Title
Minutes of the Special and Regular City Council Meetings Held on May 7, 2024. (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -MAY 7, 2024- -5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:05 p.m.
Roll Call - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft - 5. [Note: Councilmember Jensen arrived at 5:11 p.m. and Councilmember Vella arrived at 5:53 p.m. and was present via teleconference from Renaissance Saint Louis Airport Hoten, 9801 Natural Bridge Road, Saint Louis, MO 63134.]
Absent: None.
Consent Calendar
Vice Mayor Daysog moved approval of the Consent Calendar.
Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 3. [Absent: Councilmembers Jensen and Vella - 2.] [Items so enacted or adopted are indicating by an asterisk preceding the paragraph number.]
(*24- ) Recommendation to Approve Jennifer Ott, City Manager, Abigail Thorne-Lyman, Base Reuse and Economic Development Director, Nicole Franklin, Base Reuse Manager, John McManus, Managing Director, Cushman & Wakefield, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for Building 11 at 1190 West Tower Avenue (Zenith Aerospace, Inc.). Accepted.
The meeting was adjourned to Closed Session to consider:
(24- ) Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9(a); Case Name: City of Alameda v. Greenway Golf Associates, Inc.; Court: Alameda County Superior Court; Case Numbers: 22CV011964. Not heard.
(24- ) Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9(a); Case Name: CP VI Admirals Cove LLC v City of Alameda, et al; Court: Alameda County Superior Court; Case No: 23CV044259.
(24- ) Conference with Real Property Negotiators Pursuant to Government Code § 56956.8; Property: Building 11 (1190 West Tower Avenue); City Negotiators: City Manager Jennifer Ott, Base Reuse and Economic Development Director Abigail Thorne-Lyman, Base Reuse Manager Nicole Franklin, Cushman & Wakefield Managing Director John McManus, and Assistant City Attorney Len Aslanian; Negotiating Parties: City of Alameda and Zenith Aerospace, Inc.; Under Negotiation: Price and Terms of Lease.
Following the Closed Session, the meeting was reconvened, and the City Clerk announced that regarding Admirals Cove, staff provided information and Council provided direction by the following roll call vote: Vice Mayor Daysog: No, Councilmembers Herrera Spencer: No, Jensen: Aye, Vella: Aye, and Mayor Ezzy Ashcraft: Aye; Ayes: 3. Noes: 2, and regarding Real Property, staff provided information and Council provided direction with no vote taken.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:49 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 7, 2024- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:02 p.m. Councilmember Jensen led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft - 5. [Note: Councilmember Vella arrived at 7:21 p.m. and left the meeting at 11:19 p.m. and was present from Renaissance Saint Louis Airport Hotel, 9801 Natural Bridge Road, Saint Louis, MO 63134.]
Absent: None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(24- ) Proclamation Declaring May 2024 as Asian Pacific Heritage Month.
Mayor Ezzy Ashcraft read the proclamation.
(24- ) Proclamation Declaring May 2024 as Jewish American Heritage Month.
Mayor Ezzy Ashcraft read the proclamation.
(24- ) The City Manager introduced the new Library Director, Michael Eitner.
The Library Director made brief comments.
(24- ) Proclamation Declaring May 2024 as Jewish American Heritage Month.
Expressed support for the proclamation; stated that he has experienced challenges in the past year; expressed concern over diminishing the proclamation: Bruce Stoffmacher, Temple of Israel of Alameda.
Stated that she opposes the ongoing genocide; urged Council to represent its constituents and adopt a resolution supporting permanent ceasefire: Deborah Goldberg, Alameda Families and Friends for a Ceasefire (AFF4C).
Expressed support for the proclamations and for taking time to celebrate various communities; stated many Jewish families support a free Palestine: Eve, AFF4C.
Expressed concerns over cruelty, violence, and Zionism; discussed anti-Zionism and anti-Semitism: Maya Gordon.
Expressed support for the proclamation; stated current conditions are disturbing and tragic; discussed anti-Semitism: Tod Hickman.
ORAL COMMUNICATIONS, NON-AGENDA
(24- ) Marcy Voyevod, AFF4C, discussed her experience, history related to student strikes and the need for an end to the genocide.
(24- ) Gabriel Duncan, Alameda Native History Project, stated there have been changes to the Native American Grave Protection and Repatriation Act likely resulting in changes of care for the Alameda Museum; discussed turkey hunting, acorn harvesting, and landscaping; expressed concern over cancelled meetings.
(24- ) Roan Byrne-Sarno stated there has been no stop for peace; read a quote from Victor Berger; urged a ceasefire resolution be adopted and divestment from supporting companies.
(24- ) Maya Gordon stated that she feels safe with the community of the Free Palestine movement; urged Council to listen to views that may not align and to join in earnest.
(24- ) Maria Henderson, AC Transit, provided an update on the Realign Project; encouraged participation.
(24- ) Hilda Paulson discussed the status of Gaza and the United States; expressed support for Richmond’s divestment resolution.
(24- ) Jennifer Rakowski, Alameda, urged Council to be cognizant; stated there are mass protests on campuses.
(24- ) Lean de Leon discussed bombings in Israel, colonialism, and struggles connected to Palestinian liberation.
CONSENT CALENDAR
Councilmember Herrera Spencer requested final passage of the animal testing ordinance [paragraph no. 24- ] be removed from the Consent Calendar for discussion.
Councilmember Herrera Spencer inquired whether Council may register votes at the current time or after public comment.
The City Clerk responded Council may make inquiries related to Consent Calendar matters; stated Council may register votes after public comment.
Mayor Ezzy Ashcraft inquired whether Council may make inquiries without pulling items, to which the City Clerk responded in the affirmative.
Councilmember Jensen inquired why four affirmative votes are required for the Blach Construction agreement [paragraph no. 24-___].
The Assistant City Manager responded the matter is a design-build contract; the ordinance requires four affirmative votes.
Councilmember Jensen inquired whether all design-build contracts require four affirmative votes.
The Assistant City Manager responded that she understands all design-build contracts require four affirmative votes.
The City Attorney stated the Municipal Code requires Council to approve design-build contracts by a supermajority vote.
The City Clerk announced public hearings for the Park Street and Webster Street Business Improvement Assessment Area Reports [paragraph no. 24-___ and 24-____]
Stated that she cares deeply about teaching her neighbors to successfully garden in Alameda; discussed her committee work in planning and designing a community garden as part of the Jean Sweeny Open Space Park: Alison Limoges, Alameda Backyard Growers (ABG).
Expressed support for ABG; stated youths need opportunities in the future; the open space needs to be preserved and maintained: Cynthia La Croix, ABG.
Expressed support for a community garden being considered during the aquatic center design; discussed the community garden steering committee: Marla Koss, ABG.
Expressed support for the community garden and food forest at Jean Sweeny Open Space Park; stated excess food will help with food insecurity; food forests stack functionalities: Damien Mason, ABG, Community Action for a Sustainable Alameda (CASA), Bay Area Maker Farm and Citizen’s Climate Lobby.
Discussed volunteering at the Food Bank during the pandemic; expressed support for the community garden being included in the design contract: Birgitt Evans, ABG.
Expressed support for the community garden being included in the design plans and concern over the potential reduction in the community resource; urged the City to include the garden in-full: Michael Sullivan, ABG.
Vice Mayor Daysog recused himself from the resolution for Landscaping and Lighting District 84-2, Zones 1, 4, 5, 6 and 8 [paragraph no. 24- ] and the resolution for the Webster Street Business Improvement Area [paragraph no. 24- ] and recorded a no vote for final passage of the ordinance amending subdivision regulations [paragraph no. 24- ].
Councilmember Herrera Spencer recorded a no vote for the agreement with Chrisp Company [paragraph no. 24- ] and the ordinance amending subdivision regulations.
Councilmember Herrera Spencer stated discussed courts granting Charter cities a legal win over housing law.
Councilmember Jensen moved approval of the Consent Calendar.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Herrera Spencer discussed the recent court decision relating to Charter cities; stated several Charter cities in California have sued over being required to implement State housing laws; the challenge prevailed at a lower court; she is confident that the challenge will progress to the appellate level.
On the call for the question, the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers 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.]
(*24- ) Minutes of the Special and Regular City Council Meetings Held on April 2, 2024. Approved.
(*24- ) Ratified bills in the amount of $8,782,382.86.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with GovInvest for Pension, Other Post-Employment Benefits (OPEB), and Labor Costing Software, and Governmental Accounting Standards Board Statement 73 and 75 OPEB Actuarial Valuation Reports for Three Years, Plus Two One-Year Renewal Options, at $75,819 Annually for a Total Amount Not-To-Exceed $379,095. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Blach Construction, Inc. for Phase I Design/Build Services for up to Four Years, in an Amount Not-to-Exceed $3,427,840, Including a 3% Contingency, for the Design and Permitting of the City Aquatic Center. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Execute a Third Amendment to the Agreement with the Regents of the University of California, on Behalf of Its University of California San Francisco School of Medicine, Department of Emergency Medicine to Provide the Required Services of Medical Director for the Alameda Fire Department through February 28, 2026, in an Amount Not-to-Exceed $174,378, for a Total Compensation Not-to-Exceed $382,079. Accepted.
(*24- ) Recommendation to Accept the Work of BrightView Landscape Development Inc. for Alameda City Hall West Lawn Conversion, Project No. P.W.11-22-28. Accepted.
(24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Chrisp Company for the Park Street Commercial Street Restriping Project, No. P.W. 01-24-02, in an Amount Not-to-Exceed $239,144, Including Contingency.
Since Councilmember Herrera Spencer recorded a no vote, the matter carried by the following vote: Ayes: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft - 4. Noes: Councilmember Herrera Spencer - 1.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Radius Earthwork Inc for Pavement Management Project, Phase 42, No. P.W. 11-23-30, in an Amount Not-to-Exceed $4,247,640, Including Contingency. Accepted.
(*24- ) Recommendation to Authorize the City Manager to Execute an Agreement with Gruendl Inc. dba Ray’s Electric, for the Lincoln Avenue/Walnut Street Safety Improvement Project, No. P.W. 01-24-05, in an Amount Not-to-Exceed $211,542.50, Including Contingency. Approved; and
(*24- A) Resolution No.16151, “Amending the Fiscal Year 2023-25 Capital Budget by Reducing Revenue and Expenditure Appropriations in Capital Improvement Project C12000 (Signs, Pavement Markings) by $175,000, and Increasing Revenue and Expenditure Appropriations for Capital Improvement Project C61000 (Street Safety) by $175,000.” Adopted.
(*24- ) Resolution No.16152, “Approving the City of Alameda Pavement Management Project to be Funded through the State’s Road Maintenance and Rehabilitation Account for Fiscal Year 2024-25.” Adopted.
(*24- ) Resolution No.16153, “Approving the Engineer’s 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 18, 2024 - Maintenance Assessment District 01-01 (Marina Cove).” Adopted.
(24- ) Resolution No.16154, “Approving the Engineer’s 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 18, 2024 - Island City Landscaping and Lighting District 84-2, Zones 1, 4, 5, 6 and 8.” Adopted.
Since Vice Mayor Daysog recused himself, the matter carried by the following vote: Ayes: Councilmembers Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft - 4. [Absent: Vice Mayor Daysog - 1.]
(*24- ) Resolution No.16155, “Approving the Engineer’s Report and Declaring the City of Alameda's Intention Not to Order the Levy and Collection of Assessments for Zone 7 of the Island City Landscape and Lighting District 84-2 and Providing for Notice of Public Hearing on June 18, 2024 - Island City Landscaping and Lighting District 84-2.” Adopted.
(*24- ) Recommendation to Accept $121,000 Grant # 2023-0042; Cal OES ID #001-00000 from the California’s Governor’s Office of Emergency Services (Cal OES) 2023 Homeland Security Grant Program. Approved; and
(*24- A) Resolution No.16156 “Authorizing the City Manager to Execute All Necessary Documents with Cal OES to Accept $121,000 in Grant Funds for a Floating Dock and Amending the Fiscal Year 2023-24 Fire Grants Fund (Fund 220) Operating Budget Increasing Both Revenues and Expenditures Appropriations by $121,000.” Adopted.
(*24- ) Public Hearing to Consider Resolution No.16157, “Confirming the Park Street Business Improvement Area Assessment Report for Fiscal Year 2024-25 and Levying an Assessment on the Park Street Business Improvement Area with a Consumer Price Index Adjustment of 2.6 Percent for Fiscal Year 2024-25.” Adopted.
(24- ) Public Hearing to Consider Resolution No.16158, “Confirming the Webster Street Business Improvement Area Assessment Report for Fiscal Year 2024-25 and Levying an Annual Assessment on the Webster Street Business Improvement Area with a Consumer Price Index Adjustment of 2.6 Percent for Fiscal Year 2024-25.” Adopted.
Since Vice Mayor Daysog recused himself, the matter carried by the unanimous voice vote - 4. [Absent: Vice Mayor Daysog - 1.]
(24- ) Ordinance No. 3369, “Amending Alameda Municipal Code Chapter XXX (Development Regulations) to Revise Section 30-73 et seq. (Real Estate Subdivision Regulations) to Implement the City of Alameda General Plan and Housing Element and Make Other Technical Amendments, as Recommended by the Planning Board.” Finally passed.
Since Councilmembers Daysog and Herrera Spencer recorded no votes, the matter carried by the following vote: Ayes: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft - 3. Noes: Councilmembers Daysog and Herrera Spencer - 2.
CONTINUED AGENDA ITEMS
None.
REGULAR AGENDA ITEMS
(24- ) Resolution No. 16159, “Appointing Mark Cuyler as a Member of the Mayor’s Economic Development Advisory Panel.” Adopted;
(24- A) Resolution No. 16160, “Appointing Joe Ernst as a Member of the Mayor’s Economic Development Advisory Panel.” Adopted;
(24- B) Resolution No. 16161, “Appointing Matt Kreutz as a Member of the Mayor’s Economic Development Advisory Panel.” Adopted;
(24- C) Resolution No. 16162, “Appointing Becca Perata as a Member of the Mayor’s Economic Development Advisory Panel.” Adopted; and
(24- D) Resolution No. 16163, “Appointing Sharine Thenard as a Member of the Mayor’s Economic Development Advisory Panel.” Adopted.
Councilmember Herrera Spencer stated that she requested information; inquired whether the healthcare member is a new addition to the Panel.
The City Manager responded the new member is replacing a previous member.
Councilmember Herrera Spencer stated the website has nine existing members; the new list provided lists eleven members.
The City Manager stated the bylaws previously brought to the Council, added two new positions; one position added is an at-large member.
The Economic Development Division Manager stated an at-large position was added; it is possible the online information needs to be corrected.
Councilmember Herrera Spencer stated there are more positions than before; the healthcare member is listed as a new appointee, not a replacement; discussed resignations; inquired about the number of members.
The Economic Development Division Manager responded the member count went from ten to eleven, including one ex-official Member; the information published online is likely incorrect and will be corrected as soon as possible.
In response to Mayor Ezzy Ashcraft’s inquiry about the ex-official Member, the Economic Development Division Manager stated it is the Chamber of Commerce Chief Executive Officer (CEO).
Councilmember Herrera Spencer stated the Chamber of Commerce CEO is listed online; it appears as though someone else is missing.
The Economic Development Division Manager stated that she does not have the webpage readily available; there had always been ten members.
Councilmember Herrera Spencer expressed support for clarification; stated that she would like to be sure of the changes being made.
The Economic Development Division Manager stated there would be a discrepancy with nine members being listed online.
Councilmember Herrera Spencer stated the list of current members includes Adam Elsesser however, he is not included online.
The Base Reuse and Economic Development Director concurred Member Elsesser not being listed online is causing the discrepancy; noted the website will be corrected tomorrow.
In response to Councilmember Herrera Spencer’s inquiry related to conflict of interest, the City Attorney stated any campaign contributions provided prior to the last election do not count towards any forward-looking purposes; appointments to a Board or Commission of the City and does not involve a contract and the Levine Act does not preclude making appointments even if contributions were received.
Councilmember Herrera Spencer further inquired about having existing contract with the City and eligibility to serve on the Committee.
Mayor Ezzy Ashcraft inquired whether Councilmember Herrera Spencer’s inquiry relates to Member Elsesser, to which Councilmember Herrera Spencer responded in the negative; stated that her inquiry relates to Joe Ernst.
The Economic Development Division Manager responded the Mayor’s Economic Development Advisory Panel (EDAP) was setup as an advisory committee with members who have a lot of business dealings with the City; the Committee was not setup under the provisions of the Fair Political Practices Commission’s (FPPC) Form 700.
Councilmember Herrera Spencer requested clarification about conflicts of interest.
The City Attorney stated appointments to EDAP do not create any financial interest; members who do business with the City do not create a conflict of interest under State law.
Councilmember Herrera Spencer discussed a loan provided to Firebrand; stated the president of Firebrand is being nominated for appointment; inquired whether a recipient of a loan from the City is eligible to serve.
The City Attorney responded there is no legal prohibition.
Expressed support for the appointment of Members Perata and Thenard; expressed concerns over the appointments of Members Cuyler, Ernst and Kreutz: Tod Hickman.
Councilmember Herrera Spencer stated that she would like to vote on each appointment separately.
Vice Mayor Daysog moved adoption of the resolution appointing Mark Cuyler.
Councilmember Jensen seconded the motion, which carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: No, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
Councilmember Jensen moved adoption of the resolution appointing Joe Ernst.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Herrera Spencer stated that she has concerns related to the appointment; expressed support for new voices; stated the City has a history of working with some of the proposed members; expressed concerns over financial donations, views, and diversity; stated the two women being appointed are persons of color; stated the City needs to have a more diverse EDAP.
On the call for the question, the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: No, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
Vice Mayor Daysog moved adoption of the resolution appointing Matt Kreutz.
Councilmember Jensen seconded the motion.
Under discussion, Vice Mayor Daysog expressed support for the members stepping up and providing the City with time and talent; stated Alameda is lucky to have people participate.
Mayor Ezzy Ashcraft stated that she appreciates the time and effort members contribute; discussed the appointment process and gave an overview of the EDAP; stated people with experience in specific sectors are called upon to serve on the committee.
On the call for the question, the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: No, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
Councilmember Jensen moved adoption of the resolution appointing Becca Perata.
Vice Mayor Daysog seconded the motion, which carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
Vice Mayor Daysog moved adoption of the resolution appointing Sharine Thenard.
Councilmember Jensen seconded the motion, which carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
The City Clerk administered the Oath of Office and presented certificates of appointment and Mr. Ernst, Ms. Perata and Ms. Thenard.
Mr. Ernst, Ms. Perata and Ms. Thenard made brief comments.
(24- ) Recommendation to Accept the Social Service Human Relations Board Work Plan for Fiscal Year 2024-25.
President Scott Means and Vice President Samantha Green of the Social Service Human Relations Board (SSHRB) gave a Power Point presentation.
Councilmember Jensen expressed support for the outreach performed by SSHRB Members; stated the community outreach informs the policies and ideas presented in moving forward; the information obtained has been used to respond to the changing needs of Alameda residents and the environment; the challenges presented have been changed by the pandemic over the past five years; expressed support for the coming results of the new work plan.
Vice Mayor Daysog expressed support for the work performed by the SSHRB; discussed former Board Members’ work; stated carrying on the work is incredible; the Board is dealing with isolation and community connection, especially in reference to youths; the SSHRB continues to work with the Alameda Unified School District (AUSD) to ensure youths are able to handle mental health issues; discussed the City Attorney’s office pursuing domestic violence cases and lowering the number of cases altogether by the work performed by the SSHRB; stated there are roles of policing and prevention.
Councilmember Vella expressed support for the SSHRB work and outreach; stated that she looks forward to accepting the report.
Councilmember Herrera Spencer expressed support for the SSHRB; stated that she would prefer Alamedans Together Against Hate (ATAH)have a more affirmative and positive name; a positive and welcoming name is important to ensure people are connected in a positive way; she supports events centered around loneliness and mental health and the work of the Alameda Fire Department (AFD) and Alameda Family Services; stated serving mental health post-COVID-19 is important; finding ways to promote and share service locations will also be important; discussed illegal drug use and access to Narcan/Naloxone; stated Alameda Police Department (APD) is offering Fentanyl test strips; inquired whether there are alternative locations to offer test strips and Narcan/Naloxone.
Mayor Ezzy Ashcraft stated AUSD health centers on campus offer Narcan/Naloxone and test strips; expressed support for the SSHRB report; discussed a stress-free zone at a youth job fair at Encinal High School; stated youths are experiencing stress; homelessness strategies are important and need to be implemented; the domestic violence portion of the report is also important; the City needs to lift up, speak out, and spotlight such issues; discussed the case of domestic violence and murder of Imani Buckner; stated resources are available.
Councilmember Vella moved approval of accepting the report.
Councilmember Herrera Spencer seconded the motion.
Under discussion, Councilmember Herrera Spencer stated Building Futures performs a lot of the work around homelessness and domestic violence; discussed a fundraiser for Building Futures.
On the call for the question, the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(24- ) Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Current Chapter XX (Floodplain Management) in Its Entirety and Adopting a New Chapter XX (Floodplain Management) to Implement the City of Alameda General Plan and the Climate Adaptation and Resiliency Plan and Make Other Technical Amendments. Introduced.
Councilmember Vella recused herself and left the meeting.
The City Engineer gave a Power Point presentation.
Councilmember Herrera Spencer inquired how the requirement for a non-conversion agreement for improved structures applies to converted garages.
The City Engineer responded there are two ways for garages to exist; stated garages attached to the house are considered part of the larger [house] structure; a modification of an attached garage is considered in context as part of the value of the entire home structure; a freestanding garage that has been converted to an Accessory Dwelling Unit (ADU) will exceed 50% of the value of the structure and will need to be re-constructed at a higher elevation.
Councilmember Herrera Spencer inquired whether significant repairs to a previously converted garage that has not been elevated applies to the house or the garage; inquired whether the unit could no longer be used for housing.
The City Engineer responded as long as improvements to an existing, standalone garage are less than 50% of the existing structure, repairs and upgrades can be made; inquired whether Councilmember Herrera Spencer’s inquiry relates to an existing non-conforming use.
Councilmember Herrera Spencer responded in the negative; stated her inquiry is about converting garages attached to homes, not freestanding, into an ADU.
The City Engineer stated the Federal Emergency Management Agency (FEMA) looks at a garage combined in the same structure as the house; any modifications to an attached garage would be compared to the entire value of the house; generally, there is a large threshold for improvements to an attached garage.
In response to Councilmember Herrera Spencer’s inquiry related to the threshold percentage, the City Engineer stated the threshold is less than 50% for substantial improvements; substantial improvements are when proposed improvements exceed 50% of the existing structural value.
Councilmember Herrera Spencer inquired whether improvements made to the entire house are included in the 50% threshold.
The City Engineer responded the improvement amounts are cumulative over five years for the entire house; as long as the repairs remain under the 50% threshold there is no need to elevate; if an owner exceed 50%, the entire structure must be elevated and many owners will cancel building plans; it is challenging to take an existing residence and lift it up two to three feet; the idea is to limit expansion of homes that are in the flood zone; the criteria allows for a certain number of improvements, but anything above the amount will require mitigation.
Councilmember Herrera Spencer inquired whether the 50% threshold is based on the properties’ market value or the assessed value.
The City Engineer responded the amount is based on the structural value; stated all properties have two components: a land value and a structural improvements value; FEMA is insuring the structural value; the insurance premium and risk is being evaluated; each property will have an inherent land value with a structural value on top; the process is confusing; staff regularly works with owners since the appraisal value does not equal the structural value.
Councilmember Herrera Spencer inquired whether many people will not perform improvements in order to continue using the existing ADU for housing, to which the City Engineer responded in the affirmative.
Councilmember Herrera Spencer inquired whether the Permit Department is clear and upfront in the beginning of the process; stated many property owners do not want to lose an ADU.
The City Engineer responded in the affirmative; stated staff’s permit system has a Geographic Information System (GIS); any permit application that falls within the floodplain area is flagged and routed to the Public Works Department for initial review and outreach with property owners.
Councilmember Jensen inquired whether the matter affects both residential and commercial properties, to which the City Engineer responded in the affirmative; stated commercial properties have slightly different requirements.
Councilmember Jensen stated both middle school locations are included in the 500-year floodplain; now that AUSD is rebuilding and constructing Wood Middle School, there will be a requirement to comply with the FEMA requirements; inquired whether the State Division of Education is providing the requirements.
The City Engineer responded the Division of State Architect would complete a review.
Councilmember Herrera Spencer moved introduction of the ordinance.
Councilmember Jensen seconded the motion.
Under discussion, Mayor Ezzy Ashcraft expressed support for the matter and other City programs addressing sea level rise.
On the call for the question the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, and Mayor Ezzy Ashcraft: Aye. Ayes: 4. [Absent: Councilmember Vella - 1.]
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Mayor Ezzy Ashcraft called a recess at 9:07 p.m. and reconvened the meeting at 9:24 p.m.
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(24- ) Recommendation to Receive an Update on City of Alameda’s Approach to Preventing and Enforcing Unpermitted Sideshow and Car Show Events at Alameda Point and to Provide Direction to Return to City Council with a Public Hearing to Consider Authorizing Future Purchase and Use of Uncrewed Aerial Systems (Drones) for Sideshow and Other Critical Incident Response and Enforcement.
The City Manager gave a Power Point presentation.
***
(24- ) Mayor Ezzy Ashcraft suggested the City Manager be provided 5 more minutes to complete the presentation.
Councilmember Herrera Spencer moved approval of allowing 5 more minutes for the presentation.
Councilmember Jensen seconded the motion, which carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
***
The City Manager completed the presentation.
Councilmember Jensen inquired the requirements for drone operators.
The Police Chief responded training and a Federal Aviation Administration (FAA) certification must be obtained in order to become a drone operator; stated all operators will adhere to the drone deployment policy.
Councilmember Jensen inquired whether drone operators would be considered a new classification, to which the Police Chief responded in the negative; stated the position would be the same as any other collateral duties assigned to Officers; the use would fall under the Patrol Division; only Officers who have completed the program will be authorized to use the equipment.
Vice Mayor Daysog inquired whether other cities in the area are using drones in the proposed manner, especially for sideshow activities.
The Police Chief responded all cities in Alameda County have authorized the use of drones; stated almost all cities own drones and use the equipment for addressing sideshow activities and other critical incidents; other cities have policies similar to the proposed Alameda policy.
Vice Mayor Daysog stated the City needs to catch-up in its use of tools; the report includes a letter from United States Fish and Wildlife (USFAW)inquired whether the drone videos will be able to capture the license plate of someone involved in sideshow activity to allow the City Attorney’s Office to prosecute.
The Police Chief responded in the affirmative; stated the camera on the drones are impressive and include good zoom capabilities; staff is confident they will be able to zoom in better than the naked eye.
Councilmember Vella requested clarification on the related disclosures for drone footage; stated other cities have begun publishing footage on websites; inquired the plans for drone footage retention and sharing in Alameda.
The Police Chief responded staff intends on purging recordings every 30 days unless the footage contains evidentiary value; stated evidentiary value includes footage necessary for prosecution or related nature.
Councilmember Vella stated investigatory documents would be exempt from public disclosure as well.
The Police Chief concurred with Councilmember Vella; stated staff would not post the footage on the City website.
Councilmember Vella inquired whether staff has looked into the practices of the cities of Chula Vista, Rancho Cordova, and Berkeley.
The Police Chief responded that he has looked at Chula Vista’s policy; stated Chula Vista was one of the earlier agencies to adopt the technology; Alameda’s policy is much more comprehensive and restrictive; the policy provides direction on when the drones can be used.
Councilmember Vella inquired whether there will be a drone deployment log, to which the Police Chief responded in the affirmative.
Councilmember Vella inquired whether the log will include location and duration.
The Police Chief responded staff will create a log to document when the drone is used; stated the log would not be posted anywhere.
Councilmember Herrera Spencer stated many surveillance video cameras have signs posted indicating surveillance is occurring; inquired whether staff anticipates posting any signs to indicate the City is now using drones for surveillance, to which the Police Chief responded in the negative; stated that he can look into the possibility of posting signs.
Councilmember Herrera Spencer stated the report focuses on Alameda Point; there are other places in Alameda where sideshows have occurred; inquired whether drones could be used anywhere in Alameda.
The Police Chief responded in the affirmative; stated the goal is to use the equipment anywhere in Alameda, not just Alameda Point.
Councilmember Herrera Spencer inquired whether the drones will be used for incidents other than sideshows.
The Police Chief responded in the affirmative; stated using drones in critical incidents outside of sideshows has advantages; drones could be used in incidents with an armed individual; drone usage will likely be for high-risk incidents.
Councilmember Herrera Spencer inquired whether drones will be deployed during a protest.
The Police Chief responded staff is thoughtful in ensuring balance around the public’s right to assemble and demonstrate; drone equipment would be deployed during a riot, with the requirement of obtaining command approval.
Councilmember Herrera Spencer stated the staff report includes information regarding temporary asphalt curbs; inquired whether Council can provide feedback on the topic.
The City Manager responded Council is not voting on the curbs; stated staff is moving towards design and is open to Council direction.
Councilmember Herrera Spencer stated the proposal includes adding 20-foot-long temporary curbs at Alameda Point without a sidewalk; the color would be black asphalt and only the tips will be painted with reflective paint; expressed concerns over visibility since the reflective paint would not run the entire length of the curbs.
The Public Works Director stated a white fog line will be painted on the edge of the travel lane near the curb; at Alameda Point, the streets are concrete, not asphalt, which will cause a visual contrast between the curb and street; the tips of the curbs will be painted; the alternating paint causes increased visibility; the sections with white painted tips should solve any visibility issues.
Councilmember Herrera Spencer stated there will be a two-foot opening at the end of each twenty-foot section of curb; she has measured different mobility devices, strollers, and tricycles; the objects are often more than two-feet wide; the openings are not accessible to everyone; inquired whether staff could place a three-foot wide opening between sections instead.
The Public Works Director responded the intent of the two-foot-wide openings is for drainage, not access or crossings; stated crossings are encouraged to occur at street intersections; intersections will have ample ten-foot openings; the curb will function as a typical street with a curb and sidewalk; if pedestrians choose to cross mid-block, they will need to step off the curb onto the street; the curbs are being placed adjacent to Building 5; staff does not anticipate a lot of street crossings in the area; accessibility is being provided at intersections.
Councilmember Herrera Spencer stated bicycles are able to move between openings and will not have the same access to move out of the way of cars; discussed tricycles remaining in the street versus bicycles being able to move out of the way; inquired whether staff believes the access at the end of streets is still safe.
The Public Works Director responded the approach is similar to a typical street; a bicyclist would remain in the street until either choosing to get onto the sidewalk or waiting until there is a curb; there is no difference in the approach; people using the travel lane would remain until safe exit is possible.
Councilmember Herrera Spencer stated other streets and sidewalks are better maintained than Alameda Point; the area does not have streetlights; inquired whether staff is planning to add solar lights on West Tower Avenue in addition to the temporary curbs.
The Public Works Director responded solar would be the only option for the area due to there being no electrical infrastructure in the proposed location; stated staff will be working with the Base Reuse Department to see if lights can be mounted on the buildings versus street light poles; staff will also look into the possibility of solar streetlights on West Tower Avenue in advance of the improvements.
Councilmember Herrera Spencer expressed support for any visibility improvement for the area.
Mayor Ezzy Ashcraft stated there have been concerns related to sideshows and impacts not only at Alameda Point, but also other City streets; inquired whether the value of drones is in the use to collect more evidence once a sideshow incident is occurring.
The Police Chief responded sideshows can inherently be dangerous; stated staff has to perform crowd control and maintenance at sideshow incidents that often have many cars present; the best staffing would be to have eight Officers respond to the sideshow; it is difficult for Officers to go in and perform enforcement actions; enforcement actions escalate the potential for confrontation; APD would like to take an enforcement posture for sideshows; the law requires that a Police Officer has to witness the traffic violation occurring; drones offer Officers the ability to go in without an Officer on-site as a de-escalation tool to gather the necessary evidence and provide a case for prosecution and issuance of citations.
Mayor Ezzy Ashcraft inquired whether a drone would help to break up a sideshow event already underway.
The Police Chief responded the approach would be multi-pronged; stated APD has previously worked with other agencies about working on the outside of the event; even once Officers begin enforcement actions on the outside, there are still sideshow activities occurring on the inside; APD can uses drones to put together a case which will allow Officers to follow up, seize vehicles, issue citations, and present a case for prosecution.
Mayor Ezzy Ashcraft inquired whether the deterrent value is mostly after-the-fact; questioned whether drones might help persuade someone with an impounded vehicle as the result of prosecution not to engage in the sideshow activity in the future.
The Police Chief responded in the affirmative; stated drones serve as a deterrent; discussed the use of undercover Officers in Alameda; stated the undercover Officers were able to gather the evidence which hopefully will be gathered by drones; APD is able to put together cases and seize vehicles; the approach serves as a deterrent; the report resulted in less sideshows for months; a message of accountability is important to deter the activity.
Mayor Ezzy Ashcraft stated there is no assumption that a drone will break up a sideshow event; drones can be used to collect as much evidence as possible; discussed the proposed retention period for drone footage; inquired whether evidentiary footage would be shared with a defense attorney.
The Police Chief responded in the affirmative; stated the footage would be subject to discovery and the defense would have access.
Mayor Ezzy Ashcraft stated Council has received the information related to drones and the Biologic Opinion (BO) allowing drones where there are Least Terns; the opinion is that drones are allowed in the space for law enforcement purposes; inquired whether others using drones would be allowed to fly in the space.
The City Attorney responded that he is not aware of any particular prohibition against drone usage.
Mayor Ezzy Ashcraft stated drones typically have not been allowed in the space due to the Least Terns; inquired whether the narrow distinction can be made for law enforcement use of drones versus media outlets; questioned how drones can be distinguished from one another.
The City Attorney responded the distinction is not clear; the City is not currently engaging in drone enforcement.
The City Manager stated the prohibition in the BO is no aircraft; when the BO was drafted, drones did not exist, so it was not clear whether the term aircraft includes drones; there is some ambiguity as to whether drones are allowed; Alameda Point security discourages the use of drones; the City values its partnership with USFAW and had a biologist prepare a letter indicating drones are not thought to be covered by the BO’s aircraft prohibition; staff took an extra step to seek concurrence from USFAW that the use of drones for strict law enforcement provisions in certain areas would be permissible; USFAW agreed with staff; staff has not sought USFAW’s concurrence for allowing use of drones outside of Police.
Mayor Ezzy Ashcraft stated Least Terns will likely be unable to tell the difference between APD and media drones; there are possibilities for more drones out at Alameda Point; inquired whether APD staff would have to consult with the City Attorney’s office prior to drone deployment.
The City Manager responded the approach is not part of the policy; stated the annual review of military equipment is reviewed by the City Attorney’s office; staff also works with the Police Auditor.
The Police Chief stated staff has consulted with the City Attorney’s office; obtaining permission from the City Attorney’s office in order to deploy drones would not be practical; permission to deploy drone equipment would be provided by a Commander at APD.
Mayor Ezzy Ashcraft inquired whether the City Attorney’s office has signed off on the policy for APD’s drone use, to which the Police Chief responded in the affirmative.
Mayor Ezzy Ashcraft stated there is a list of 22 potential uses for drones; inquired how APD would handle a situation of more than two incidents warranting the use of drones occur simultaneously in the City.
The Police Chief responded APD would need to prioritize; stated each situation and incident would have to factor in situational risks to the public; drone flight times are roughly 40 minutes to 1 hour in duration; the situations would dictate where the drone would be deployed.
Mayor Ezzy Ashcraft inquired whether a drone could be borrowed from another department.
The Police Chief responded in the affirmative; stated if the situation calls for an additional drone, APD would reach out to a neighboring agency.
The City Manager stated the Police Chief requested four drones be purchased; she reduced the amount to two in-part due to the concern of multiple incidents.
Mayor Ezzy Ashcraft expressed support for the ability to monitor multiple incidents; stated that she would like to see results within one year.
Councilmember Herrera Spencer stated the City of Oakland has hardened center-line treatments as well as mini rubber speed bumps; inquired whether staff is recommending any of the listed items for Alameda.
The Public Works Director responded in the negative; stated some of the reasoning is due to the unique challenges posed by Alameda Point; Alameda Point has wide open areas; it is difficult to know what is road versus private or leased premises; the temporary asphalt curbs serve multiple purposes, such as narrowing of lanes, traffic calming, and delineation of what would be typical public right-of-way versus private property; the solution addresses a number of different aspects of reckless driving.
Councilmember Herrera Spencer inquired whether it is staff’s opinion that vehicle donuts will not be able to be performed at the intersection of West Tower Avenue and Monarch Street.
The Public Works Director responded in the affirmative; stated the intersection will become much smaller and it will be more difficult for a vehicle to spin in the intersection.
Councilmember Herrera Spencer inquired whether the private area off-road will still be accessible and people will be able to go beyond the curbs to access the open areas.
The Public Works Director responded in the affirmative; stated there will be access to some degree; planters are installed in specific areas; parking lots associated with certain buildings will remain open lots even when the curbs are installed.
Councilmember Herrera Spencer stated some of the new curbs will be placed back towards the buildings with a large opening to allow vehicles to enter and park; inquired the width of the opening.
The Public Works Director responded driveways are typically 50-feet wide; stated the opening in the curb will be 50-feet to accommodate tenants.
Expressed support for the use of drones for sideshows; discussed his experience as a Berkeley Officer during the Loma Prieta earthquake and Berkeley-Oakland hills fire: Michael Robles-Wong, Alameda.
Expressed support for an APD drone program; stated that she does not consider the drones to be military equipment, but new technology; drones could be a powerful tool for APD to monitor, surveil, and communicate; urged Council support: Shirley Clem, Alameda.
Expressed support for the delay in action on military equipment; expressed concern about the current discussion being prior to the full discussion on May 21; stated sideshows are generally misdemeanor behavior; expressed concern over an increase in surveillance for misdemeanors: Jennifer Rakowski, Alameda.
Expressed support for the matter and concern over sideshows; stated a recent sideshow caused him to shut down his business for the day resulting in a significant loss; concurred with Speaker Clem regarding drones not being miliary equipment: Tod Hickman.
Expressed concerns over the use of drones and surveillance technologies; stated using drones to increase APD presence raises the likelihood that residents will have unnecessary contact with Police: Marilyn Rothman, Alameda.
Stated the program should be evaluated in six to twelve months; APD should disclose the number of staff hours for training and use; a log would be useful for Council to assess the program; discussed program demographics and removal of the term solely: John Lindsay-Poland, American Friend Service Committee.
Expressed support for the matter; stated businesses contact the Chamber of Commerce regarding concerns about sideshows; the Chamber has held ongoing meetings with APD; the problem is not contained to Alameda Point: Kelly Lux, Chamber of Commerce.
Stated lumping drones into the sideshow matter is an issue; the topic is a point for community building; APD should take accountability and learn to build community instead of intimidation tactics; expressed concerns over metadata: Teresa Igler.
Stated advanced technology has its place in policing; there need to be additional deterrents, as well as the ability for APD to collect evidence; expressed support: Tota Mukherjee.
Expressed concerns over oppositions to APD’s use of drone technology; stated sideshows have escalated in recent years to include property damage, violent altercations, and death on occasion; drones are a minimally invasive way to deal with escalating crime: Kimberley Briggs.
Expressed concern over conflating the problem trying to be solved with drone deployment; stated sideshows are an acute problem; APD should focus on the issue; questioned whether drones would make the community safer or whether other minimally invasive methods could be implemented: Carmen Reid, Alameda.
Mayor Ezzy Ashcraft stated that the City needs to do all it can to prevent sideshow events from taking place; concurred with Speaker Briggs’s comments; stated sideshows are serious and problematic; expressed support for picking low-hanging fruit; stated Alameda Point has security and a property management company; urged unpermitted activities be reported; stated many things can be done ahead of time; expressed support for staff putting up barricades at Alameda Point and for considering comments provided by Speaker Lindsay-Poland; stated logs should be made available to Council during the annual review and the term solely should be removed from the policy; residents of Alameda Point townhouses have daily concerns over speeding; the response from staff usually involves not having funding to tackle the issues; residents have offered to raise the money for enforcement; discussed significant information reports; expressed concern over areas not qualifying for improvements or enforcement.
Councilmember Herrera Spencer concurred with Speaker Reid; inquired whether the problem being tackled relates to speeding, donuts, or parking and congregating at Alameda Point.
The Police Chief responded the threshold and criteria would be high; stated people at Alameda Point enjoying the scenery would not be met with drone enforcement; drone enforcement would be for dangerous, sideshow activity or other critical incidents.
Councilmember Herrera Spencer inquired the definition of dangerous sideshow activity.
The Police Chief responded reckless driving, spinning donuts, speeds for condition, driving on the wrong side of the road, and activity that poses an immediate public safety hazard.
Councilmember Herrera Spencer expressed support for drone usage for sideshow purposes; stated Officers have gone out to Alameda Point in advance when possible and their presence has slowed down cars; inquired whether there is a way to mark the drones or audibly indicate that the drones are being used by APD, to which the Police Chief responded that he can look into it.
Councilmember Herrera Spencer stated that she understands drones have the ability to communicate; expressed support for drones announcing it is for Police use.
The Police Chief stated staff can provide the statement as well as social media posts that APD is aware of the event urging people not to engage.
Councilmember Herrera Spencer inquired whether APD is recommending drones be authorized to use tear gas.
The Police Chief responded in the negative; stated the policy specifically states that the drones shall not be weaponized.
Councilmember Herrera Spencer inquired whether tracking staff time and training will be part of the drone policy, to which the Police Chief responded in the affirmative; stated staff will create a log that can be made available.
In response to Councilmember Herrera Spencer’s further inquiry, the Police Chief stated staff will produce the same report to Council; a log containing deployments and use of the drones could be posted.
Councilmember Herrera Spencer inquired whether the term solely can be removed, to which the Police Chief stated that he understands the intent behind the proposed change; expressed support for working with the City Attorney’s office and City Manager to produce language that ensures drones are being used appropriately; stated that he does not have any interest in technology that is focused on people’s race or protected class of any sort.
Councilmember Herrera Spencer inquired whether Council is approving a specific quantity of drones.
The City Manager responded staff is looking into the matter; stated Council is not currently making the determination; if Council approves moving forward with drones, staff will return to Council with a recommendation that includes the quantity at the May 21st meeting.
Councilmember Herrera Spencer stated the focus of drones is much broader than just sideshows; inquired whether the May 21st item will speak to all uses of drones, not just sideshows.
The City Manager responded the title of the staff report indicates other critical incidents; staff clearly outlines the incidents in the staff report; drones will likely be used throughout the City for critical incidents allowed under the policy; the policy will be Citywide, not just for Alameda Point; allowed uses will be listed in the policy.
Councilmember Herrera Spencer inquired whether it will be possible to have the title be broader, to which the City Manager responded in the affirmative.
Councilmember Herrera Spencer stated not everyone knows what critical incidents means.
Councilmember Vella expressed support for the clarification regarding log posting; stated the City of Chula Vista has posted a log online including the date, time, case or incident number, location, and a summary; the summary includes the underlying reason for deployment; drones have been used to help locate missing people and for incidents involving fleeing domestic violence; drone deployment occurs for many reasons that align with the City’s policy; Chula Vista also shows a map of where the drone has been deployed; she supports Alameda including the same details in its log; she would like to remain mindful of the amount of staff time going into tracking and reviewing drone deployments; requested clarification on what staff plans to track and how the information would be shared.
The Police Chief stated that his goal is to be transparent; expressed concern over posting drone video footage; stated a log including date, time, location, and deployment incident would be compiled and shared with the public.
Councilmember Vella stated the matter walks a line of transparency and privacy; expressed support for the best utilization of the City’s technology; stated technology could be used in a number of different places, however the drone will not be deployed for every incident; expressed support for an understanding of how many times the drone has been deployed and whether or not the use provided helpful evidence; there are a number of different ways to track efficacy of deployment; expressed concern over the amount of staff time spent on deployment and reviewing footage; stated more is not always better; expressed support for the staff time being spent on collaborating with other cities and ensuring a transparent process; concurred with Mayor Ezzy Ashcraft’s comments related to striking the term solely.
Vice Mayor Daysog expressed support for drones as a needed tool for the City; stated the equipment will help staff effectively gather evidence to deter sideshows and other incidents; expressed appreciation for APD working with concerned stakeholders to explain transparency; stated Alameda can put its best foot forward in implementing drone deployment.
Councilmember Jensen stated the matter is timely and important; expressed support for Alameda’s evaluation of drone technology; stated drones have been shown to support law enforcement; drones allow APD staff to identify situations where laws are being broken without putting Officers at risk; her concerns relate to the policy do not have anything to do with deployment by APD or AFD, but center around private recreational drones; Council has heard concerns related to the potential of drones being used to harass the protected Least Tern colony; as drone technology expands and drones become more available, individuals are increasingly using drones for illegal purposes; drones are being used at sideshows to record sideshow footage; she is aware of collisions between drones and vehicles; expressed concern over drones taking photos of children at playgrounds; stated may cities have prohibited the use of drones near playgrounds and schools; she is concerned to know that drones can and are being used to surveil people in their homes by private users.
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(24- ) Mayor Ezzy Ashcraft stated a motion is need to consider the Standards of Cover Study [paragraph no. 24- ] and final passage of the animal testing ordinance [paragraph no. 24- ] after 11:00 p.m.
Councilmember Vella expressed support for hearing final passage of the animal testing ordinance after 11:00 p.m.; stated that she would like to conclude the meeting after the matter is heard and end no later than 12:00 a.m.
Mayor Ezzy Ashcraft stated that she would also like Council to hear her nomination to the Transportation Commission.
Councilmember Vella stated that she agrees to hear both matters.
Councilmember Vella moved approval of hearing the final passage ordinance for animal testing and the Mayor’s nomination to the Transportation Commission after 11:00 p.m. and concluding the meeting by 12:00 a.m.
In response to inquiry about the Standards of Coverage report, Councilmember Vella stated that she is concerned about not being able to hear both matters in the next hour; noted Council is still deliberating the current topic.
The City Manager stated a consultant flew in to present the Standards of Coverage.
Mayor Ezzy Ashcraft stated Council is wrapping up the current discussion; inquired whether moving final passage of the animal testing ordinance to the Continued Items section of the May 21st agenda would cause issues, to which the City Manager responded in the negative.
Councilmember Herrera Spencer inquired whether the consultant for the fire report is paid hourly to be present.
The City Manager responded in the affirmative; stated the contract is based on time and materials.
Councilmember Herrera Spencer moved approval of Council hearing the fire report and the Mayor’s nomination to the Transportation Commission, while having the final passage of the animal testing ordinance continued to the May 21st meeting, with the current meeting ending no later than midnight.
Vice Mayor Daysog seconded the motion, which carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
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Councilmember Jensen expressed support for more information regarding the private use of drones when the matter returns to Council May 21st; stated a number of California cities restrict drones and she would like to establish requirements to protect residents from the improper use of recreational drones; the most important consideration is protecting first responders; she is confident that the policy regarding the procurement by APD will employ drones in a manner which protects public privacy.
Mayor Ezzy Ashcraft stated the City should also look at how to enforce a restriction on drones in public places.
Councilmember Vella concurred with Councilmember Jensen’s comments; expressed concern over conflating the current drone deployment and procurement, policy with a regulation for drone use in City airspace; expressed support for the matters being agendized separately; stated that she does not desire to restrict the use of Police drones for search and rescue or health and welfare deployments over different types of airspaces; the policies should be separate and heard separately.
Mayor Ezzy Ashcraft concurred with Councilmember Vella; inquired whether a motion by Council is needed to proceed.
The City Manager responded that she has taken notes; stated that a motion is not required.
The Assistant City Attorney stated staff can move forward based on comments provided by Council or Council can move approval of accepting the report and provide staff direction to return with an ordinance and a report on the feedback received.
Mayor Ezzy Ashcraft expressed support for Council providing direction to staff.
Councilmember Herrera Spencer concurred with Mayor Ezzy Ashcraft; stated that she would like to approve asphalt curbs.
The City Manager stated that she has heard direction from Council to return with comments being addressed in the staff report and a policy related to drones.
Councilmember Herrera Spencer stated that she understands staff will proceed with the asphalt curbs.
Councilmember Herrera Spencer moved approval of having three-foot openings between the 20-foot lengths to allow for access.
Mayor Ezzy Ashcraft stated that she will not support the motion; she will leave the technical decisions to City staff.
Councilmember Jensen stated that she will not support the motion; the agenda indicates that the curb is not an item for Council action.
Councilmember Herrera Spencer inquired the reason the matter will not be coming to Council for direction.
The City Manager responded the changes are being made with existing contracts; stated staff is trying to be expeditious with implementation and design; staff is trying to address the issue as quickly as possible; the contracts do not exceed City Manager approval authority and use existing budget.
The motion failed for a lack of second.
(24- ) Recommendation to Receive the Final Report and Recommendations from the Community Risk Assessment and Standards of Cover Study for the Alameda Fire Department.
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Mayor Ezzy Ashcraft left the meeting at 10:55 p.m. and returned at 10:58 p.m.
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(24- ) The City Manager stated staff is requesting an additional 5 minutes for the presentation.
Councilmember Jensen moved approval of allowing 5 more minutes for the presentation.
The motion failed for a lack of second.
***
The Fire Chief and Clay Steward, AP Triton, gave a Power Point presentation.
In response to Mayor Ezzy Ashcraft’s inquiry, the Fire Chief stated AFD has already addressed some of the items listed; apparatus replacement was included in the study; AFD has since purchased six apparatuses the training division has conducted a safety inspection at Station 5; concerns are being addressed and a new sewer line has been installed; the Public Works Department and East Bay Municipal Utility District are working to upgrade the water supply and fire hydrants at Alameda Point; fire safety concerns have been addressed as identified, as quickly as possible; seismic stability will need to be looked at long-term; the Station 4 dormitory remodel should be finalized in the next month.
Mayor Ezzy Ashcraft stated the report noted AFD is creating an implementation strategy; inquired the timeline for the strategy and how AFD will prioritize recommendations.
The Fire Chief responded staff will break recommendations down into two sections; policy and operations change quickly; within the next year, staff will do further analysis and determine how to implement discussions about fire stations, infrastructure, Station 5, and a new training division; the matters are not inexpensive and will require serious discussion and analysis.
Mayor Ezzy Ashcraft stated the City is discussing an infrastructure bond; inquired whether some of the matters listed are included to be covered under the bond.
The City Manager responded in the affirmative; stated staff is discussing fire facilities, improvements, and potential new stations to help ensure great service and response times are maintained.
Mayor Ezzy Ashcraft inquired whether the order of items listed in the presentation would be the order AFD addresses items.
The Fire Chief responded in the negative; stated staff will need to perform a deep dive into the list and find which to prioritize; the process will require analysis and the decision will not be quick.
Mayor Ezzy Ashcraft stated one of the policy recommendations is to identify all commercial properties and target hazards; the City does not know where all commercial properties are and what contents exist; the unknown can be dangerous; inquired whether the topic is of high priority.
The Fire Chief responded in the affirmative; stated the matter is in-progress and is a critical item; all findings tied to fire prevention are coming down to technology and the need to improve AFD’s database; discussed AFD being understaffed; stated understaffing left a gap for ten years and enhanced technology was not being used; AFD needs to get up-to-date with technology; the improvement will help fix a lot of the items identified in the recommendations; once AFD has the proper technology and database in place with correct data pulled from Alameda County, needed inspections will be able to be identified.
Councilmember Jensen stated West End Stations 2 and 5 are in need of improvements; Station 2 shows a definite need with the potential to delay response time; requested clarification about the configuration needs.
The Fire Chief stated Station 2 is 100 years old; apparatuses have become larger over the years; the space is tight; discussed ambulance, truck and engine parking logistics to allow for the best response; stated many stations have three apparatuses in order to expedite responses.
Councilmember Jensen inquired whether there is a likelihood for reconfiguration, to which the Fire Chief responded in the negative; stated the footprint for Station 2 is not big and remodeling the Station would be major.
Councilmember Jensen inquired whether Oakland Fire Department is the only other agency that provides mutual aid for Alameda.
The Fire Chief responded in the negative; stated Alameda County has a master mutual aid plan which is built out for all parts of the County; ; Oakland is Alameda’s closest resource and usually arrives first when possible; the next aid layer is Berkeley and Alameda County Fire, which have slower responses; Oakland is experiencing budget restraints and station closures that will likely impact the ability to provide aid to Alameda.
Councilmember Jensen stated Oakland mutual aid is 5 units based on the staff report; inquired whether Oakland has a policy for only 5 units being deployed for mutual aid to Alameda; Oakland provided aid during a Webster/Posey Tube fire; inquired the number of units used for the response.
The Fire Chief responded there is mutual and automatic aid; stated there are shared jurisdictional boundaries; the Tube is a shared jurisdictional boundary; half is in Oakland and half is in Alameda; the response was standard for Alameda; both agencies will send resources to the incident and have a unified command; Oakland has a 5-unit policy as the maximum amount to be provided for mutual aid; the policy is written into the County plan.
Councilmember Herrera Spencer inquired whether the upgrades to Stations 2 and 5 would return to Council for a full presentation, to which the City Manager responded in the affirmative.
Mayor Ezzy Ashcraft expressed support for the format of the report.
Councilmember Vella moved approval of the staff recommendation.
Councilmember Jensen seconded the motion.
Under discussion, Councilmember Herrera Spencer inquired whether Council approval of the report does not include agreeing to any of the substantive recommendations, to which the City Manager responded in the affirmative.
On the call for the question, the motion carried by the following roll call vote: Vice Mayor Daysog: Aye, Councilmembers Herrera Spencer: Aye, Jensen: Aye, Vella: Aye and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
CONSENT CALENDAR - ITEMS REMOVED FOR DISCUSSION
(24- ) Final Passage of Ordinance Amending the Alameda Municipal Code by Adding Section 7-9.9 (Animal Testing Ban) to Article 7-9 (General Provisions) of Chapter VII (Animal Control) to Prohibit Animal Testing and Experimentation on Property Owned or Controlled by the City of Alameda in its Proprietary Capacity. Continued to May 21, 2024.
CITY MANAGER COMMUNICATIONS
(24- ) The City Manager announced information, including a survey, being provided to Alameda voters about infrastructure needs; discussed project feedback for the draft Americans with Disabilities Act Plan and the update to the City’s Climate Plan; announced upcoming preventative maintenance at the Port of Oakland’s airport primary runway; outlined an upcoming joint Alameda Recreation and Parks and City Council meeting at the proposed aquatic center site; announced the upcoming Bike to Wherever Day.
Councilmember Jensen requested information be provided about cloud brightening.
The City Manager stated the cloud brightening at the USS Hornet has been halted; a partnership had been formed with the Hornet and the University of Washington for a cloud brightening experiment to test technology that was spraying sea water into the air for testing and future potential use; the City requested the Hornet halt the experiment; information has been provided regarding biological and human health impacts; the matter will be brought to Council for determination and consent on June 4th.
In response to Mayor Ezzy Ashcraft’s statement related to information provided, the City Attorney stated staff has mailed written documents asking the Hornet and University of Washington to commit in writing that they are complying with the City’s direction that they are not to engage in any experimentation without obtaining approval from the City Council.
ORAL COMMUNICATIONS, NON-AGENDA
(24- ) Tod Hickman expressed concerns over a recent Planning Board meeting regarding Natel, its effect on his nearby business, and meeting notices.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(24- ) Councilmember Herrera Spencer provided recent Police reports; discussed attending an event hosted by the USS Hornet and University of Washington, at the Business Excellence Awards hosted by Urban Cellars, a community meeting regarding Dignity Village, an APD report on military equipment at the West End Library and Building Future’s fundraiser at Nido’s Backyard.
(24- ) Councilmember Jensen discussed attending the community meeting for Dignity Village, the Business Excellence Awards, and an event at the Encinal Yacht Club.
(24- ) Vice Mayor Daysog discussed attending the AC Transit Inter-Agency Liaison Committee (ILC) Meeting, a ceremony for the 96th senior division golf champion, and presentation of the Coast Guard Island civilian employee of the quarter: Alita Beckmann and the enlisted person of the quarter: Jason Troup.
(24- ) Mayor Ezzy Ashcraft discussed AC Transit realignment quarterly meetings; attending the Mastick Senior Center volunteer luncheon event, a League Board of Directors Meeting, and her visit to Sister City Varazze, Italy.
(24- ) Councilmember Herrera Spencer discussed volunteering at Coast Guard Island for the Bay Area rowing challenge, and the Friends of Alameda Animal Shelter (FAAS) fundraiser; outlined participating in a run for the hospital foundation.
(24- ) Mayor's Transportation Commission Nomination.
Mayor Ezzy Ashcraft nominated Jason Kim for appointment to the Transportation Commission.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:41 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.