Title
Minutes of the Special and Regular City Council Meetings Held on February 21, 2023. (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -FEBRUARY 21, 2023- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:03 p.m.
Roll Call - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft - 5. [Note: Councilmember Vella arrived at 5:47 p.m. The meeting was held via Zoom.]
Absent: None.
Consent Calendar
Councilmember Herrera Spencer requested that both Consent items be withdrawn for discussion.
(23- ) Recommendation to Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, and Nanette Mocanu, Assistant Community Development Director as Real Property Negotiators for 650 West Ranger Avenue (Building 92) Alameda Point, Alameda, CA, Parcel # 74 1375 2.
In response to Councilmember Herrera Spencer’s inquiry about the Assistant City Attorney, the City Attorney stated the Assistant City Attorney should be designated as a negotiator.
In response to Councilmember Herrera Spencer’s inquiry regarding the Assistant Community Development Director, the City Manager stated that the Assistant Community Development would not be designated as a negotiator.
Councilmember Herrera Spencer moved approval of both Consent Calendar items [without designating the Assistant Community Development Director as a negotiator].
Councilmember Jensen seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. [Absent: Councilmember Vella - 1.]
(23- ) Recommendation to Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Len Aslanian, Assistant City Attorney, and Nanette Mocanu, Assistant Community Development Director, as Real Property Negotiators for 2450 Saratoga Street, 801 West Ranger Avenue (Building 114), Alameda, CA, Parcel #74-1368-9-2.
[The matter was addressed as part of the previous Consent Calendar item.]
The meeting was adjourned to Closed Session to consider:
(23- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: 650 West Ranger Avenue (Building 92), Alameda Point, Alameda, CA Parcel #74-1375-2; City Negotiators: Jennifer Ott, Community Development Director Lisa Maxwell, and Assistant City Attorney Len Aslanian; Negotiating Parties: Alameda Food Bank and the City of Alameda; Under Negotiation: Price and Terms of Potential Lease/Sale from the City of Alameda
(23- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8); Property: 2450 Saratoga Street, 801 West Ranger Avenue (Building 114) Alameda Point, Alameda, CA Parcel # 74-1368-9-2; City Negotiators: City Manager Jennifer Ott, Community Development Director Lisa Maxwell, and Assistant City Attorney Len Aslanian; Negotiating Parties: Alameda Food Bank and the City of Alameda; Under Negotiation: Price and Terms of Potential Lease/Sale from the City of Alameda
(23- ) Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8)
PROPERTY: 2450 Saratoga Street, 801 West Ranger Avenue (Building 114) Alameda Point, Alameda, CA Parcel # 74-1368-9-2
CITY NEGOTIATORS: City Manager Jennifer Ott, Community Development Director Lisa Maxwell, and Assistant City Attorney Len Aslanian
NEGOTIATING PARTIES: Alameda Food Bank and the City of Alameda
UNDER NEGOTIATION: Price and Terms of Potential Lease/Sale from the City of Alameda
(23- ) Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(a); Case Name: City of Alameda v. Greenway Golf Associates, Inc.; Court: Alameda County Superior Court; Case No.: 22CV011964.
Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Case No.: 22CV011964, staff provided information and Council provided direction with no vote taken; and regarding Building 92, staff provided information and Council provided direction by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 4. Noes: 1.
***
Mayor Ezzy Ashcraft called a recess at 6:51 p.m. and reconvened the meeting at 11:44 p.m.
***
Following the closed session, the meeting was reconvened and the City Clerk announced that regarding Building 114, staff provided information and Council gave direction by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:12 a.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- - FEBRUARY 21, 2023- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:06 p.m.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft - 5. [Note: The meeting was conducted via Zoom.]
Absent: None.
AGENDA CHANGES
(23- ) Mayor Ezzy Ashcraft stated that she would call City Manager communications next.
CITY MANAGER COMMUNICATIONS
(23- ) The City Manager discussed issues related to a recent power outage.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
ORAL COMMUNICATIONS, NON-AGENDA
(23- ) Chris Lloyd, Alameda, discussed Bay 37 residents wanting green space near Bohol Circle; urged Council to reject the Planning Board recommendation.
(23- ) Karen Miller, Alameda, discussed avoiding the phrase: “not everyone can ride a bike;” stated the term is not divisive and recognizes the fact that members of the community need to have alternate access to transportation.
(23- ) Tod Hickman suggested four votes be required to discipline the City Manager; expressed support for hybrid meetings.
(23- ) Therese Hall, Alameda, expressed concern about the recent power outage.
(23- ) George Perkins, Alameda, discussed the recent power outage.
(23- ) Scott Harding, Alameda, discussed Bay 37 neighborhood residents wanting a green space near Bohol Circle Park.
(23- ) Margaret Hall, Alameda, discussed the power outage.
CONSENT CALENDAR
Expressed appreciation for becoming the City’s provider for the four emergency supportive housing units [paragraph no. 23- ]: Nancy Cerda-Zein, Cerda-Zein Real Estate.
Expressed support for housing for the aging population; urged Council approval of the supportive housing: Ana Bagtas, Alameda.
Stated that he survived and made his way back; expressed support for the Village of Love (VOL); discussed the City helping him get a home and receiving support services; urged Council approval: George Perkins, Alameda.
Discussed the warming shelter and VOL: Doris Freeman, Village of Love.
Discussed living in a transitional home and the amazing support she receives: Dixie Pederson, Alameda.
Discussed her experience at the VOL safe parking and emergency shelter: Jacqueline Hernandez, Alameda.
Discussed his experience as a VOL client: Joshua Craighead, Alameda.
Discussed working at the VOL and how respectful guests are treated: Regina.
Vice Mayor Daysog noted that he would recuse himself from the Landscaping and Lighting District [paragraph no. 23- ].
Councilmember Herrera Spencer stated that she would record a no vote on the supportive housing [paragraph no. 23- ].
Councilmember Herrera Spencer moved approval of the Consent Calendar.
Councilmember Vella seconded the motion.
Under discussion, Councilmember Jensen requested that the supportive housing item be pulled from the Consent Calendar for discussion.
Mayor Ezzy Ashcraft inquired whether the makers of the motion agreed to amend the motion to remove the supportive housing item.
Councilmembers Herrera Spencer and Vella agreed to amend the motion.
On the call for the question, the motion which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*23- ) Minutes of the Special and Regular City Council Meetings Held on January 17, 2023. Approved.
(*23- ) Ratified bills in the amount of $5,228,725.01.
(*23- ) Recommendation to Authorize the City Manager to Ratify the True-Up Amount of $2,082.74 for 20 Additional Subscription Licenses and to Approve the Renewal of the Annual Subscription License Fee of the Enterprise Dropbox Inc. Account in the Amount of $50,400, for an Aggregate Total Not-to-Exceed Amount of $205,717. Accepted.
(23- ) Recommendation to Authorize the City Manager to Execute a $643,338 First Amendment to the Agreement with The Village of Love (VOL) Foundation to Provide Services in a Fourth Emergency Supportive Housing Unit for a Total Agreement Amount Not-to-Exceed $2,091,322 from March 1, 2023 to September 30, 2024; and a $198,000 Agreement with Cerda-Zein Real Estate for Preparation and Maintenance of All Four Emergency Supportive Housing Units.
Councilmember Jensen expressed support for the public comments regarding VOL; stated the organization is doing a wonderful job supporting those who have issues finding housing; VOL has wrap-around services; inquired whether the fourth emergency supportive housing unit is habitable without lead, asbestos, or mold problems identified in similar units at Alameda Point.
The Community Development Director responded staff has gone through a process with Cerda-Zein to prepare the unit; stated staff vetted the house related to lead-based paint and other concerns; the unit is in nice shape; the same process will be conducted for each unit; Cerda-Zein will assist with ongoing maintenance.
Councilmember Jensen inquired whether staff can confirm the unit has no lead, mold, asbestos, or any concerning material present, to which the Community Development Director responded in the affirmative.
Mayor Ezzy Ashcraft inquired whether the units have a schedule for maintenance and inspection and whether there will be a record of inspections.
The Community Development Director responded in the affirmative; stated maintenance and inspections are part of the Cerda-Zein contract; the units will be inspected regularly; VOL can report any concerns to Cerda-Zein; staff has found Cerda-Zein to be responsive.
Mayor Ezzy Ashcraft inquired whether the maintenance schedule is new.
The Community Development Director responded in the negative; stated Cerda-Zein is skilled at adhering to the schedule and staying on top of concerns.
Councilmember Herrera Spencer stated Council received an email related to oversaturation of transitional housing in the area; numerous tenants have complained about homes having lead, mold, and asbestos; some units have leaking roofs; the City will receive less revenue due to loss of paid tenancy; it is critical for the City to acknowledge concerns about saturation; she will not be supporting the matter.
Councilmember Jensen moved approval of the staff recommendation.
Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(*23- ) Recommendation to Authorize the City Manager to Execute a Third Amendment with Akerman LLP for Federal Legislative Services for a Term of Three Years and Annual Compensation Not-to-Exceed $120,000 and Total Compensation Not-to-Exceed $603,750; and an Agreement with CA Lobby, LLC for State Legislative Services for a Term of Three Years and Annual Compensation Not-to-Exceed $120,000 and Total Compensation Not-to-Exceed $360,000. Accepted.
(*23- ) Resolution No. 16029, “Appointing an Engineer-of-Work and an Attorney-of-Record for Maintenance Assessment District 01-1 (Marina Cove).” Adopted.
(*23- ) Resolution No. 16030, “Appointing an Engineer-of-Work and an Attorney-of-Record for Island City Landscaping and Lighting District 84-2 (Various Locations Throughout the City).” Adopted.
CONTINUED AGENDA ITEMS
None.
REGULAR AGENDA ITEMS
(23- ) Recommendation to Authorize the City Manager to Fund the City Aquatic Center, Estimated to Cost $30 Million and Located on the West Side of Sweeney Park, with $15 Million from the Unassigned Residual General Fund Balance and Financing the Project Remainder from a Certificate of Participation.
The Assistant City Manager gave a PowerPoint presentation.
Councilmember Vella inquired whether the pool size will be regulated for competition.
The Assistant City Manager responded the design is not complete; stated staff is starting with a design approved by Council through a community process in 2020; staff will take the design and work with architects while performing more public outreach for additional input; there has been a lot of discussion regarding having a 30- or 50-meter pool; the current 30-meter design is a standard competition size and works for water polo as well as swim meets; a 50-meter pool would create the ability for less flip turns during swim meets; the larger size is more expensive; details will be shared with the community for input.
Councilmember Vella inquired whether the size will change the project budget; stated the current assumption is the project will cost $30 million; there has been indication the larger sized option would increase the price; inquired how the excess cost would be financed.
The Assistant City Manager responded the trade-off will need to be discussed when the numbers are more firm and there is a greater understanding of construction costs; the $30 million cost is conservative and might not cover a 50-meter pool; the 50-meter pool could provide trade-offs.
Councilmember Vella inquired whether the excess project cost would come from the General Fund or another source.
The Finance Director responded once the City issues Certificates of Participation (COP), financing is locked in; stated any overage would require staff to return to Council for an in-depth discussion about whether the City will have sufficient residual fund balance.
The City Manager stated staff would update cost estimates before issuing financing; a discussion on scope could occur prior to issuing the COP in the event costs come in higher; at that time, the scope could be scaled down or additional funding could be allocated; once Council opts for financing, updates and changes can become tricky; staff will provide potential risks for cost escalation.
The Assistant City Manager stated staff will know the cost estimate; costs can be locked in through a design-build contract to ensure the total cost will not be exceeded.
In response to Mayor Ezzy Ashcraft’s inquiry related to timing and construction costs, the Assistant City Manager stated staff will complete the design; if there is a strong desire for a 50-meter pool, staff can bring alternative plans with associated costs; once staff is done with the design, the design-build team will work closely with the contractor to affirm the costs; the matter will return to Council for approval.
Councilmember Vella inquired the timeline and when Council will know the cost; stated that she understands the project phasing; if the goal is to have the pool be completed by or before 2029, she would like to know the timing and whether or not she will be on Council to vote on the financing for the project; expressed support for providing a date range.
The Assistant City Manager responded the project will take approximately three years from start to finish; stated that she estimates design and cost estimates will come to Council in a year to a year and a half at most; the 2029 project goal anticipates the City going out for a General Obligation (GO) bond in 2026.
Councilmember Vella requested clarification about $15 million coming out of the City budget; inquired whether staff anticipates any changes to a discount rate or rate CalPERS will put forth; questioned whether Council should be aware of any related updates or changes to the budget.
The Finance Director responded finances related to CalPERS look at everything; stated a model has been built to help with the biennial budget; staff anticipates an additional $2 million payment to CalPERS in outer years; staff has factored the anticipated action into its models and will use the models to help inform the ongoing budget process; staff has also built-in other financing models for the pool.
Councilmember Jensen inquired whether the interest rate would increase if the COP is not approved or if an extension occurs, regardless of the financing being a COP or GO Bond.
The Finance Director responded in the affirmative; stated economists are anticipating additional interest rate changes; COPs tend to have higher interest rates versus a GO Bond since a GO Bond is more secure; GO Bonds are secured against an assessment of the City’s residential properties within City boundaries; the COP has a higher interest rate; staff anticipates either option will increase.
Mayor Ezzy Ashcraft inquired whether staff believes Council has enough information to make an informed financial decision; stated the fixed amount of $15 million from the General Fund seems to be coming from reserves; inquired whether the COP balance will be a range of costs; inquired whether staff is waiting until Council votes to move forward with the project before engaging with a design firm.
The City Manager responded if the City moves forward with a GO Bond, additional steps would need to be taken; stated that it is important for Council to approve the financing; additional steps will be taken along the way to finalize design and approve financing; Council will receive project check-ins and milestones; getting Council direction on the financing mechanism sooner is important; Council approval will determine the project schedule and approach.
Mayor Ezzy Ashcraft expressed concern over the price; stated the project design can be worked out; increasing the size of the pool will increase project costs; questioned whether the City should build a pool with the most possible options.
The City Manager stated the estimate is conservative; staff cannot provide guarantees with everything currently occurring in the market; staff has built in cushions and have run different scenarios to provide flexibility; Council moving the project forward now even with uncertainties would be good; staff is attempting to mitigate uncertainties with conservative estimates.
Mayor Ezzy Ashcraft inquired whether the $30 million project cost is the outer limit.
The Assistant City Manager responded $30 million is the outer limit; stated the project will likely be closer to the $22 to $25 million projection from October; staff included a 14% construction cost escalation from 2022; current escalation looks as though it will not be that high; staff is being conservative and padding the project.
Vice Mayor Daysog inquired whether a GO Bond would require three affirmative Council votes to pass, to which the Assistant City Manager responded in the affirmative.
Vice Mayor Daysog inquired whether a COP would require four affirmative Council votes to pass, to which the Assistant City Manager responded in the affirmative.
Vice Mayor Daysog inquired whether the $30 million cost includes the community garden, to which the Assistant City Manager responded in the affirmative.
Expressed support for funding the new pool using a COP; urged Council to approve the municipal pool: Clifton Linton, Alameda Aquatic Masters.
Discussed pool needs, issues, and the lack of space; expressed support for building a pool as soon as possible: Sarah New, Alameda.
Stated project funding should include the community garden; discussed trees, fencing, and produce for the Alameda Food Bank: Dorothy Freeman, Alameda.
Expressed support for Council approving and prioritizing a 30-meter pool to address immediate needs: Chris Drioane, Alameda.
Discussed donating to the Alameda Food Bank; urged the pool be constructed with an adjacent community garden: Alison Limoges, Alameda Backyard Growers (ABG).
Urged Council to continue the development of Jean Sweeney Park; expressed support for the community garden and pool: Marla Koss, ABG.
Expressed support for funding the new pool using a COP; discussed the demand for an aquatic center: Drew Swartz, Alameda.
Discussed construction costs of other pool projects; encouraged Council to find a way to lower the $30 million cost: Matt Reid, Alameda.
Discussed the demand for pool space: Leah Onori, Alameda.
Expressed support for the pool accommodating accessibility; encouraged opening the City’s other two pools to the public: Erin Fraser, Alameda.
Discussed pool closures; urged Council to approve the project proposal: Jimmy Song, Alameda.
Expressed support for building a 30- or 50-meter pool: Marshall Dortch, Alameda.
Urged Council to approve building a 50-meter pool: Brandon Lee, Alameda.
Discussed the demand for pool space; urged Council to approve building a pool: Amanda Wheeler, Alameda.
Discussed not having an accessible pool: Julie Lyons, Alameda.
Urged Council to approve building a pool; expressed support for a 50-meter pool being built quickly: Todd Wehmann, Alameda.
Expressed support for the project; urged approval of the project: Margaret Hall, Alameda.
Expressed support for the aquatic center: Sheila Reddy, Alameda.
Discussed existing pools and the need for pool space: Nellie Cazares
Urged Council to move quickly; discussed the importance of water safety: Amelia Busenitz.
Stated the new pool concept is exciting and is needed immediately: Linda Gilchrist, Alameda.
***
Mayor Ezzy Ashcraft called a recess at 9:00 p.m. and reconvened the meeting at 9:18 p.m.
***
Councilmember Jensen requested clarification for any plans related to improvements of the Emma Hood Swim Center; inquired whether the City and Alameda Unified School District (AUSD) are working together on improvements.
The Assistant City Manager responded in the affirmative; stated the Emma Hood pool is being renovated with 50% of the funding coming from AUSD and 50% from the City, up to $7.5 million each; the public process will begin soon.
Mayor Ezzy Ashcraft noted the Emma Hood pool topic is likely to be discussed during the upcoming budget item.
Vice Mayor Daysog expressed support for the public comments; stated the matter does not only contemplate a new pool, but also other elements of the Jean Sweeney Park; Council must ensure the City fulfils promises made; now is the time for the project to happen; discussed swimming at the Encinal High School pool; stated generations of all ages should have the experience of visiting a City pool; expressed support for moving forward and a COP; stated the City currently has ample reserves; residents have gone through a tough time with COVID-19; the City is beginning to come out of the effects; the pool is a topic that brings the community together; expressed support for striking while the iron is hot and moving forward with a 30-meter pool; stated that he could support a 50-meter pool if there is the time and budget; the swimming community has expressed interest in the 30-meter pool.
Mayor Ezzy Ashcraft stated Vice Mayor Daysog could make a motion to approve the staff recommendation when the time comes.
Councilmember Herrera Spencer expressed support; inquired whether the numbers presented include sufficient funding for the pool as well as moving the fence at Jean Sweeney Park for the community garden and urban forest; requested clarification about the proposed funding.
The Assistant City Manager responded the money will not fund the urban forest; stated Jean Sweeney Park as a whole is intended to have a large number of Oak and other native trees planted in the middle sections; the proposed project will provide grading and utilities in the middle section of the Park; volunteer projects or smaller contracts can be used to plant trees and further build out the middle section of the Park.
Councilmember Herrera Spencer inquired whether the project funding includes moving the fence.
The Assistant City Manager responded in the affirmative; stated the $30 million includes moving the fence to the property line and clearing the brush area.
Councilmember Herrera Spencer further inquired whether the funding covers the community garden, to which the Assistant City Manager responded in the affirmative; stated the funding also covers the Alameda Free Library seed and tool library.
Councilmember Herrera Spencer inquired whether staff will return to Council for approval of the $15 million funding.
The Assistant City Manager responded the recommendation is $15 million from unassigned General Fund reserves; noted the amount has accrued over time from higher than anticipated property transfer taxes.
Councilmember Herrera Spencer inquired why staff is recommending $15 million coming from reserves and the other $15 million being financed.
The Assistant City Manager responded the amount was based on Council direction from October 2022 to fund 50% from General Fund unassigned reserves and 50% being financed; stated staff is estimating a $30 million project, which yields $15 million from General Fund reserves.
Councilmember Herrera Spencer stated that she understands the length of the pool is still open for discussion; inquired whether Council is currently voting on the pool length.
The Assistant City Manager responded the pool length is still open for discussion; stated Council is not voting on design currently; the current matter is Council direction on funding; staff will move forward to identify a project manager and begin project design with public input; the length of the pool is still up for discussion and is ultimately Council’s decision.
Councilmember Herrera Spencer discussed her time on the School Board and swimming pools being closed; stated the swimming community is dependent on AUSD swimming pools; the matter is at least ten years late, if not more; having a City pool is long overdue; AUSD needs pools for students; the City has other needs; youths need to take swimming lessons, adults need access, disabled populations need access, and other needs are present; expressed concern over a 30-meter pool not being sufficient to address the various needs; stated the City should not compromise and be short of sufficient pool lanes; COVID-19 has shown needs have grown; expressed support for comments provided by Speaker Lee; stated a 50-meter pool provides things a 30-meter pool does not; expressed concern over swimmers having to drive to other cities to access a 50-meter pool; stated the community deserves to train at a 50-meter pool in Alameda; the City is in a position to consider the 50-meter option and a diving well; discussed growing with a city pool; stated every community should have a city pool; need is growing; expressed support for the staff funding recommendation; stated the project should be expedited; the City has the ability to move forward.
Councilmember Vella stated that she grew up learning to swim at Franklin Pool; noted the pool is not necessarily open to members of the public; expressed concern over the City’s underutilization of pools on City property; stated the matter does not discount moving forward on this project; she would like the topic of underutilization to come back to Council as a short-term solution; a number of speakers have discussed the need for more pool space in the short-term; she has tried to understand how to access pools; expressed support for the pools being opened to the public for use on weekends or as an interim solution if high school pools go down; stated Council is discussing City pools and aquatics; a substantial amount of City funding is being requested to support the matter; many members of the public have expressed concern over short-term pool access; she would like opening existing pools to the public to be placed on an upcoming agenda; expressed support for understanding long-term funding for staffing and pool upkeep; stated that she would like information related to what shared usage means for other City and AUSD pools; stated that she would like to better understand the finances and opportunities for utilization of Emma Hood and Encinal once the new facility come online; the City pool would substantially increase the overall costs relative to pool maintenance and utilization; she would like to understand impacts on schools; the City does share constituencies; she would like to ensure and understand if all pools created can be financially supported in the long-term; she appreciates the interim report including the estimated costs and would like to know how the matter works with other facilities; projects outside of the City pool could be on the chopping block if there are any cost overages; expressed concern over kicking the can further down the road on deferred maintenance; stated large portions of Alameda are being impacted by deferred maintenance, particularly related to sea level rise; the City needs to consider pension obligations continuing to rise; interest rates are rising; deferred maintenance for live saving projects will cost more; deferred maintenance affects quality of life; she would like to ensure that her home does not flood in lieu of having an Olympic sized swimming pool; she would like to discuss a GO Bond related to maintenance and rising costs; it is imperative to think about the City’s long-term needs; expressed support for the smaller sized pool; stated a larger pool will cost more over time causing other maintenance needs to suffer; a smaller sized pool will not cause further delay.
Mayor Ezzy Ashcraft stated funding for Emma Hood would be discussed as part of a later agenda item; expressed concern over AUSD pool funding being discussed during the current item and confusing the two matters; stated priority setting and budget workshop are upcoming; the topics could be broached at the workshops.
Councilmember Herrera Spencer moved approval of approving the funding the City aquatic center with $15 million from the General Fund balance and financing the remaining cost from COPs.
Councilmember Jensen seconded the motion.
Under discussion, Mayor Ezzy Ashcraft noted Vice Mayor Daysog was previously crafting a motion during his comments.
Vice Mayor Daysog offered a substitute motion: approval of authorizing the City Manager to fund the City aquatic center at an estimated cost of $30 million located on the west side of Jean Sweeney Park, with $15 million from the General Fund balance and financing the remainder from a COP with the proviso that when staff returns with a final financing plan, include information on the cost of funding a 50-meter pool and alternatives for funding the cost of said 50-meter pool.
Councilmember Herrera Spencer seconded the substitute motion.
Under discussion, Councilmember Vella stated when Council originally approved the $15 million, differed from how Council typically approves funding; the City typically funds the last mile versus the first 15 miles; expressed concern over the City covering the first $15 million and financing the remainder; stated the previous proposal indicated the City would cover 50% of the cost of the pool and finance the remaining 50%, up to $15 million; she is worried the current proposal will stretch funding beyond $15 million; there is an assumption that the City will plan to spend all the $15 million rather than try to find alternative funding and capping the City contribution at $15 million; requested clarification of the proposed funding approach.
Mayor Ezzy Ashcraft stated that she understands the final financials will come back to Council for approval in the future with more information.
The City Manager stated staff is not intending to spend more than $15 million out of General Fund revenue and will try to stick within the $30 million budget; if there is a need or cost increase cannot be addressed through a change in project scope, decisions will be made openly with Council; staff does not want to go beyond the approved amount and is not currently recommending the amount be exceeded.
Councilmember Vella proposed a friendly amendment to the motion to fund 50% of the project up to $15 million [from the General Fund].
Mayor Ezzy Ashcraft inquired whether the friendly amendment includes returning to Council with details related to a 50-meter pool option, to which Councilmember Vella responded in the affirmative as long as the funding remains within the limit.
Vice Mayor Daysog stated the motion is that Council approves authorizing the City Manager to fund the City aquatic center estimated at $30 million, located on the west side of Jean Sweeney Park, with $15 million from General Fund balance; inquired whether the friendly amendment proposes language stating: “up to $15 million from General Fund balance and financing the remainder from a COP.”
Councilmember Vella responded in the affirmative.
Vice Mayor Daysog accepted the friendly amendment to the motion.
Mayor Ezzy Ashcraft inquired whether there is reason not to approve the proposed amendment, to which the City Manager responded in the negative.
The Finance Director stated the financing tends to be easier to perform; the original direction Council provided included the term “up to;” the difference in funding would come from the balance due; the City will need to lock in the COPs first.
Mayor Ezzy Ashcraft stated the language change state the City will fund 50% up to $15 million using the unassigned residual General Fund balance; inquired whether the minor word change is acceptable to staff.
The City Manager responded in the affirmative.
Councilmember Jensen stated the COP is not a line of credit; $15 million will come from the General Fund; the remainder will be issued in a COP; the COP is a finite sum; inquired whether staff would return to Council if the General Fund expenditure is more than $15 million.
The City Manager responded in the affirmative.
Councilmember Herrera Spencer inquired whether Jean Sweeney Park can accommodate a 50-meter pool.
The Interim City Manager responded in the affirmative; stated that she needs confirmation from an architect; a large amount of space can be set aside for a swimming facility.
Councilmember Herrera Spencer expressed concern over limiting the size of the pool based on the proposed location; stated Council had also considered placing the pool at Alameda Point; she understands the original Council direction was approving up to 50% without a $15 million cap; she would like clarification on the funding limits and would like to ensure there is enough money to have a swimming pool.
The City Manager stated that she does not want to keep the language capped at 50% rather at $30 million based on staff’s recommendation; cost estimates have not been finalized; if the cost is less than $30 million, less of the reserves could be used with the COP locked in at $15 million; staff will bring the matter back to Council after a designer is on board; the project scope can include an early sketch of options to fit in the space; any issues with a 50-meter pool will be brought to Council as quickly as possible to ensure there is enough time to pivot if needed.
Councilmember Herrera Spencer seconded the amended motion.
Councilmember Vella inquired whether the City is also conducting an architectural review study on drainage, to which the Assistant City Manager responded in the affirmative.
Mayor Ezzy Ashcraft stated that she is excited about the proposed project; discussed her experience learning to swim in Alameda; a previous bond measure that included an aquatic center did not pass; the City now has a wonderful vehicle between General Fund reserves and COPs; the approach is more prudent than issuing a GO Bond or substantially taxing residents and businesses; the project will benefit the community; discussed the City of Piedmont breaking ground on a new pool funded by a GO Bond issued in 2020; stated the cost of construction has increased and additional funding must be raised; expressed support for moving as quickly as possible due to increasing construction costs; stated the project is something the entire community can support .
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Abstain; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Abstention: 1.
(23- ) Recommendation to Receive a Twelve-Month Update on the Community Assessment Response and Engagement (CARE) Team Pilot Program and Transition the Program from a Pilot to an Ongoing Program.
The Fire Chief gave a PowerPoint presentation.
Councilmember Herrera Spencer inquired the difference between the program being a pilot versus permanent.
The Fire Chief responded the County authorized a pilot program; stated the program is currently running on a pilot status; staff would like to see the program become a permanent, ongoing service; recruiting a Management Analyst position has been a challenge due to the uncertainty about the program continuing.
Councilmember Herrera Spencer inquired whether staff anticipates the Management Analyst position being long-term, to which the Fire Chief responded in the affirmative.
Councilmember Herrera Spencer inquired whether the position would fall under the Fire Department or City Manager’s Office.
The Fire Chief responded the original program proposal included a Management Analyst position to oversee the program; stated the previous City Manager had the position on hold due to the program’s pilot status; the position would be in the Fire Department; the Fire Department currently does not have a Management Analyst.
Councilmember Herrera Spencer inquired whether the position would be a Firefighter, to which the Fire Chief responded in the negative; stated the position would be non-sworn.
Mayor Ezzy Ashcraft stated the Fire Chief is performing a lot of work collecting data for the CARE program.
The City Manager stated new programs, such as the CARE program, are data-driven; staff can be strategic and relay resources efficiently; the Fire Department should have a Management Analyst since management and administrative support is currently limited.
The Fire Chief stated the Department currently does not have a Management Analyst; he and the Deputy Fire Chief have done the data reconciling; the task is challenging since three entities are processing data: Alameda Family Services (AFS), Alameda Police Department (APD) and Alameda Fire Department (AFD); all have different systems; when reports are generated, roughly one month to six weeks of work is created to try to connect the dots; staff often has to track down each client to figure out how to properly reconcile data points; the data has to be accurate; AFD has financial administrative support, however, there is no Executive Assistant or Management Analyst, especially in the division which oversees the Paramedic program; the Management Analyst and administrative support staff would help with other duties as assigned while supporting all incoming CARE Team data.
Discussed AFD’s budget; stated the program should be permanent; Police should not be sent out on CARE calls: Marilyn Rothman, Alameda.
Expressed support for making the program permanent with Police removed from the program; discussed a Transform Alameda survey: Jackie Zipkin, Transform Alameda.
Expressed support for the program and concern about resources: Erin Fraser, Alameda.
Expressed support for the permanent status of the CARE Team program and for Police being removed from the program with effective call routing; discussed CARE Team funding: Savanna Cheer, Alameda.
Expressed support for the continuation of the CARE program with Police being removed; stated the City has yet to perform the recommendations of the subcommittees related to alternatives to Police response: Jenice Anderson, Alameda.
Urged Council to approve permanent funding for the CARE Team; stated the impacts of the program are immense for Alamedans; expressed support for expanding the program: Beth Kenny, Alameda.
Expressed support for the CARE Team program becoming permanent; discussed CARE Team statistics and Police response to calls; stated there is potential for program growth: Jennifer Rakowski, Alameda.
Mayor Ezzy Ashcraft inquired whether the City has not received any Medi-CAL reimbursement for the CARE Team program and whether it is possible for the City to claim retroactive reimbursement from Medi-CAL.
The Fire Chief responded the City cannot charge for services under Medi-CAL; stated the services are not listed as an ambulance under Medi-CAL; discussed meetings held with Alameda Alliance regarding partnership to seek reimbursement and change language to allow community paramedicine, mobile integrated programs and other programs provide an ability to recoup costs; noted retroactive reimbursement will likely not be possible.
Katherine Schwartz, AFS Executive Director, stated AFS currently has Medi-CAL contracts with Alameda County Behavioral Health, however, the contracts do not allow billing for CARE Team services; discussion were held when the program started and a decision was made to pursue reimbursement after the pilot program; if the program is funded for an additional year or becomes permanent, AFS will pursue an expansion of the existing Medi-CAL contract; approximately 35 to 40% of clients served through case management and crisis intervention are Medi-CAL recipients; the contract would offset some of the costs, however, all costs might would be offset.
Councilmember Jensen discussed a Medi-CAL stipend being provided for anyone under Medi-CAL coverage; stated the option could be considered by AFS; reimbursements should be pursued when possible.
Mayor Ezzy Ashcraft stated the City is currently receiving $250,000 from the Alameda County Health Care District (ACHCD) towards program funding; inquired whether the funding can be relied on an annual basis; stated the CARE Team program is saving a lot of Emergency Room (ER) visits.
Councilmember Jensen responded the amount is one-time funding.
The Fire Chief stated the funding has an annual approval process; the ACHCD Board cannot affirm the funding will be ongoing; the County supported the Community Medicine Program prior to transitioning to the CARE Team; the County providing the $250,000 for the first year of the program was generous; staff will continue discussions.
Mayor Ezzy Ashcraft stated the City meets with Congresswoman Barbara Lee on a regular basis; the matter is important; staff should discuss the topic with federal lobbyists; the program achievements have been impressive; expressed support for the program becoming permanent; stated other officials are supportive of Alameda’s CARE Team and look to emulate it.
Councilmember Jensen expressed support for the program and partnership; discussed a paramedic outreach program similarity that reduced ER visits; stated the program had not been reauthorized by the State or County; the partnership is tremendous; AFS does a wonderful job with social services and supporting the unhoused; she would like to see the CARE Team program supported and funded permanently; hopefully, ACHCD will provide some funding for the program; expressed support for AFD hiring a Management Analyst; inquired how APD will participate in the program and the criteria for APD’s involvement in CARE Team calls.
The Fire Chief responded the pilot program included APD responding with AFD; stated the model continued as AFD gained experience; since the program was new for AFD, APD involvement has been helpful; APD has had 594 responses during the pilot program; of the 594 responses, 126 classified APD as primary due to potential for violence or a weapon being present; 468 responses had AFD as primary; the plan going forward includes de-escalation training for the Fire Department and changing the policy so that the 468 calls will be responded to without APD present; AFD staff have met with APD command staff to discuss policies.
The Deputy Fire Chief stated AFD has a young department; many staff members were not used to the types of calls being received; staff was apprehensive about being properly trained; discussed training courses on de-escalation techniques; stated staff is ready to have APD dropped off of CARE Team calls; a choice was made to wait until the end of the pilot program to give the Council presentation and change to dismiss APD; APD can be dropped from calls as soon as the program is adopted; running through the policy will take 10 to 15 days; he will meet with APD after so APD can be dropped from priority calls; within 30 days APD will no longer be responding; the only time APD will arrive is when there is potential for violence or a weapon has been reported; staff has been trained well; the Firefighters have done a great job stepping up.
Councilmember Jensen stated covering expenses has been briefly addressed; there will be a program cost savings once responses transition; less staff will be utilized and engines will not be dispatched as often; both AFD and APD will have a savings from the reduction in calls; discussed 5150 calls being handled by AFD staff; inquired whether AFD staff may place clients on a 5150 hold.
The Fire Chief responded in the affirmative; stated AFD is working under a special authority provided by the Alameda County Emergency Medical Services (EMS) Medical Director and Alameda County Behavioral Health; part of the pilot program included testing the proof of concept to allow Paramedics to provide 5150 holds; AFD is required to have a contract with a licensed clinician.
Councilmember Jensen stated a 5150 hold can only be released by a clinician, usually a psychiatrist, which is one of the reasons so many people in a mental health crisis are unfortunately put into emergency rooms or kept in custody; inquired how holds are released and if they have to be released by a psychiatrist or by a clinician.
Ms. Schwartz responded once a hold is written, the individual will be transported to a facility for a psychiatric assessment; the person would be released by a psychiatrist or someone else from the team able to do so; AFS would not release the individual once they are transported for a psychiatric assessment.
Councilmember Jensen stated regarding the $250,000, over the past year, she has had many conversations with physicians about how impactful the program has been; discussed mental health crisis patients coming into Emergency Rooms; expressed appreciation for the program and support to make it permanent.
Mayor Ezzy Ashcraft stated a vote is needed to call new items after 11 p.m.; the mid-year budget [paragraph no. 23- ] is the last remaining item and there are two referrals.
Councilmember Herrera Spencer stated that she would prefer to have her two referrals heard tonight; time is of the essence for both items.
In response to Mayor Ezzy Ashcraft’s inquiry, the City Clerk explained the order of items on the regular agenda are set by Council resolution.
Councilmember Jensen moved approval of the item receiving the 12 month update on the CARE Team.
Mayor Ezzy Ashcraft stated the motion needed is about addressing new items after 11:00 p.m.
Councilmember Vella seconded the motion.
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(23- ) Councilmember Vella moved approval of hearing the remaining regular agenda item [mid-year budget] then concluding the meeting.
Mayor Ezzy Ashcraft noted Council would return into Closed Session after and seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
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Mayor Ezzy Ashcraft inquired whether Councilmember Jensen’s motion is to approve receiving the 12 month update and transitioning the program from a pilot to an ongoing program, to which Councilmember Jensen responded in the affirmative.
Mayor Ezzy Ashcraft inquired whether Councilmember Vella seconded the motion, to which Councilmember Vella responded in the affirmative.
Vice Mayor Daysog stated AFD has done such a tremendous job implementing the pilot program; he looks forward to the program being a permanent service that City Hall renders, especially for people who are in crises.
Councilmember Herrera Spencer inquired whether demographics do not mention a Hispanic or Latino ethnicity group.
Ms. Schwartz responded the information is in the report; stated, unfortunately, it is under Other/Non-White, which is not an appropriate categorization; she appreciates the issue being raised and will adjust the way AFS’s electronic health records are created.
Councilmember Herrera Spencer stated that she shared the issue with staff in advance of the meeting and wanted to make sure to share it with the public; expressed appreciation for everyone involved; stated the program is unique; inquired who should be called to have the CARE Team respond.
The Fire Chief responded calls go through public safety or 911 dispatch.
Councilmember Herrera Spencer inquired whether a number other than the non-emergency Police number could be created and still ring to Dispatch; stated community members have expressed concern about calling the non-emergency Police number.
The Fire Chief responded the idea can be explored; stated the advantage of going through APD Dispatch is that they are able to evaluate calls; discussed triaging medical calls.
In response to Councilmember Herrera Spencer’s further inquiry, the Fire Chief stated that he would work with the Police Chief to find out how the call system works; staff can look into having a unique phone number.
Councilmember Herrera Spencer stated doing so might alleviate some of the apprehension; requested clarification whether AFS will be part of the program moving forward.
The Fire Chief responded that would be his preference.
In response to Councilmember Herrera Spencer’s inquiry, the City Manager stated that she would support a sole source authorization to allow AFS to continue; the relationship has been successful; the City would not want to stop a program halfway through and switch providers; a contract amendment or increase might need to come back to Council.
Councilmember Herrera Spencer stated that she would hope Council is approving AFS working with AFD; it has been an amazing team; encouraged sharing the model nationally; AFS provides services to other parts of the community, such as schools and seniors; getting AFS and AFD together was natural; she is very impressed; commended both organizations for stepping up and becoming a model.
On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(23- ) Resolution No. 16031, “Amending the Fiscal Year 2022-23 Budget.” Adopted; and
(23- A) Resolution No. 16032, “Approving Workforce Changes for Fiscal Year 2022-23.” Adopted.
The Budget Manager gave a Power Point presentation.
Expressed concern about the $100,000 cost for ferry way-finding signs: Carmen Reid, Alameda.
In response to being asked to address the question from the public speaker, the City Manager stated the request is from Community Development and will be paid from Tideland's Trust; she does not have all the details; in her experience, way-finding is expensive.
Councilmember Herrera Spencer inquired what other things Tideland revenues can be spent on, to which the City Manager responded the funds can be spent on waterfront or shoreline improvements; stated there are lots of different potential uses for the money; way-finding is important, especially from a transportation standpoint.
Councilmember Herrera Spencer stated that she is trying to get an idea of spending $100,000 for signage; multiple concerns have been raised about people getting lost at Alameda Point; the City spent $100,000 on signs to get to Spirits Alley.
The City Manager stated the signs were done many years ago; much more was spent on the signs.
In response to Councilmember Herrera Spencer’s inquiry, the City Manager stated there is an additional $50,000.
The Budget Manager stated the amount in in the marketing budget.
The City Manager stated staff will try to do some additional marketing and can review Spirits Alley signage as well.
Councilmember Herrera Spencer requested an explanation about funds being used to pay down the unfunded pension liabilities, including the current unfunded pension liabilities total and how much the City has paid based on the formula.
The Finance Director stated since 2017, a little over $45 million has gone to pay down some of the unfunded liability for CalPERS and Other Pension Employment Benefits (OPEB); a little over $2 million is being requested this year; currently, the OPEB outstanding liability is about $87 million and CalPERS is $234 million.
Councilmember Herrera Spencer inquired whether the total is $234 plus $87 million.
The Finance Director responded they are two different things.
Councilmember Herrera Spencer stated together, the current total for the two is over $300 million; discussed the increase since 2017; stated it is important to share the amount is still over $300 million even though the City has contributed $45 million to try to address the issue.
In response to Councilmember Jensen’s inquiry regarding the Emma Hood pool, the Finance Director stated the City dedicated funds to help with the rebuild and anticipated the pool was going to close; since the pool did not close as soon as expected, $141,000 in additional funding is needed for maintenance costs.
In response to Councilmember Jensen inquiry regarding Alameda Point commission fees, the City Manager stated Cushman and Wakefield receives a brokerage payment under the current contract; they are not paid unless there is performance related to the leases.
Mayor Ezzy Ashcraft outlined the staff report pension section; stated the City is obligated to pay retirement pensions and benefits based on contracts approved by Council; paying down early reduces the finance charges and debt, so when there is an economic downturn and bills are still due, the amount will not be quite as big; $45 million has been paid down, but that has been since 2017; the previous agenda item addressed CARE program accomplishments; the program is done by the City’s public safety employees who are counting on the City to fulfill obligations to pay pensions and benefits; public safety folks are exposed to a lot of hazardous substances and need good health plans; she is proud the City is meeting its obligations and thinks it is being done in a fiscally responsible way.
Councilmember Jensen moved adoption of the resolutions.
Councilmember Vella seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Jensen: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
CITY MANAGER COMMUNICATIONS
(23- ) The City Manager discussed backbone infrastructure construction at Alameda Point; stated there will be a grand reopening event this fall once all four blocks are complete; announced the beach being closed for sand moving; noted East Bay Reginal Park District has signage in place that might blow down; made announcements regarding restaurant week and San Francisco opera free events.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(23- ) Consider Directing Staff to Initiate the Process of Amending Alameda Municipal Code (AMC) Section 30-12.4, Location of Liquor Stores, Similar to Council's Amendment of AMC Section 30-12.2, Location of Bars in March, 2021. (Councilmember Herrera Spencer) Not heard.
(23- ) Consider Directing Staff to Proceed with the Purchase of License Plate Readers for Vehicles, Concurrently with the Implementation of Fixed License Plate Readers. (Councilmember Herrera Spencer) Not heard.
COUNCIL COMMUNICATIONS
(23- ) Councilmember Herrera Spencer discussed attending the Alameda International Film Festival, a Downtown Alameda Business Association mixer, a Chinatown Realtors event and a Fire Department ceremony.
(23- ) Mayor Ezzy Ashcraft discussed attending the Fire Department event, the Alameda International Film Festival, a Black History Month event at Karibu Wine Lounge, and a fundraiser for victims of the Turkish earthquake.
(23- ) Councilmember Jensen stated that she planned on going to the fundraiser, but was not able to due to the power outage; discussed the Fire Department event; made an announcement about an upcoming Hornet men's basketball semifinal game.
(23- ) Councilmember Vella discussed attending an event for three Alameda schools being recognized as California distinguished schools.
(23- ) Vice Mayor Daysog discussed a subcommittee meeting with the School Board that he and Councilmember Jensen attended.
Councilmember Jensen added brief comments regarding a counseling program.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:38 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.