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CityCouncil,2015-09-01,1,"358
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - - SEPTEMBER 1, 2015- -7:00 P.M.
Mayor Spencer convened the meeting at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers Daysog, Ezzy Ashcraft, Matarrese,
Oddie and Mayor Spencer - 5.
[Note: Councilmember Daysog arrived at 7:01 p.m. and
Councilmember Ezzy Ashcraft arrived at 7:02 p.m.]
Absent:
None.
AGENDA CHANGES
(15-496) The City Manager suggested the Wetlands Bank matter [paragraph no. 15-
526 be heard on October 6th
Mayor Spencer pulled the CSG Consulting Agreement item [paragraph no. 15-505 for
discussion.
Councilmember Daysog pulled the Quarterly Sales Tax Report item [paragraph no. 15-
502] for discussion
Councilmember Ezzy Ashcraft suggested that the Sunshine Ordinance amendments
[paragraph no. 15-521 be heard at the end of the regular agenda.
Mayor Spencer summarized the changes, including the items removed from the
Consent Calendar.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(15-497) Proclamation Declaring September 1, 2015 as Housing Authority Appreciation
Day for 75 Years of Service to Lower Income Alameda Residents.
Mayor Spencer read and presented the proclamation to the Housing Authority Executive
Director and Art Kurrasch and John McCahan, Housing Authority Board of
Commissioners.
(15-498) Proclamation Declaring September 1, 2015 as Alameda Fights Back Day to
Promote Awareness of the Fight Against Cancer and the Alameda Relay for Life.
Mayor Spencer read and presented the proclamation to Jess Nelson, Deanna Huie, and
Anne Marie Fourre, Relay for Life.
ORAL COMMUNICATIONS, NON-AGENDA
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(15-499) Jim Hager, Alameda, discussed lighting concerns at Harbor Bay related to VF
Outdoors.
CONSENT CALENDAR
Mayor Spencer announced the sales tax report [paragraph no. 15-502], the plan check
agreement [paragraph no. 15-505], and the ordinances regarding rents [paragraph nos.
15-516 and 15-517 were removed from the Consent Calendar for discussion.
Vice Mayor Matarrese moved approval of the remainder of the Consent Calendar.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the
paragraph number.]
(*15-500) Minutes of the Regular City Council Meeting Held on July 7, 2015; the
Regular
City Council Meeting Held on July 16, 2015; and the Special and Regular City Council
Meetings Held on July 21, 2015. Approved.
(*15-501) Ratified bills in the amount of $8,938,594.14.
(15-502) Recommendation to Accept the Quarterly Sales Tax Report for the Period
Ending June 30, 2015 Collected During the Period January 1, 2015 to March 31, 2015.
The Finance Director gave a brief presentation.
Councilmember Daysog commented on two of the top sales tax generators at the
Harbor Bay Business Park.
Vice Mayor Matarrese moved approval of the staff recommendation.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
(*15-503) Recommendation to Accept the Treasury Report for the Quarter Ending June
30, 2015. Accepted. [330-50]
(*15-504) Recommendation to Authorize the City Manager to Enter into a Purchase
Agreement not to Exceed $130,452 for the Replacement of One Americans with
Disabilities Act (ADA) Bus for the Paratransit Program. Accepted.
(15-505) Recommendation to Authorize the Interim City Manager to Execute an
Agreement with CSG Consulting Services for Professional Plan Check Services for a
12-Month Term in an Amount not to Exceed $300,000.
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In response to Mayor Spencer's inquiry, the Community Development Director stated
25% of Alameda's projects are complicated and need to go to outside engineers for
plan check services; CSG Consulting is the same plan check service the Fire
Department uses; there is no impact to the General Fund; the position may be
underfilled with a plans examiner; Alameda has an efficient model in place based on
analysis.
Mayor Spencer inquired whether the City has engineers on staff, to which the
Community Development Director responded in the negative; stated the Planning
Department does not have a structural engineer.
Mayor Spencer stated she prefers to have one engineer as part of our staff, counter to
what the plan currently is; letters to the editor were sent regarding City engineers.
The Interim City Manager stated the letters to the editor were regarding Public Works
engineers, not Planning Department engineers.
The Community Development Director stated it is more efficient to have access to
multiple structural engineers during busy period; certified plans examiners are what is
needed internally.
Councilmember Ezzy Ashcraft moved approval of the staff recommendation.
Councilmember Daysog Ashcraft seconded the motion, which carried by the following
voice vote: Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4.
Noes: Mayor Spencer - 1.
(*15-506) Recommendation to Accept the Work of Rosas Brothers Construction for the
Repair of Concrete Sidewalk, Curb, Gutter, Driveway, and Minor Street Patching, FY14-
15, Phase 15, No. P.W. 04-15-08. Accepted.
(*15-507) Recommendation to Award Three Separate Contracts in the Amount of
$75,000 Each (Total Expenditure of $225,000) to the Following Providers: Salas
O'Brien, YEI Engineers, Inc., and Schaaf & Wheeler, for On-Call Mechanical
Engineering Services. Accepted.
(*15-508) Recommendation to Award Three Separate Contracts in the Amount of
$75,000 Each (Total Expenditure of $225,000) to the Following Providers: Salas
O'Brien, YEI Engineers, Inc., and The Engineering Enterprise, for On-Call Electrical
Engineering Services. Accepted.
(*15-509) Recommendation to Amend the Term of the Contract for Brown Reynolds
Watford (BRW) Architects to Provide Professional Services for the Design, Construction
Documents, and Contract Management for the Emergency Operations Center/Fire
Station 3. Accepted.
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(*15-510) Recommendation to Award a Contract in the Amount Not to Exceed $305,698
to AECOM Technical Services, Inc. for Containment, Off-Haul, Disposal, and Reporting
of Hazardous Soil at the Project Site of the Emergency Operation Center/Fire Station 3,
1809 Grand Street. Accepted.
(*15-511) Recommendation to Award Two Separate Three Year Contracts with up to
Two Optional Three Year Extensions to Kaiser Permanente Medical Center in an
Amount Not to Exceed $200,000 for City of Alameda Occupational Medical Services
and to Preferred Alliance, Inc., in an Amount Not to Exceed $30,000 for Drug Testing
Services
in Conjunction with Services Provided by Kaiser Permanente Medical Center (Total
Expenditure of $230,000). Accepted.
(*15-512) Resolution No. 15069, ""Amending the Electric Utility Professionals
of
Alameda (EUPA) Salary Schedule Establishing the Classifications of Utility Analyst and
Utility Project Manager. Adopted.
(*15-513) Resolution No. 15070, ""Amending the City of Alameda Executive
Management (EXME) Compensation Plan to Eliminate the Classification of
Administrative Services Director."" Adopted; and
(15-513A) Resolution No. 15071, ""Approving Workforce Changes in the Human
Resources Department,"" Adopted.
(*15-514) Resolution No. 15072, ""Electing to be Subject to the Public Employees'
Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants to
Include Non-Represented, Part-Time Employees into the CalPERS Public Employees
Medical and Hospital Care Act (PEMHCA) Health Program Due to the Employer Shared
Responsibility Provision ""Pay or Play"" Rule of the Affordable Care Act ""ACA"". Adopted.
(*15-515) Resolution No. 15073, ""In Support of New Sustainable Funding for State and
Local Transportation Infrastructure by the State of California."" Adopted.
(15-516) Ordinance No. 3131, ""Amending the Alameda Municipal Code by Adding
Article XIV to Chapter VI Concerning the Review of Rent Increases.' Finally passed.
(15-517) Ordinance No. 3132, ""Amending the Alameda Municipal Code by Adding
Section 2-23 to Article II Concerning the Creation of a Rent Review Advisory Committee
(RRAC).' Finally passed.
Mayor Spencer requested the rent increases and RRAC ordinances be address
together.
Outlined her rent increases; urged Council to implement a law to protect residents: Ute,
Alameda.
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Expressed concern over Alameda residents being displaced: Barbara Duncan,
Alameda.
Expressed concern over Section 6-56.10, which prevents landlords from implementing
rent increases for one year for failure to appear: Doug Smith, Rental Property Owner.
Outlined rent control benefits: Garfield Kincross, Alameda.
Outlined a suggestion to modify the ordinance which he submitted in a letter dated
August 13th: Steven Pahl, California Apartment Association.
Stated she is a retired teacher and had to have her daughter co-sign to get a lease in
Alameda; urged Council to find out what is working in other cities: Karen Wald,
Alameda.
Stated people with disabilities are greatly impacted and have a more difficult time
moving: Patricia Nash, Alameda Renters Coalition (ARC).
Stated that she would like to see an ordinance passed; the ordinance does not address
30 and 60 day notices to vacate; renters are concerned the ordinance will not do
enough; the conversation needs to continue: Angela Hockabout, ARC.
Stated people are being evicted so landlords can double rents: Jason Buckley,
Alameda.
Encouraged not taking a one size fits all approach; urged balance: Grover Rudolf.
Stated his apartment was just purchased and he just received notice of a 30 to 50% rent
increase; outlined his history of managing the property: Gary Barlow, Alameda.
Urged the Council to do something to address rent increases: Sawar and Lucia Tariq,
Alameda.
Submitted a letter; outlined his concerns with Section 6-56.10; urged the Section be
placed on hold and reviewed: John Sullivan, Alameda.
Outlined her recent rent increases; stated that she feels like she is being asked to leave:
Linda Weinstock, Alameda.
Read a letter on behalf of a real estate broker outlining concerns over rent increases:
Arminda Graca, Alameda.
Outlined the lifestyle changes she has had to make to pay her rent increases: Stephanie
Chenard, Alameda.
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Outlined a letter she received about her apartment building being purchased, including
new requirements to pay garbage, sewer and water; a 50% rent increase; and
renovations to her patio, but she does not have a patio; shared a picture of sewer back
up in her bathroom: Crystal Felder, Alameda.
Expressed support for the ordinance; stated the ordinance should go further and
landlords should be watched; reviewed correspondence submitted regarding the
agenda item: John Klein, Alameda.
Stated that she rents the unit she lives next to and would like some consideration given
to buildings under four units: Lisa Brown, Alameda.
The Community Development Director gave a brief presentation.
Councilmember Ezzy Ashcraft stated the speakers gave emotional testimony;
requested a report at the end of the year on what other cities are doing to address the
rent increase problems.
The Community Development Director responded that staff will be looking at best
practices and impacts of rent increases and provide a report to Council.
Councilmember Oddie stated that he understands all the issues raised; housing is a
basic need; it is disappointing that the issue came to the Council and has taken 15
months to get going; there is a larger problem; apologized to tenants, stated the needle
is not moving to where it needs to be; landlords do not have to mediate, they just have
to show up; Council has not really done anything to stop egregious rent increases; there
is no teeth to the ordinance; if there is a bigger pattern of massive increases, the
Council will be forced to act; if citizens put something on the ballot, it will be far worse
than what is going on now.
Councilmember Ezzy Ashcraft concurred with Councilmember Oddie; stated the rent
increase reports are alarming; it is not a level playing field; she is moved and impressed
with so many citizens; encouraged landlords to make a difference; agreed with Angela
Hockabaout that the ordinance is a ""good first step, but should not be the last"".
Councilmember Daysog stated the ordinance is a first step, and he would ultimately like
to take stronger steps; he would like to see specific language on just cause evictions
and a moratorium on rent increases; Alameda will lose the working class flavor if
something is not done; the rent increases is a crisis; he looks forward to passing the
ordinance, but also to specific action in the future.
Vice Mayor Matarrese stated changes should be evaluated in the next six months; there
is no reason to delay as stories are getting worse; the Council has to protect citizens in
manner of fairness; he has heard that Santa Rosa is looking at rent control; Council has
to act fairly or there will be a ground swell of action.
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Councilmember Daysog moved final passage of the first ordinance [adding Article XIV
to Chapter VI concerning the review of rent increases].
Councilmember Oddie seconded the motion.
Under discussion, Mayor Spencer stated Council has received emails and other
communications about landlords using another tactic and charging utilities; inquired
whether utilities can be included in the definition of base rent.
The Assistant City Attorney responded in the negative; stated if changes are made
tonight, the ordinance would have to be reintroduced and have a second reading; the
report brought back in December could fine-tune the definition.
Mayor Spencer thanked Jeff Cambra and the people who participated in multiple
hearings; stated there is a change in the landscape; she has been renting the same
home for 16 years; the approach is trying to address all renters; encouraged review of
Costa Hawkins and for people to participate in the process.
On the call for the question, the motion carried by unanimous voice vote - 5.
Councilmember Ezzy Ashcraft moved final passage of the ordinance creating the
RRAC.
Councilmember Daysog seconded the motion, which carried by unanimous voice vote -
5.
***
Mayor Spencer called a recess at 8:47 p.m. and reconvened the meeting at 8:58 p.m.
and announced that the Sunshine Ordinance amendments [paragraph no. 15-521
would be continued to October 6th
***
(*15-518) Ordinance No. 3133, ""Amending the Alameda Municipal Code by Deleting
Section 25-2.4 Concerning the Accrual Of Sick Leave By Part Time Employees.' Finally
passed. [360-50]
(*15-519) Ordinance No. 3134, ""Approving and Authorizing an Option and Purchase
Agreement Between the City of Alameda and Alameda Housing Authority and
Authorizing the Interim City Manager to Execute All Necessary Documents."" Finally
passed. [NF: 600-30]
REGULAR AGENDA ITEMS
(15-520) Resolution No. 15074, ""Appointing Arnold Brillinger as a Member of the
Commission on Disability Issues."" Adopted;
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(15-520A) Resolution No. 15075, ""Reappointing Susan Deutsch as a Member of the
Commission on Disability Issues."" Adopted;
(15-520B) Resolution No. 15076, ""Appointing David Mitchell as a Member of the
Planning Board.' Adopted;
(15-520C) Resolution No. 15077, ""Appointing Sandy Sullivan as a Member of the
Planning Board.' Adopted;
(15-520D) Resolution No. 15078, ""Reappointing Daniel Hoy as a Member of the Public
Art Commission."" Adopted;
(15-520E) Resolution No. 15079, ""Appointing Ronald Limoges and as a Member of the
Recreation and Park Commission."" Adopted;
(15-520F) Resolution No. 15080, ""Appointing Adam Trujillo as a Member of the
Recreation and Park Commission."" Adopted;
(15-520G) Resolution No. 15081, ""Reappointing Chris Miley as a Member of the
Transportation Commission."" Adopted.
Read a letter she submitted regarding a Planning Board applicant: Dania Alvarez,
Alameda.
Expressed support for Dania Alvarez: Walt Jacobs, Alameda.
Expressed concern over the process for incumbents; outlined the history of incumbents
being reappointed; expressed support for Dania Alvarez: Lorre Zuppan, Planning Board.
Expressed appreciation for Dania Alvarez; discussed the process; urged the Council to
take ownership of making appointments: John Knox White, Planning Board.
Expressed support for Dania Alvarez: Larry Witte, Alameda.
Discussed past vacancies on the Planning Board; urged Council to keep Dania Alvarez
on the Planning Board: Krisoffer Koster, Planning Board.
Expressed his support for Dania Alvarez and expressed concern over previous Mayoral
appointees not being reappointed: Mike Henneberry, Planning Board.
Expressed support for Dania Alvarez and urged she be reappointed: Nancy Gordon,
Alameda.
Councilmember Oddie stated that he requested the Planning Board nominees be
present to answer questions for due diligence; moved adoption of the resolutions
appointing the members of the Commission on Disability Issues, Public Art
Commission, Recreation and Park Commission and Transportation Commission.
Vice Mayor Matarrese seconded the motion.
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Under discussion, Mayor Spencer stated that she would like to exclude the
Transportation Commission reappointment.
Councilmember Ezzy Ashcraft stated there is a motion on the floor and called for the
question.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4. Noes: Mayor
Spencer - 1.
Councilmember Oddie asked questions of the two Planning Board applicants.
Councilmember Daysog stated that he would have preferred Dania Alvarez to be
reappointed; asked a question of the Planning Board applicants.
Councilmember Ezzy Ashcraft asked a question of Ms. Sullivan.
Mayor Spencer stated the questions reminded her why she nominated the Planning
Board applicants.
Vice Mayor Matarrese asked a question of the Planning Board applicants.
Councilmember Ezzy Ashcraft stated she has known Dania Alvarez a long time; she is
troubled that Ms. Alvarez is not being reappointed to the Planning Board and that Mayor
Spencer wants to appoint people who share her own political perspective; she would
want qualified individuals who would render objective decisions rather than voting the
way the Mayor would want them to in order to be reappointed; similar sentiments were
shared by members of the public and other board and commission members; she would
like the Mayor's decision to be reversed and reappoint Ms. Alvarez; failing that, Council
should make a careful decision about tonight's vote.
Councilmember Oddie stated that he is distressed that Ms. Alvarez was not
reappointed; she has an independent voice; all other members of Planning Board
agreed that Ms. Alvarez should not be replaced; he appreciates all applicants;
presented options, including: appointing both nominees, choosing one only one
nominee, or rejecting both nominees.
Mayor Spencer stated that she appreciates Ms. Alvarez's service over two years; she
interviewed everyone who applied to the commission; she attends many board and
commission meetings, listens to the public, and tries to make very balanced
nominations; it is not true that she did not reappoint anyone from the prior
administration; Councilmember Ezzy Ashcraft's comment about choosing people based
on her political views is not true; applications are public information; she appreciates
that Councilmember Oddie asked questions of the two nominees, it reminded her why
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she nominated them; she stands by her nominations and hopes Council will support
her.
Councilmember Daysog stated that he is saddened that Ms. Alvarez is not being
reappointed; the Charter is clear about the process; the Mayor chooses the nominees;
whether there is a political agenda or not, the consequence comes with the territory;
although he prefers Ms. Alvarez stay on the Planning Board, he is prepared to support
the Mayor's nominations.
Vice Mayor Matarrese stated there has been good discussion regarding qualifications;
the nominees are qualified; he appreciates Councilmember Oddie's initiative to have the
public hear the nominees present themselves; he is confident the nominees can make
discretionary decisions on the Housing Element and Density Bonus; it is healthy to have
new faces on the Board and he would like to move forward.
Councilmember Daysog moved adoption of the resolutions appointing Ms. Sullivan and
Mr. Mitchell.
Vice Mayor Matarrese seconded, the motion which carried by the following voice vote:
Ayes: Councilmembers Daysog, Matarrese and Mayor Spencer - 3.
Noes:
Councilmembers Ezzy Ashcraft and Oddie - 2.
The City Clerk administered the Oath of Office to Mr. Brillinger, Ms. Sullivan, Mr.
Mitchell and Mr. Miley.
(15-521) Introduction of Ordinance Amending the Alameda Municipal Code by
Amending Various Sections of Article VIII (Sunshine Ordinance) in Chapter Il
(Administration) and Adding New Sections 2-90.3, 2-90.4 and 2-91.18 Concerning Local
Standards to Ensure Public Access to Public Meetings and Public Records. [Not heard.]
Following the 8:47 p.m. recess, Mayor Spencer announced the matter would be moved
to October 6, 2015.
(15-522) Summary: Review of 100-Room Hotel Development at the Harbor Bay
Business Park.
Public Hearing to Consider (1) an Appeal by UNITEHERE! Local 280 Challenging the
Planning Board's Approval of Final Development Plan and Design Review for
Construction of a 100-Room Hotel at 2350 Harbor Bay Parkway, (2) Mayor Spencer's
Call for Review of the Planning Board Action, and (3)
(15-522A) Resolution No. 15082, ""Upholding the Planning Board Resolution PB-15-16
Approving a Final Development Plan and Design Review to Allow the Construction of a
100-Room Hotel on the Harbor Bay Business Park Shoreline at 2350 Harbor Bay
Parkway (PLN14-0305)."" Adopted.
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Vice Mayor Matarrese stated that he was recusing himself and left the dais.
The City Planner gave a Power Point presentation.
Councilmember Oddie inquired whether the option for hotel parking is near Gardner
preschool, to which the City Planner responded in the affirmative.
Mayor Spencer inquired what the lease radius is, to which the City Planner responded
1000 feet.
Councilmember Oddie inquired whether it is possible to be stuck with an empty building
if the owner is unable to get a lease, to which the City Planner responded it is
theoretically possible; stated an easy fix is Council can change the condition so that the
trigger is building permit, not occupancy.
Councilmember Ezzy Ashcraft inquired whether the disadvantages of a dedicated
asphalt lot will be discussed.
The City Planner responded the Planning Board took six months to approve the plan;
the issue of shared and permanent parking came up; the Planning Board determined
there was enough space on the site to not require another site to be paved over as
another lot.
Councilmember Oddie noted that neighbors are not yet aware there may be a parking
lot next to their homes; they may come to the Council with light pollution issues; inquired
what are the options to keep the project moving if Council does not choose a permanent
parking lot.
The City Planner responded that he recommends the Council direct staff to change the
condition on the parking plan; certain things need to happen before a building permit
can be issued: property purchase, parking lot design and lighting, anddesign review
approval; if there is no design review approval, the project would have to come back to
Council.
***
(15-523) Mayor Spencer announced a motion is needed to considering the remaining
agenda items.
Councilmember Ezzy Ashcraft moved approval of considering the remaining items.
Councilmember Oddie seconded the motion, which carried by the following voice vote:
Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4. Noes: Mayor
Spencer - 1.
***
The City Planner completed his presentation.
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Mayor Spencer inquired whether the project is directly on the water, to which the
Assistant City Attorney responded in the negative; stated there is a pathway between
the structure and the water.
In response to Mayor Spencer's inquiry, the City Planner stated the Balboa Park case is
important because the court stated the structure is surrounded by a park which is urban
use; in Alameda's case, the building is surrounded by business offices and an urban
park which is considered urban use.
Mayor Spencer inquired whether the project is an appropriate exemption to CEQA, to
which the City Planner responded in the affirmative.
Councilmember Ezzy Ashcraft inquired whether the exemption would have applied to
the Hampton Inn, to which the Assistant City Attorney responded in the affirmative.
Mayor Spencer inquired how many floors the Hampton Inn has, to which the Assistant
City Attorney responded that she does not know but will find out.
In response to Mayor Spencer's inquiry, the City Planner stated the current project is a
five-story building at 63 feet and there are no other buildings in the area that are 63 feet;
the height limit for the project is 100 feet, which is in the zoning for the Harbor Bay
Business Park adopted in the early 1980's.
Mayor Spencer inquired whether Council could revisit the building height issue to which
the City Planner responded in the affirmative; stated the development agreement
expires in 2019 and Council can address the height issue at that time.
Discussed issues that have been addressed with VF Outdoors; expressed concern over
the hotel impacts, including traffic, parking and lighting: Gary Thompson, Alameda.
Urged the appeal be rejected; outlined the need for the hotel: Kari Thompson, Chamber
of Commerce and Alameda resident.
In response to Mayor Spencer's inquiry, the Assistant City Attorney stated a reason
does not have to be specified when filing an appeal; stating a reason implies taking a
position on the project.
Councilmember Ezzy Ashcraft inquired how would Councilmembers prepare to address
an appeal when they do not know the grounds for the appeal.
The Assistant City Attorney responded an appeal is different than calling something for
review; stated Unitehere! had a detailed letter when they filed their appeal.
The City Attorney stated it is a de novo review on a call for review, which means
anything can be addressed in the review.
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Councilmember Oddie inquired whether other issues can be addressed that were not
brought up in the appeal.
The City Attorney responded there are two issues: an appeal by Unitehere on a specific
matter, and the call for review by the Mayor, which opens up the entire issue for review.
Expressed support for the project; discussed business travel: Robert Sanger, Marriott.
Expressed his support for the applicant; stated that he has experience and has not seen
parking be a problem: Chris Clark, Texas.
Stated meeting space is needed; Penumbra tells employees to use shuttles: Joy Bose,
Penumbra.
***
(15-524) Mayor Spencer stated a motion is needed to continue the meeting past 11:00
p.m.
Councilmember Ezzy Ashcraft moved approval of continuing the meeting.
Councilmember Daysog seconded the motion, which carried by the following voice vote:
Ayes: Councilmembers Daysog, Ezzy Ashcraft, Matarrese and Oddie - 4. Noes: Mayor
Spencer - 1.
***
Stated that he submitted a letter and resolution from the Business Park Board;
discussed the California Environmental Quality Act (CEQA): Daniel Reidy, Harbor Bay
Business Park.
In response to Mayor Spencer's inquiry regarding CEQA, the City Planner stated a new
CEQA exemption was used on top of the EIR, which was backed by environmental
studies done this year.
Mayor Spencer inquired whether the CEQA addresses traffic impacts, to which the City
Planner responded in the affirmative.
In response to Mayor Spencer's inquiry, the City Planner stated staff determined the
traffic generated by the hotel would be much less than what was originally assumed to
be on the site and in the business park.
Expressed concern over jobs and the employer; discussed the reason for the appeal as
outlined in the letter from Corey Briggs: Ty Hudson, Appellant.
Stated the exemption is not being used appropriately; outlined concerns about the hotel:
Pat Lamborn, Alameda and UNITEHERE.
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Expressed concern over appeal trying to use CEQA to stop the project; discussed
parking, building height and lighting; urged the project move forward: Michael
McDonough, Chamber of Commerce.
Outlined her positive experience as a union hotel worker; expressed concern over the
hotel not being union run: Maria Aguilar, UNITEHERE.
Expressed concern over traffic and hotel employees not having benefits, vacation, sick
and holiday pay: Melody Li, Alameda resident and UNITEHERE.
Discussed the quality of jobs at non-union hotels; expressed concern over parking;
questioned why the lease has not been secured: Wei-Ling Huber, UNITEHERE.
Outlined his concerns about the project, including the site being too small to
accommodate the hotel: Mike Henneberry, Alameda.
Stated the Association Board has concerns over the appeal, when the project complies
with the Planned Development and meets all requirements; the Bay Area Conservation
and Development Commission (BCDC) approved the project: Joe Ernst, Harbor Bay
Business Park Association.
In response to Councilmember Oddie's inquiry, the City Planner stated the applicant
would not be able to open without a lease; staff has been assured that the applicant can
get the lease; if she has a problem, she should not build the hotel; staff has never
required an executed lease.
Councilmember Oddie inquired whether light pollution would be an issue, to which the
City Planner responded in the negative; stated there is no lighted signage on top of the
hotel; a lighting plan will be submitted with building permits.
Teresa Ruiz, SB Architects, addressed the Council regarding lighting; stated a staff
member could do a final approval on site.
Mayor Spencer recommended bifurcating the two votes on the item.
Councilmember Oddie moved approval of denying the appeal called on CEQA grounds.
Councilmember Ezzy Ashcraft seconded the motion.
Under discussion, Mayor Spencer stated significant issues were raised regarding CEQA
which warrants more than an exemption; she does not support the City waiving
something very critical.
The Interim City Manager clarified the traffic analysis on the project was done in 2014.
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On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Daysog, Ezzy Ashcraft and Oddie - 3. Noes: Mayor Spencer - 1.
[Absent: Vice Mayor Matarrese - 1.]
Councilmember Oddie expressed that he would rather remand the matter back to the
Planning Board, but would support the motion in order to have conditions added.
Councilmember Ezzy Ashcraft moved adoption of the resolution documenting the
Council action for 2350 Harbor Bay Parkway with the conditions or additional tasks that
Council has given staff to address.
The Interim City Manager stated the tasks should be included in the record.
Councilmember Oddie clarified the additional tasks include that the parking is resolved
either with a signed contingent lease or some other executable contract.
The City Planner stated the condition is there be an executed lease prior to building
permit.
Councilmember Oddie stated the lease would be for 24 hour lease parking or an
approved parking lot that has gone through the Design Review process.
Councilmember Ezzy Ashcraft clarified that her motion does not include paving over
something to just be a parking lot.
Councilmember Oddie stated Council should be clear a parking lot is not desired.
Councilmember Ezzy Ashcraft stated she means lease-shared parking.
Councilmember Oddie stated if it does not get approved, there is no project.
Councilmember Ezzy Ashcraft concurred; stated the ball is in the applicant's court.
Councilmember Oddie clarified the lighting issue is also included in the motion.
Councilmember Daysog inquired whether the applicant could return to Council if the
lease is not done, to which the City Planner responded in the affirmative; stated the
applicant could ask Council to reconsider the motion.
The City Planner stated that he has been talking to the architect; the lighting has to be
reviewed.
Councilmember Ezzy Ashcraft clarified what Council wanted addressed is avoiding the
impact on the neighbors.
The City Planner stated there is no need to uplight the building.
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By consensus, on the call for the question, the motion carried by the following voice
vote: Ayes: Councilmembers Daysog, Ezzy Ashcraft and Oddie 3. Noes: Mayor
Spencer - 1. [Absent: Vice Mayor Matarrese - 1.]
Mayor Spencer called a recess at 12:12 a.m. and reconvened the meeting at 12:19 a.m.
(15-525) Public Hearing to Consider the Planning Board's Recommendation to Approve
a Vesting Tentative Map and Density Bonus Application to Permit Construction of 52
Units on a 2.78 Acre Parcel Located at 2100 Clement Avenue, and
(15-525A) Resolution No. 15083, ""Approving Vesting Tentative Map 10305 and Density
Bonus Application for the Development of 52 Homes on 2.78 Acres of Land at 2100
Clement Avenue."" Adopted. The Proposal is Categorically Exempt from Review Under
the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section
15332 Infill Development Projects.
The City Planner gave a brief presentation.
Mayor Spencer left the dais at 12:23 a.m. and returned at 12:24 a.m.
In response to Councilmember Daysog's inquiry, the City Planner stated the State
density bonus law is structured so that it is the applicant's choice regarding the
minimum inclusionary requirement; if the applicant wants a bonus or waiver, they could
choose to give more affordable and in which category they want; in Alameda's case, the
applicant chose to do very-low income which is a 20% bonus.
In response to Mayor Spencer's inquiry, the City Planner stated the number of required
parking spaces is based on the number of units; there are two parking spaces, plus six
guest spaces, per unit.
Mayor Spencer inquired whether resident's could use their two-car garage for storage if
they only own one or no cars, to which the City Planner responded in the affirmative;
stated the language as it is currently written allows using the garage for storage, but not
for business offices or workshops, or living quarters.
Outlined changes made to improve the project; discussed changes in development;
urged approval of the Covenants, Conditions and Restrictions (CC&R) requiring cars be
parked in garages: Dorothy Freeman, Alameda.
Discussed parking and urged CC&Rs included the parking requirement: Joseph
Woodard, Alameda.
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Stated the project has improved; expressed support for the addition of the CC&R
requirement: Andrew Warner, Applicant (City Ventures).
In response to Councilmember Daysog's inquiry regarding density bonus, Mr. Warner
responded a 1/2 mile radius walking distance to services shows the project is a great
place for density; the Chamber of Commerce and business association agreed to
having more houses in the project; there are great transportation opportunities; the
project area is where Alameda should have more density and City Ventures wanted to
get the most density as possible; the number of overall units was reduced from 58 to 52;
the Housing Element predicted 53 homes.
Mayor Spencer inquired what the breakdown of bedrooms are in the project, to which
Mr. Warner responded there are four homes that have two bedrooms each, and the rest
are a mix of three to four bedrooms.
The City Planner stated the parking code has existed and been in use in Alameda for a
long time; the code was not created specifically for the project; exceptions were not
made for the project.
Councilmember Ezzy Ashcraft inquired whether there will be opportunities to park on
the Clement Street frontage, to which Mr. Warner responded in the affirmative.
Councilmember Oddie stated he would like to address the neighbors' concerns about
keeping as many trees as possible, and keep the bike path all the way to Clement
Street.
The City Planner stated Council is not approving architecture or the final street tree plan
tonight; the Planning Board still has to do the public process and approvals at a future
meeting.
In response to Councilmember Ezzy Ashcraft's inquiry, Mr. Warner responded the
affordable units will be interspersed throughout the development, and will look like the
market rate homes.
Discussed the CC&Rs requiring cars be parked in garages; discussed the importance of
enforcement: Ginni Dofflemyer, Alameda.
Expressed support for the development and the developer; outlined the need for
housing; urged approval: Helen Sause, Alameda Home Team.
Discussed the need for housing; expressed support for the project: Karen Bey,
Alameda.
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Councilmember Ezzy Ashcraft stated what she likes about the project is that seven of
the 52 units are very affordable; the project will improve the neighborhood; she
applauds the work of the Planning Board and is prepared to support the project.
Vice Mayor Matarrese stated he wanted to make sure the language, as written, is
included in the conditions of approval of the tentative map; the project is a model for
Alameda; he likes the creation of open space and parking, and making the appearance
match the neighborhood; he is ready to support the project.
Councilmember Oddie concurred with Vice Mayor Matarrese on all points and is
prepared to support the project.
Councilmember Daysog stated that he is not ready to support project; more hard work
needs to be done.
In response to Mayor Spencer's inquiry, the City Planner stated the final designs of
homes have not yet been approved.
Councilmember Ezzy Ashcraft moved approval of the tentative map and density bonus
application with the condition of approval include the CC&Rs distributed at the meeting.
Vice Mayor Matarrese seconded the motion.
Under discussion, Mayor Spencer stated her proposed changes are not being included.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Ezzy Ashcraft, Matarrese and Oddie - 3. Noes: Councilmember
Daysog and Mayor Spencer - 2.
(15-526) Response to City Council Referral Regarding a Possible Wetlands Mitigation
Bank at Alameda Point. Continued to October 6, 2015.
CITY MANAGER COMMUNICATIONS
(15-527) The Interim City Manager announced the City's permit tracking system has
been linked to Zillow.
ORAL COMMUNICATIONS, NON-AGENDA
(15-528) Nicole Goehring, Associated Builders and Contractors, expressed concern
over Project Labor Agreements (PLA); invited Council to tour their training facility;
offered services if Council plans to include contractors in negotiations.
(15-529) Eric Christen, Coalition for Fair Employment in Construction, stated PLAs
contain discriminatory aspects which make it difficult for non-union workers and
contractors to bid on projects; urged Council to allow all workers to have a fair chance to
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bid projects.
(15-530) Dania Alvarez, Alameda, submitted a letter in support of revising the Board
appointment process
COUNCIL REFERRALS
(15-531) Consider Directing the City Manager to Draft a Policy or Strategy to Increase
the Transient Occupancy Tax (TOT) Above the Current Rate of 10%, with a Portion, or
All, of Revenues Attributable to the Rate Above the Original 10% Dedicated to Specified
Visitor-Serving Activities. (Councilmember Daysog) Not heard.
(15-532) Consider Directing the City Manager to Draft Policies with Regard to AirBnb
and Related Temporary Lodging Activities in Residential Homes and Zoning Districts.
(Councilmember Daysog) Not heard.
(15-533) Consider Requesting an Update on Project Stabilization Agreements (PSA)
and Consider Providing Direction on the Priority, Deadline and Parameters of PSA for
Alameda Point and Public Works Projects. (Councilmember Oddie) Not heard.
(15-534) Consider Directing Staff to Review the City's Process for Board and
Commission Appointments. (Councilmember Oddie) Not heard.
COUNCIL COMMUNICATIONS
(15-535) Councilmember Ezzy Ashcraft announced that Supervisor Wilma Chan will
host a conservation workshop on September 12th from 11:00 a.m. to 1:00 p.m. at
Alameda High School.
(15-536) Councilmember Oddie announced he attended the Alameda County Lead
Prevention Program meeting on August 27th
(15-537) Consideration of Mayor's Nominations to the Commission on Disability Issues,
Housing Authority Board of Commissioners and Library Board.
Mayor Spencer nominated for Carol Gottstein and Tony Lewis appointment to the
Commission on Disability Issues; John McCahan for appointment to the Housing
Authority Board of Commissioners, and Gertrude Woods and Kathleen Kearney for
appointment to the Library Board.
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September 1, 2015",CityCouncil/2015-09-01.pdf
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ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 1:22 a.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Regular Meeting
Alameda City Council
September 1, 2015",CityCouncil/2015-09-01.pdf
CityCouncil,2015-09-01,21,"357
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY--SEPTEMBER - 1, 2015- -5:30 P.M.
Mayor Spencer convened the meeting at 5:30 p.m.
Roll Call -
Present:
Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer - 5.
[Note: Councilmember Ezzy Ashcraft arrived at 5:32 p.m. and
Councilmember Daysog arrived at 5:52 p.m.]
Absent:
None.
The meeting was adjourned to Closed Session to consider:
(15-494) Conference with Labor Negotiators (54957.6); City Negotiator: Elizabeth D.
Warmerdam; Employee Organizations: International Brotherhood of Electrical Workers,
Local 1245 (IBEW), Electric Utility Professional Association of Alameda (EUPA),
Alameda City Employees Association (ACEA), Alameda Police Officers Association
Non-Sworn Unit (PANS), and Alameda Management and Confidential Employees
Association (MCEA); Under Negotiation: Salaries and terms of employment
(15-495) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to
litigation pursuant to subdivision (b) of Section 54956.9; Number of cases: Two (As
Defendant - City Exposure to Legal Action)
Following the Closed Session the meeting was reconvened and Mayor Spencer
announced that regarding Labor, direction was given to staff and regarding Anticipated
Litigation direction was given to staff on two cases.
Adjournment
There being no further business, Mayor Spencer adjourned the meeting at 6:58 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
September 1, 2015",CityCouncil/2015-09-01.pdf