed session item at a future meeting in order to discuss price and terms.

 

The Interim City Manager stated agendas have become congested; staff is trying to move matters through; closed session agendas have been lengthy due to labor negotiations; the lease extension is relatively straight forward; there is opportunity to see lease extensions in closed session; the approach creates a backlog since the City owns a lot of land and has many tenants; expressed support for clear Council direction on which matters staff should bring to closed session versus open session; stated the extension provides continued flexibility; the Enterprise District is not ready to be built yet; the lease language provides flexibility for the City in the future.

 

Vice Mayor Vella stated that she is not supportive of having every lease extension come before Council for consideration; the City should not negotiate alternative space for the tenant; stated that she would like to be reasonable and go with the staff recommendation.

 

Councilmember Herrera Spencer stated the lease is an extension as well as a termination; the tenant has three years at most; the termination aspect is different from other lease extensions which often include multiple options; she plans to support the extension to keep the tenant as long as possible; expressed support for consideration of alternate locations.

 

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

 

ORAL COMMUNICATIONS, NON-AGENDA

 

Not heard. 

 

COUNCIL REFERRALS

 

(22-                     ) Consider Having the City Council Address the Zoning of the Harbor Bay Club. (Councilmember Herrera Spencer)   Not heard.

 

(22-                     ) Consider Having the City Council Review Recreation and Parks Department Community Events. (Councilmember Herrera Spencer)   Not heard.

 

(22-                     ) Consider Directing Staff to Develop an Ordinance Setting Fines for Injury-Collisions Involving Non-Commercial Vehicles that Do Not Meet Federal Design Standards or Have Been Lifted/Altered in a Manner that Increases the Likelihood of Severe Injury or Death in Collisions with Pedestrians and Bicyclists. (Councilmember Knox White)  Not heard.

 

(22-                     ) Consider Supporting Assembly Bill 1445. (Councilmember Herrera Spencer)  Not heard.

 

COUNCIL COMMUNICATIONS

 

Not heard.

 

ADJOURNMENT

 

There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:05 p.m.

 

Respectfully submitted,

Lara Weisiger, City Clerk

 

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