body,date,page,text,path
CityCouncil,2015-12-15,1,"535
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
TUESDAY - -DECEMBER 15, 2015- -7:00 P.M.
Mayor Spencer convened the meeting at 7:09 p.m. and led the Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers Daysog, Ezzy Ashcraft, Matarrese,
Oddie and Mayor Spencer - 5.
Absent:
None.
AGENDA CHANGES
(15-726) Mayor Spencer announced that she would like the amendment to the General
Fund budget [paragraph no. 15-732 and the resolution regarding the supplemental
health plan and trust [paragraph no. 15-737 removed from the Consent Calendar for
discussion.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
ORAL COMMUNICATIONS, NON-AGENDA
(15-727) Tom Virsik, Alameda, submitted information and expressed concern over his
public records request and compliance with the Sunshine Ordinance.
(15-728) Greg Pustelnik, Scout Troup 2, stated the Troup is present to obtain a merit
badge called ""Citizenship in the Community.""
Mayor Spencer noted nine members of the troop are in attendance.
CONSENT CALENDAR
Vice Mayor Matarrese moved approval of the Consent Calendar, excluding the
amendment to the General Fund budget [paragraph no. 15-732 and the resolution
regarding the supplemental health plan and trust [paragraph no. 15-737].
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.]
(*15-729) Minutes of the Regular City Council Meeting Held on Minutes of the Special
City Council Meeting held on November 9, 2015 and the Special and Regular Meetings
held on November 17, 2015. Approved.
(*15-730) Ratified bills in the amount of $1,238,016.69.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,2,"536
(*15-731) Recommendation to Accept and File the Community Facilities District No. 13-
1 (Alameda Landing Public Improvements) Report for Fiscal Year Ending June 30, 2015
and the Community Facilities District No. 13-2 (Alameda Landing Municipal Services
District) Report for Fiscal Year End June 30, 2015. Accepted.
(15-732) Recommendation to Amend the General Fund Fiscal Year 2015-16 Budget by
Appropriating $3,000,000 from the General Fund Committed Fund Balance to Pay for
the City's Other Post-Employment Benefits (OPEB) Obligation as Stated in the Safety
Bargaining Groups Memoranda of Understanding.
Mayor Spencer requested clarification about what the Council us being asked to do in
appropriating funds from the General Fund committed fund balance.
The Finance Director responded the funds were previously set aside; stated staff is now
requesting authorization to appropriate the $3,000,000.
Vice Mayor Matarrese inquired when the funds would be deposited into the interest
bearing account.
The Finance Director responded January 2016.
Vice Mayor Matarrese inquired whether the funds would start accruing interest at said
time, to which the Finance Director responded in the affirmative.
Mayor Spencer inquired whether the trust is a 5i trust, to which the Finance Director
responded in the negative; stated 5i is a different type of trust; no City contributions are
going into the 5i trust; the 5i is strictly contributions from employees.
Mayor Spencer inquired whether the OPEB trust, which the $3,000,000 will go into,
would be only City contributions or both members and City contributions.
The Finance Director responded the OPEB trust would be a combination and interest
would be earned on the total.
Mayor Spencer inquired whether the trust has already been established, to which the
Finance Director responded the City will be setting up an account as stipulated in the
Memorandums of Understanding (MOUs); the account would not be comingled; the
money would be for future retirees.
Mayor Spencer inquired whether there is a way to have subaccounts in order to not
comingle City contributions and employee contributions.
The Finance Director responded the funds are considered City contributions and would
not be separate because there would be an additional cost to the employees.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,3,"537
Councilmember Oddie moved approval of the staff recommendation.
Councilmember Ezzy Ashcraft seconded the motion.
Under discussion, Councilmember Daysog inquired whether the trust is the trust
addressed in April 2015 which would pay down the OPEB liability, to which the Finance
Director responded in the affirmative.
Councilmember Daysog stated he is concerned about the trust being undercapitalized.
Mayor Spencer stated that she did not support the MOU and will not support the
recommendation, which she feels jeopardizes the fiscal health of the City.
Councilmember Oddie stated the bargaining unit signed the MOU; voting no is a
violation of the Council's fiduciary duties.
Mayor Spencer stated that she would not support the action because it is a partial
solution.
Councilmember Ezzy Ashcraft stated the underfunding problem will not be solved
overnight; the money will be placed in an interest bearing account; she hopes the
Council majority will go forward with the appropriation.
Councilmember Daysog stated his concern is that public safety employees will be
contributing money for retirement into a fund that will run out.
Mayor Spencer noted the current Council voted on the MOU on April 29, 2015; the vote
was 3 to 2.
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.
(*15-733) Recommendation to Conduct the Affordable Housing Ordinance Annual
Review Consistent with Section 27-1 of the Alameda Municipal Code and California
Government Code Section 66001 and Accept the Annual Report. Accepted.
(*15-734) Recommendation to Award a Contract in the Amount of $103,054 to Mark
Thomas & Company for the Extraction of Street and Sidewalk Asset Data from Existing
Mobile Mapping Data to Populate a Geographic Information System For Data
Management, Retrieval and Analysis. Accepted.
(*15-735) Recommendation to Authorize the Interim City Manager to Issue a Request
for Proposals (RFP) for a New Integrated Library System (ILS) for the Alameda Free
Library. Accepted.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,4,"538
(*15-736) Recommendation for the City of Alameda to Co-Sponsor Alameda Unified
School District's (AUSD's) ""Everyone Belongs Here"" Campaign. Accepted.
(15-737) Resolution No. 15109, ""Amending the International Association of Fire Fighters
(IAFF) Supplemental Retirement and Health Plan (Plan) and Trust Agreement for IAFF
Employees Hired After June 7, 2011 to Include Alameda Fire Chief's Association
(AFCA), Alameda Police Officers' Association (APOA), and Alameda Police
Management Association (APMA) Employees Hired After June 7, 2011 as Provided in
the Memoranda of Understanding (MOUs) Between the City and AFCA, the City and
APOA, and the City and APMA Approved on April 29, 2015."" Adopted;
(15-737A) Recommendation to Authorize the Interim City Manager to Appoint the
President of Alameda Fire Chief's Association (AFCA), President of Alameda Police
Officers' Association (APOA), and President of Alameda Police Management
Association (APMA) Employees as Additional Trustees as Required by the Trust
Agreement; and
(15-737B) Recommendation to Authorize the Interim City Manager to Execute Plan and
Trust Documents.
Mayor Spencer requested clarification.
The Finance Director stated the trust includes only the IAFF bargaining group; in April
2015, Council approved amendment of the trust and a plan to include the remaining
three bargaining units: AFCA, APOA and APMA.
Mayor Spencer inquired if the money is only from the employees, not the City, to which
the Finance Director responded in the affirmative.
Vice Mayor Matarrese inquired whether the funding for such a trust is normally paid by
the City.
The Interim City Manager responded in the negative; stated the retirement trust is in lieu
of the City paying spousal coverage for retiree health; employees would contribute their
own money to pay for medical costs for their spouses after retirement.
Vice Mayor Matarrese inquired whether the trust was previously funded by the City, to
which the Interim City Manager responded in the affirmative.
Mayor Spencer stated the trust is separate from the OPEB trust.
Vice Mayor Matarrese moved adoption of the resolution.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,5,"539
(*15-738) Resolution No. 15110, ""Approving Administrative Corrections to Better Reflect
Current Medical Contribution Rates, Dental Plan Modifications, to Update Language
Changes Related to the Public Employment Pension Reform Act (PEPRA), and to List
Specific Uniform Rates to the Memorandum of Understanding (MOU) Between the
Alameda Fire Chiefs Association (AFCA) and the City of Alameda for the Period
Commencing November 1, 2015 and Ending December 18, 2021."" Adopted.
(*15-739) Resolution No. 15111, ""Approving Administrative Corrections to Better Reflect
Current Medical Contribution Rates, Dental Plan Modifications, to Update Language
Changes Related to the Public Employment Pension Reform Act (PEPRA), and to List
Specific Uniform Rates to the Memorandum of Understanding (MOU) Between the
International Association of Firefighters, Local 689 (IAFF) and the City of Alameda for
the Period of November 1, 2015 through December 18, 2021.' Adopted.
(*15-740) Resolution No. 15112, ""Approving Revisions to the Part-Time Classifications
Salary Schedule to Meet State Law Requirements to Increase Minimum Wage.'
Adopted.
REGULAR AGENDA ITEMS
(15-741) Introduction of Ordinance Amending Chapter 30 of the Alameda Municipal
Code (Zoning Ordinance) to Streamline Permitting for Second Units. [The Proposed
Amendments Regarding Second Units are also Statutorily Exempt from California
Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15282(h), for
the Adoption of Ordinances Implementing Assembly Bill 1866 - Second Unit Law
(Government Code Section 65852.2) and Categorically Exempt pursuant to CEQA
Section 15305 Minor Alterations to Land Use Limitations]. Not introduced.
The City Planner and Planning Services Manager gave a Power Point presentation.
Councilmember Oddie inquired existing second units can be used as vacation rentals
with Air BnB, to which the Planning Services Manager responded in the affirmative.
Councilmember Daysog inquired how many eligible lots would meet the 4,000 square
feet threshold, to which the Planning Services Manager responded 3,900 lots would be
eligible.
Councilmember Oddie inquired whether the current ordinance is in compliance with
State law, to which the Planning Services Manager responded in the affirmative.
Councilmember Oddie inquired whether the 3,900 units includes Harbor Bay lots which
have Covenants, Conditions and Restrictions (CC&Rs) preventing second units, to
which the Planning Services Manager responded in the negative.
Councilmember Oddie inquired whether said units would be excluded.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,6,"540
The Planning Services Manager responded the Harbor Bay units are in a planned
development; stated building a second unit would be difficult based on the topography
of the neighborhood.
Councilmember Oddie inquired whether the ordinance allows internal or external
second units, to which the Planning Services Manager responded the ordinance allows
for both.
Councilmember Daysog inquired whether internal second units refers to people raising
roofs, to which the Planning Services Manager responded someone raising a roof would
be subject to design review.
Councilmember Oddie inquired whether staff is asking Council to allow an internal unit
to be added to a home.
The Planning Services Manager responded the current ordinance already allows for an
internal unit to be added to a home; continued the presentation.
Mayor Spencer inquired whether there was a way to enforce using the driveway for two
cars so that one car would not end up parking on the street.
The Planning Services Manager responded in the negative; stated there is no way to
enforce parking; continued the presentation.
In response to Vice Mayor Matarrese's inquiry regarding affordable housing incentives,
the Planning Services Manager stated the matter can be reviewed; noted monitoring
would be needed.
Councilmember Ezzy Ashcraft inquired about Santa Cruz's ordinance, to which the
Planning Services Manager responded the ordinance is nationally recognized and
generates an average of 17 units per year; outlined Santa Cruz's program.
Councilmember Ezzy Ashcraft stated a board oversees compliance; inquired how the
program is funded.
The Planning Services Manager responded that he believes Santa Cruz has outside
funding.
Mayor Spencer inquired whether the rent cap refers to low income housing, to which the
Planning Services Manager responded in the affirmative.
In response to Councilmember Ezzy Ashcraft's inquiry, the Planning Services Manager
stated the rent cap would remain in place until the unit is removed; continued the
presentation.
Councilmember Daysog inquired whether the ordinance would sunset, to which the
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,7,"541
Planning Services Manager responded the ordinance would be reviewed as part of the
annual Housing Element update; in addition, Council could direct review after one year.
Councilmember Daysog inquired whether the City would receive any benefits from
including second units within the Housing Element.
The Planning Services Manager responded any units created count towards the City's
Regional Housing Need Allocation (RHNA); stated the second unit ordinance does not
benefit the affordable criteria because the units are not deed restricted; units could
count as affordable if the ordinance is amended to include deed restrictions.
Councilmember Daysog noted the City of Piedmont's incentive is for a period of 10
years.
Councilmember Ezzy Ashcraft inquired how staff created the estimate.
The Planning Services Manager responded the number of eligible lots would increase
from 400 units, which has created half a unit annually, to 3,900 units, which would
equate to 15 units annually; in addition, every year 10 to 15 customers make an inquiry
about second units.
Councilmember Daysog inquired whether the units would occur mostly in the R-1
[residential] neighborhoods, to which the Planning Services Manager responded in the
affirmative; noted multi-family neighborhoods have different requirements.
Expressed support for the second unit ordinance so that he can create a second unit for
his mother to watch his children and have her own kitchen; stated there is not enough
senior housing: Alvin Lau, Alameda.
Stated that he is in support of the ordinance; Council holds to key to creating housing:
Doyle Saylor, Alameda Renters Coalition.
Expressed concern over the presentation slides being slightly misleading and owners
not being given adequate notice: Steve Aced.
Stated that he is in favor of the ordinance; he knows people who are having trouble
finding adequate housing; expressed support for tandem parking spaces; discussed
square foot requirements: Dennis Owens, Alameda.
Thanked staff and the Planning Board; stated there are a lot of advantages; young
people are going without cars; the number of units do not justify making it affordable
housing: Bill Smith, Alameda.
Stated Alameda Architectural Preservation Society (AAPS) is generally in support;
details and issues need to be worked out; expressed concern over costs for new
buildings being prohibitive; stated ground floor units would be more affordable: Jim
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,8,"542
Smallman, AAPS.
Vice Mayor Matarrese stated adjustment and more detail are needed, which could
require Planning Board review; that he would like some return since the City would be
granting significant value for the property; the goal should be affordable units; incentive
should be written into the ordinance to allow additional concessions if the unit is
affordable; requested an analysis of the costs to administer the program be provided
when the matter returns to Council; outlined development projects that have monitoring
requirement; stated a system for monitoring should already exist; adding the second
unit program should not be too costly; family units and market units are different and
should be handled differently; a definition of a second unit should be included that
addresses second units which are within a building and those which are accessory
buildings; there should also be a definition of short term rental; lastly, something should
be included about legalizing accessory buildings.
Outlined AAPS's letter which proposes three amendments: Christopher Buckley, AAPS.
Councilmember Oddie inquired how many lots on Bay Farm would be eligible, to which
the Planning Services Manager responded that he does not have the exact number, but
roughly around 200.
Councilmember Oddie stated the ordinance needs more work; that he sympathizes with
Mr. Smallman and Mr. Buckley's comments about affordable housing; both Piedmont
and Santa Cruz address affordable housing; the proposed ordinance does not really
have any guarantees; homeowners are receiving a large benefit; there should be more
teeth and specificity; inquired how many units staff would like to have.
The City Planner responded two units in five years is not enough; stated the program
already has to be monitored every year; the Council can control and adjust the program
at the review each year; the matter could also be revisited by Council in one year,
including a review of the data.
Councilmember Oddie inquired what if the floodgates are opened and there are 100
applications in two months, to which the City Planner responded Council could provide
direction to hold a hearing if 100 applications are received in the first two months.
Councilmember Oddie stated the revised ordinance should include that the matter
would return to Council if the number of units reaches a specific cap; suggested
additional scrutiny be added as suggested by AAPS.
The City Planner clarified the AAPS suggestion for discretionary review is already on
the books today.
Councilmember Oddie stated tandem parking could force tenants to park on the street;
further stated consideration should be given to the third suggestion offered by AAPS
regarding units inside the main building; the matter warrants additional analysis and
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,9,"543
input.
The Planning Services Manager clarified many lots already have accessory buildings,
which the ordinance is encouraging be used for second units.
In response to Councilmember Ezzy Ashcraft's inquiry, the Planning Services Manager
stated the current requirement is that no more than 60% of the lot can be covered by
the buildings or driveway.
In response to Councilmember Oddie's inquiry, the City Planner stated the second unit
requirements are greater than requirements for single family homes, which can be
100% paved over.
The Planning Services Manager noted the City has lost 23 units from Victorians being
converted back into single family homes; more people are asking to remove units than
add units.
Councilmember Ezzy Ashcraft stated the proposed ordinance would be one more tool to
address the rental housing shortage; both affordable and market rate units are needed;
that she does not see a need to differentiate between a family member or renter living in
the unit because both have value; there should be incentives to make units affordable,
which is in the Santa Cruz ordinance; the floodgates will probably not open due to the
cost to create a second unit; that she does not see a need to limit digging out ground
floor units; expressed support for Mr. Owen's suggestion of 750 square feet or 10%,
whichever is lesser; stated that she supports doing a pilot for one year and having a
specific number of units trigger review; suggested Council provide direction on specific
amendments; inquired whether making modifications would allow the ordinance to be
introduced.
The City Attorney responded in the negative; stated the ordinance could only be
introduced if the modifications are minor.
Councilmember Ezzy Ashcraft stated the matter should not be delayed.
Councilmember Daysog stated that he would like greater incentives for affordable
housing, such as Santa Cruz waiving fees and Piedmont waiving parking; a clearer
connection needs to be made; senior housing, which is at risk, should be incentivized as
well; requested additional information on houses being raised to build units below;
discussed infill housing concerns from the 1990s regarding houses being raised and
changing the character of the neighborhood; stated the matter should be sent back to
the Planning Board or staff; expressed support for a pilot program.
Councilmember Ezzy Ashcraft stated that she supports the staff recommendation to
require two independent parking spaces.
Mayor Spencer expressed support for Mr. Owen's suggestion regarding 750 square feet
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,10,"544
or 10%; stated that she supports requiring three parking spaces, but would agree to go
to two independent spaces if the units were affordable or for a family member; noted a
family member would probably not pay market rate; expressed concern over tandem
parking; stated that she receives complaints about parking throughout the City;
requested that the legal questions raised by AAPS be addressed when the matter
returns to Council; stated that she would prefer the matter return to Council, rather than
the Planning Board, in order to expedite approval; the 4,000 square foot lot size should
be allowed for affordable or family member units, but is too small for market rate; 5,000
or 5,500 square feet should be required for market rate units; that she supports the staff
recommendation regarding one story; requested an explanation of distance from the
main house.
The Planning Services Manager stated the 20 foot setback is difficult to accommodate;
6 feet is alignment with Fire and Safety Codes.
Mayor Spencer inquired whether adjacent property owners would receive notification;
stated that she would like neighbors to receive notification since the requirements are
being lessened.
The Planning Services Manager responded notice is not required for properties which
meet the checklist.
Mayor Spencer stated that she would like neighbors notified if the number of parking
spaces are reduced.
The Planning Services Manager stated said notification requirement is in the ordinance.
Mayor Spencer stated that she would like the ordinance to have clearer check boxes,
similar to Piedmont and Santa Cruz; that she supports more units being affordable, but
neighbors should receive notice since there will be greater impacts; housing for a family
member or affordable units should be deed restricted in perpetuity; the property owner
should have to return to the City to change the unit to market rate.
Councilmember Ezzy Ashcraft stated deed restricted units for a family member would
require the new owner to have a family member move in if the property is sold.
Mayor Spencer responded the unit could be used for a family member or as affordable
housing.
The City Attorney stated the City cannot limit the use to a family member, but can limit
the unit to being affordable.
Mayor Spencer inquired whether the unit could be considered affordable if the family
member is not paying market rate.
The City Planner responded the Council has provided sufficient direction; stated staff
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,11,"545
has to complete some analysis; inquired what process Council would like to follow.
The Interim City Manager stated that she would like clarification that Council is okay
with having some affordable and some market rate units, but the market rate units
would have meet a higher threshold.
Mayor Spencer stated a majority of Council agrees.
In response to Councilmember Ezzy Ashcraft's inquiry about allowing neighbors to
oppose affordable units due to decreasing the parking requirements, Mayor Spencer
stated there needs to be a discussion about when the neighbors would be notified.
Vice Mayor Matarrese stated the ordinance would return to Council for a first reading
and would include: 1) issues of incentivizing affordability; 2) examination of parking and
when there would be notice; there seems to a preference for independent spaces
instead of tandem spaces; 3) there were a number of suggestions regarding modeling
the ordinance after Piedmont; and 4) by right versus by use permits.
Councilmember Ezzy Ashcraft stated there have also been individual comments.
Vice Mayor Matarrese stated the staff report will have to address why staff did or did not
include the suggestions; stated the matter would return to Council, rather than the
Planning Board.
Mayor Spencer stated that units should not be used for a vacation rental.
Councilmember Ezzy Ashcraft stated Vice Mayor Matarrese requested short term rental
be defined.
Councilmember Oddie stated second units previously approved do not have the same
restriction; the requirement could be temporarily included until the Council supersedes it
with creation of an Air BnB/short term rental regulation.
Councilmember Ezzy Ashcraft stated the number of said type of units is very low in
Alameda and should be not be addressed now.
Mayor Spencer stated there could be different models; provided examples of the low
income categories.
Councilmember Daysog stated the ordinance is to address the lack of permanent
housing and provide a new stream of housing; the issue of vacation rentals might arise
later; current providers in Alameda are not losing their right to do so.
***
Mayor Spencer called a recess at 9:05 p.m. and reconvened the meeting at 9:13 p.m.
***
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,12,"546
(15-742) Recommendation to Approve an Exclusive Negotiating Agreement (ENA)
between the City of Alameda and a Consortium of Four Developers Made Up of MidPen
Housing, Alameda Point Collaborative, Building Futures with Women and Children, and
Operation Dignity for Planning and Development of a 13.2-Acre Parcel in the Main
Street Neighborhood Area at Alameda Point Bounded by West Midway Avenue, Orion
Avenue, West Tower Avenue, and Main Street to Enable Predevelopment Activities for
Designing and Constructing New Supportive Housing Facilities for these Existing
Supportive Housing Providers.
The Chief Operating Officer - Alameda Point gave a brief presentation.
Doug Biggs, Alameda Point Collaborative, showed a video and started a Power Point
presentation.
Nevada Merriman, continued the Power Point presentation.
Mayor Spencer inquired whether the developers would apply for the funds Friday if the
Council approves the ENA tonight, to which Ms. Merriman responded in the affirmative.
Mr. Biggs continued the presentation.
Councilmember Ezzy Ashcraft inquired whether the $100,000 spent was a grant from a
particular agency.
Mr. Biggs responded the funding spent is from several past grants and has been close
to $300,000.
Councilmember Ezzy Ashcraft stated that she attended a MidPen housing workshop;
inquired if the boomerang funds from the County's Affordable Housing Trust Fund refers
to redevelopment funds, to which Mr. Biggs responded in the affirmative.
The Chief Operating Officer - Alameda Point continued the presentation.
Mayor Spencer inquired whether three or four votes are required to approve the matter,
to which the Chief Operating Officer - Alameda Point responded three votes.
Councilmember Daysog inquired whether there is enough flexibility in the ENA process
to move the project elsewhere should something happen.
The Chief Operating Officer - Alameda Point responded the planning process will
require input from the community; stated the Collaborative is open to all possibilities,
including other locations.
Councilmember Daysog stated that the relationship with the Alameda Point
Collaborative makes Alameda a greater city and makes everyone proud.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,13,"547
Councilmember Oddie stated the housing units are not being added, they are being
replaced; inquired whether the development can be taken apart and the property could
be developed separately if the Main Street Plan cannot be achieved.
The Chief Operating Officer - Alameda Point responded the ENA would terminate after
twelve months if an agreement has not been reached; stated the City could still move
forward and find a way to create a plan.
Councilmember Oddie stated if the community cannot come to a consensus on the
Main Street neighborhood, it is important to keep the process going because the area
houses some of the most vulnerable population.
The Chief Operating Officer - Alameda Point stated the zoning requires that there is
one or more specific plans.
Councilmember Ezzy Ashcraft stated that she is excited about possibly working with
MidPen Housing; stated moving forward is important.
Vice Mayor Matarrese stated the ENA puts the City at no risk; stated he is ready to
move forward.
Councilmember Daysog inquired whether the City is trying to sync the project with the
larger mainstream neighborhood in order to use the financial mechanism generated to
fund the project.
The Chief Operating Officer - Alameda Point responded the zoning creates subdistricts
and requires that no one develop the neighborhood without a specific plan; stated the
land needs infrastructure and the market rate development may be needed to finance
the development.
Councilmember Daysog suggested checking in on the Main Street Plan process; stated
the City should listen to ideas due to the housing crisis.
The Chief Operating Officer - Alameda Point stated there will be more public presence
in the Main Street Plan process.
Mayor Spencer inquired whether the ENA is what Mr. Biggs wants, to which Mr. Biggs
responded the ENA is what the residents want.
Mayor Spencer stated inquired whether the proposal is based on the needs of the
residents, to which Mr. Biggs responded in the affirmative.
Mayor Spencer stated that she attended a College of Alameda class where two
students raised great points about homelessness; inquired whether the two students
present would like to speak.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,14,"548
Skylar Wright, Student, urged moving forward with the project to address homelessness
because the homeless are people.
Mayor Spencer stated she plans to support the project.
Vice Mayor Matarrese moved approval of the recommendation as outlined in the staff
report to enter into an ENA with MidPen Housing, Alameda Point Collaborative, Building
Futures with Women and Children, and Operation Dignity for Planning and
Development of a 13.2-Acre Parcel.
Councilmember Ezzy Ashcraft seconded the motion.
Under discussion, Councilmember Ezzy Ashcraft noted the class at College of Alameda
was very impressive.
On the call for the question, the motion carried by unanimous voice vote - 5.
(15-743) Recommendation to Accept the Five-Year Pipeline Report for Affordable
Housing.
The Housing Authority Director of Housing and Community Development gave a Power
Point presentation.
Councilmember Ezzy Ashcraft inquired how the upcoming North Housing project
coordinates with the work of MidPen Housing and the Alameda Point Collaborative.
The Housing Authority Director of Housing and Community Development responded a
MOU specifies the use should be supportive housing; stated the residents will be moved
from the Collaborative to North Housing if the 90 units are developed first; it depends on
which one is developed first.
(15-744) Introduction of Ordinance Amending the Alameda Municipal Code by Adding
Section 2.24 to Article Il of Chapter II Related to Emergency Organization to Create the
City of Alameda Disaster Council as Required by State Law to Obtain Legal Recognition
as an Official Emergency Organization. Not introduced.
The Fire Captain noted a revised ordinance was provided; gave a brief presentation.
Vice Mayor Matarrese inquired if the membership of the Emergency Operations Team
and the Disaster Council would include the Water Transit Authority; inquired whether
they will be requesting guidance to put this together.
The Fire Captain responded in the affirmative and continued with her presentation.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,15,"549
(15-745) Mayor Spencer stated a motion is needed to consider the remaining agenda
items: the workers' compensation for disaster workers [paragraph no. 15-747 and the
Theater marquee [paragraph no. 15-748].
Vice Mayor Matarrese moved approval [of considering the remaining items].
Councilmember Daysog seconded the motion, which carried by unanimous voice vote -
5.
In response to Councilmember Ezzy Ashcraft's inquiry, the Fire Captain stated the
Certification Program training class is given four times a year; the course contains
seven modules and is 21 hours of training; the next training class has not been
scheduled; the Department plans to have the class information available to the public in
the first or second week of January, 2016.
Councilmember Daysog stated the City Charter seems to give the Mayor and Council
certain powers during emergencies; the Emergency Disaster Council is not just a
planning body, it is a body to take action; the Mayor and Vice Mayor ought to be part of
the decision-making; he agrees that the expertise lies with the Fire Department and the
City Manager, but there has to be a role for the Mayor; he raised the issue when the
Emergency Operations Center (EOC) was addressed; there is no other way to interpret
Charter Section 6-1.
The Fire Captain stated the City Council could take control over the City at any time
under Section 6-1 of the City Charter; there is always the possibility employees may not
be able to come in during a disaster, therefore the Council must take control; the
Disaster Preparedness program generally conducts business with the City Manager in
charge of day-to-day operations and does not intend to leave out the Council; prior
Mayors have not attended meetings in the past; the new ordinance was created to align
with how the Disaster Preparedness operates generally in the Emergency Operation
Program.
Councilmember Daysog stated the Fire Department will make recommendations to staff
on deploying resources when decisions have to be made in the moment of an
emergency; for the recommendation to be legitimate, there has to be involvement by an
elected representative of the City.
Mayor Spencer inquired whether the Emergency Disaster Council was ever referred to
as a Commission, to which the Fire Captain responded in the negative; stated it was
always referred to as a Council.
Mayor Spencer stated she would like the prior document included with the report to
make a comparison and see the proposed substantive changes.
The Fire Captain stated the only change is to add the City Manager as the Director and
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,16,"550
the Assistant City Manager as the Vice Chair on the Commission.
Mayor Spencer stated that she prefers to have the original document included in the
report anytime staff brings forth changes so Council and the public knows what is being
changed; stated Councilmember Daysog and the Fire Chief's discussion regarding the
Mayor and Council's role in the EOC was not included in the minutes from a previous
meeting on the EOC; the Mayor and Council should be included in the EOC, which
gives reason to why a larger EOC is needed; the proposal is silent to the Charter
language which states that the Mayor takes command of the Police and Fire
Department and governs the City by proclamation in the event of emergency; there
needs to be a legal opinion on how the Charter should be addressed; the Charter
cannot be changed by Council; the roles need to be clearly defined in advance, as well
as how members are appointed to the Commission; she would like the certification
training to take place on a day other than Tuesdays.
The Fire Captain stated the certification training classes are held on weeknights and
weekends twice a year, according to the availability of the instructor; the Department will
try to schedule a date which could accommodate Council.
Councilmember Ezzy Ashcraft stated that she would be happy to have the City Attorney
reconcile the language of the Charter and the proposed ordinance; the first priority has
to be the safety of the citizens, which should be placed in the hands of trained
professionals; she is happy to take direction from the trained professionals; it would be
a disservice to the citizens to say that an elected Mayor and Council are the ones who
will be giving public safety direction; it takes a certain temperament and training to be
cool and calm in any situation.
Councilmember Daysog concurred; stated part of the democracy involves elected
officials and is explicit in the Charter; the Mayor would exercise discretion and caution in
understanding the responsibilities of staff and members of the Disaster Council; there
should be a role for the Mayor to give the trained professionals the complete backing of
the public in the event of an emergency.
The Fire Captain stated the Emergency Management Plan has been adopted by the
Council; the ordinance aligns the documents; the Council's role as proposed is the
standard operating procedure for all other cities in the State.
Mayor Spencer stated Alameda is a Charter City; the EOC has been handled differently
in the past.
Vice Mayor Matarrese stated the change is substantive and needs to be incorporated;
he prefers to reconcile the ordinance, including the Charter language which separates
operations from policy, and have the ordinance brought back for a first reading.
Councilmember Oddie stated he does not see a conflict between the ordinance and the
Charter language; there is nothing in the ordinance that takes away the Mayor's
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,17,"551
authority as stated in the Charter.
Vice Mayor Matarrese concurred with Councilmember Oddie; stated however, the
ordinance is silent on the Mayor's authority.
Councilmember Oddie stated Ordinance Section 22-4 states: ""if the Director claims a
local emergency or issues a proclamation, the Council has the authority to ratify the
proclamation within seven days""; Council retains authority; he is concerned that if there
is an active shooter situation, similar to San Bernardino, and the whole City is shut
down, action has to be taken quickly without waiting for the Mayor and Council to confer
and issue a proclamation; the duty of the Commission is to develop emergency and
mutual aid plans and agreements; elected officials are not turning over control of the
City, the Council still retains authority; he does not see a conflict.
Vice Mayor Matarrese concurred with Councilmember Oddie, stated he is just
requesting that the Charter language be imbedded in the ordinance to make sure the
hierarchy is understood; the hierarchy is prescribed in the Charter; until the Charter is
changed, Council must recognize it and declare a citywide disaster.
Mayor Spencer stated the changes are substantive and she would like to see the
original document to be able to compare it to the proposed document.
Councilmember Daysog stated the past practice of including Mayors in the Disaster
Council was to respect Charter Section 6-1; many Mayors did not attend meetings
because of the planning nature of the Disaster Council; the issue is attending the
meetings and recognizing Council reflects the civilian body; the Mayor was involved
before, there is no reason the Mayor ought to not be involved today.
The Interim City Manager stated the reason why the prior ordinance was not included in
the report is that it is not active and no longer in effect; it is important to remember that
there are very different standards today than there were when Mayor Appezzato was in
office; the Standardized Emergency Management System (SEMS) program is very
technical; the City Manager has to be in the Director role; the City Manager has a daily,
long standing, stable relationship with the departments which does not come and go
with elections; staff will bring the ordinance back with the embedded Charter language.
Mayor Spencer requested a legal determination on the issue of the City Manager in the
Director role; stated Council has to respect the Charter and cannot change it.
Councilmember Daysog stated Alameda citizens respected Mayor Spencer when she
controlled the situation which occurred during the November 4th Council meeting
regarding rents; her actions indicate she is a natural leader.
The Fire Captain stated the Mayor and Council are an integral part of EOC; what is
being left to the trained professionals is the management of the boots on the ground
and the things that are happening in real time; the people in the EOC are not doing the
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,18,"552
response, they are managing the overall welfare and support what is happening in the
field; the Disaster Council is an operational level where the people best experienced
and trained handle an emergency incident and are backed by the City Council.
Vice Mayor stated the ordinance has to have the operational context included; the
November 4th incident was not an emergency situation and is irrelevant to the issue; a
video of a 1970's plane crash which occurred in Alameda features the EOC response
with Mayor LaCroix; the plane crash incident and response is the intent of the Charter;
the true operation and the operational decisions are not the Council's; he is asking to
provide the context of the Charter to what happens operationally when the Disaster
Council is implemented.
***
(15-746) Mayor Spencer stated a motion is needed to continue the meeting.
Vice Mayor Matarrese moved approval [of continuing the meeting].
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
***
Councilmember Ezzy Ashcraft stated that she is looking forward to language
clarification; she would want the vote regarding taking control of a situation to be the
entire Council, not just the Mayor; looking back at an incident from the 1970's is quaint;
however, the magnitude of emergency situations that a community can face today have
risen to a higher level; part of the duty as a Councilmember is to make good, solid
decisions; Council does not have expertise in the operational part of an emergency
situation.
Councilmember Oddie concurred with Vice Mayor Matarrese; stated how a Mayor
responds to a fire flood, storm, epidemic, or threat of war does not compare to the
November 4th incident.
Councilmember Daysog stated that he trusts and goes along with the professional
judgement of the Police and Fire Chiefs; he just wanted to acknowledge Section 6-1 of
the Charter.
The Fire Captain stated that she appreciates Council taking the responsibilities for
planning seriously; it is important for everyone to see the plan's value; the plan will not
work without everyone's commitment; the goal is to be able to get back up quickly from
a situation and continue to live life; working together can make it happen.
(15-747) Adoption of Resolution Regarding Workers' Compensation Benefits
for
Registered Disaster Service Worker Volunteers. Not heard.
Under the previous item, the Fire Captain noted the resolution should not be considered
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,19,"553
when the ordinance returns to Council.
(15-748) Update on Council Referral Regarding Alameda Theatre Marquee.
The Community Development Director gave a brief presentation.
Vice Mayor Matarrese stated backlit or other type of lighting was not included in the
original design of the marquee and is not a priority; other maintenance issues need to
be addressed first.
Councilmember Daysog stated the theater is not just the operator's, the theater is also
the residents; that he hopes funding would be privately generated, not City funded; a
program could be created to generate the funds for the lights; it is a shame the marquee
is not lit; he would like the idea to continue; there is no rush.
Councilmember Ezzy Ashcraft concurred with the Vice Mayor; stated the lighting was
not in the original design; the theater is popular with residents and out-of-towners, who
find their way without a lit marquee; folks should be concentrating on safe driving rather
than what is on the marquee; if someone wants to independently take up a private effort
they should, but the issue should not come back to Council or staff.
Councilmember Daysog inquired staff's interpretation of the issue; stated that he would
like to get the cost information; even private fundraising needs a target; he feels there is
still something to be done by the City Council working with the private citizens.
Councilmember Oddie stated the issue seems to be excessive micro-managing of a
private business; the Council should not be in the business of micro-managing; the
issue does not matter to him.
Vice Mayor Matarrese stated the City owns the theater building; Council deferred to the
expert to determine whether it is necessary to make the issue a concern; many hours
were spent on the restoration and design of the building; he would not support lighting
that hangs over the marquee, even if a private citizen donated the money.
In response to Mayor Spencer's inquiry, the Community Development Director stated
the marquee has never been lit; it was not constructed to be lit from behind.
Mayor Spencer stated the theater is historical and should not have hanging over lights;
if
there is a private group that would like to pursue the lighting issue, they could reach
out to Councilmember Daysog or Mr. Connor; Council as a whole should not be a part
of the issue.
Councilmember Daysog inquired whether staff has some sense of the cost to back light
the marquee, to which the Community Development Director responded the marquee
cannot be back lit because of the construction design; Mr. Connor asked a contractor to
evaluate how lighting alternatives could be achieved.
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,20,"554
Councilmember Daysog stated the issue will have to be pursued privately.
Vice Mayor Matarrese stated the issue would have to come back to Council if pursued
privately because the City owns the building; any significant architectural change to a
historic building needs approval; he does not want to give a false impression that if the
money is raised, the changes can happen.
The Community Development Director stated the matter would go before the Historical
Advisory Board because it is a landmark.
CITY MANAGER COMMUNICATIONS
(15-749) The Interim City Manager announced the Alameda County Public Works
Agency will be performing emergency repairs to the High Street Bridge on December
18th from 9:00 a.m. to 7:00 p.m.; neighbors of Godfrey Park are encouraged to attend a
design review meeting on December 16th at 6:00 p.m. at the park.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(15-750) Councilmember Ezzy Ashcraft announced she attended several Alameda
Police Officer Association (APOA) events, including Shop with a Cop at Target with 13
children.
Mayor Spencer stated she also attended the Shop with a Cop event.
Councilmember Oddie stated that he attended the APOA events, which were an
amazing experience.
(15-751) Mayor Spencer announced she attended the County Supervisors meeting on
the issue of Laura's Law.
(15-752) Councilmember Ezzy Ashcraft stated that she attended the opening of
Natalie's Nook, a children's reading area, at the Alameda County Family Justice Center.
(15-753) Consideration of Mayor's Nomination to the Rent Review Advisory Committee
(RRAC).
Regular Meeting
Alameda City Council
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,21,"555
Mayor Spencer nominated John Roderick for appointment to the RRAC.
ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 11:25 p.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
December 15, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,22,"532
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - -DECEMBER - 15, 2015- -4:30 P.M. AND
FRIDAY- - - DECEMBER - 18, 2015- -8:30 A.M.
On December 15, 2015, Mayor Spencer convened the meeting at 4:30 p.m.
Roll Call -
Present:
Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer - 5.
[Note: Councilmembers Matarrese and Oddie arrived at 4:31 p.m.; and
Mayor Spencer was absent when the meeting was continued to December
18, 2015]
Absent:
None.
Public Comment
Submitted information; discussed the potential lawsuit regarding the proposed hotel at
2350 Harbor Bay Parkway; urged Council to rescind its vote: Pat Lamborn, Alameda.
The meeting was adjourned to Closed Session to consider:
(15-721) Public Employee Appointment/Hiring (Government Code Section 54957);
Title/description of position to be filled: City Manager [Continued to December 18, 2015]
(15-722) Conference with Legal Counsel - Anticipated Litigation; Significant exposure
to
litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code;
Number of cases: Two (As Defendant - City Exposure to Legal Action)
(15-723) Conference with 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. Not heard.
Following the December 15, 2015 Closed Session the meeting was reconvened and
Mayor Spencer announced that regarding Appointment/Hiring, the Council matter was
continued to December 18, 2015 at 8:30 a.m.; regarding Anticipated Litigation, direction
was given to staff regarding one case and Council received a briefing on one case; and
regarding
Labor,
Council
received
a
briefing.
At 8:38 a.m. on December 18, 2015, Vice Mayor Matarrese reconvened the meeting.",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,23,"533
Following the December 18, 2015 Closed Session, Vice Mayor Matarrese announced
that regarding Appointment/Hiring, direction was given to staff regarding conditions of
employment.
Adjournment
On December 18, 2015, there being no further business, Vice Mayor Matarrese
adjourned the meeting at 9:15 a.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
December 15 and 18, 2015",CityCouncil/2015-12-15.pdf
CityCouncil,2015-12-15,24,"534
MINUTES OF THE SPECIAL JOINT CITY COUNCIL
AND THE SUCCESSOR AGENCY TO THE
COMMUNITY IMPROVEMENT COMMISSION (SACIC) MEETING
TUESDAY--DECEMBER 15, 2015- -6:59 P.M.
Mayor/Chair Spencer convened the meeting at 7:08 p.m. A member of Boy Scout
Troup 2 led the Pledge of Allegiance.
Roll Call -
Present:
Councilmembers/Agency Members Daysog, Ezzy
Ashcraft, Matarrese, Oddie and Mayor/Chair Spencer
- 5.
Absent:
None.
Oral Communications
None.
Consent Calendar
Councilmember/Agency Member Ezzy Ashcraft moved approval of the Consent
Calendar.
Vice Mayor/Agency Member Matarrese seconded the motion, which carried by
unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk
preceding the paragraph number.]
(*15-724 CC/15-016 SACIC) Recommendation to Accept the Treasury Report for the Quarter
Ending September 30, 2015. Accepted.
(*15-725 CC/15-017 SACIC) Recommendation to Accept the First Quarter Financial Report
for the Period Ending September 30, 2015. Accepted.
Adjournment
There being no further business, Mayor/Chair Spencer adjourned the meeting at 7:09
p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
Secretary, SACIC
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Joint Meeting
Alameda City Council and Successor Agency to
the Community Improvement Commission
March 17, 2015",CityCouncil/2015-12-15.pdf