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CityCouncil,2016-08-08,1,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY--AUGUST 8, 2016--7:00 P.M.
Acting Mayor Matarrese 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: Mayor Spencer was present via teleconference from Coast
Bellevue Hotel, 625 116th Avenue NE, Bellevue, WA 98004]
Absent:
None.
AGENDA CHANGES
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
ORAL COMMUNICATIONS, NON-AGENDA
(16-391) Glenn Steiger, General Manager Alameda Municipal Power (AMP), made brief
comments regarding AMP which he observed during the two years he managed AMP;
announced he would be retiring.
Councilmembers made brief comments thanking Mr. Steiger for his service.
(16-392) Bill Rowen, Alameda, stated that he previously suggested the City have a
policy regarding late meetings, which did not receive a response; he spoke to
Councilmember Ezzy Ashcraft and she indicated there will not be any more meetings
until 3:00 or 4:00 a.m.; suggested the Council put the matter on the agenda.
(16-393) Chuck Phillips, Alameda, submitted a photo and discussed 1929 Webster
Street.
CONSENT CALENDAR
Councilmember Ezzy Ashcraft moved approval of the Consent Calendar.
Councilmember Oddie seconded the motion, which carried by the following roll call vote:
Councilmember Daysog: Ayes; Councilmember Ezzy Ashcraft: Aye; Councilmember
Oddie: Aye; Vice Mayor Matarrese: Aye; Mayor Spencer: Aye. Ayes: 5. [Items so
enacted or adopted are indicated by an asterisk preceding the paragraph number.]
Regular Meeting
Alameda City Council
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,2,"(*16-394) Ordinance No. 3160, ""Approving Two Leases and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of Leases with
National Response Corporation, Environmental Services (NRC) for Building 15 Located
at 1605 Ferry Point and Building 616 Located at 1750 Orion Street at Alameda Point for
Five and Two Years, Respectively.' Finally passed.
(*16-395) Ordinance No. 3161, ""Approving a Lease and Authorizing the City Manager
to Execute Documents Necessary to Implement the Terms of Lease with Wonky
Kitchen LLC for Ten Years in Building 44 Located at 2400 Monarch Street at Alameda
Point."" Finally passed.
REGULAR AGENDA ITEMS
(16-396) Resolution No. 15190, ""Calling an Election to be Consolidated with the City's
Next General Municipal Election on November 8, 2016, and Submitting to the Voters at
That Election a Measure, the Rent Stabilization Act, that Proposes to Have the Voters
Confirm Ordinance 3148, which Amended the Alameda Municipal Code by (a) Adding
Article XV to Chapter VI concerning (1) Review of Rent Increases Applicable to Certain
Rental Units and (2) Limitations on Evictions and the Payment of Relocation Assistance
Applicable to All Rental Units; (B) Amending Section 2-23.4 Concerning the Duties of
the Rent Review Advisory Committee and (c) Suspending Article XIV of Chapter VI in
Its Entirety."" Adopted; and
(16-396A) Consider Authoring a Direct and Possible Rebuttal Argument.
The City Clerk gave a Power Point presentation.
The City Manager made brief comments.
Councilmember Daysog inquired if all 5 Councilmembers could be included as the
signatories on the ballot arguments.
The City Clerk responded in the affirmative; stated that if Council decides to author the
argument, a subcommittee of two would write it, then all 5 Councilmembers can sign it;
only two Councilmembers can write the argument, otherwise it has to be written in open
session.
Councilmember Ezzy Ashcraft inquired whether the signatories is one of four options to
decide upon.
The City Clerk responded in the affirmative; stated there could be a mix of
Councilmembers and other people that sign the argument.
Councilmember Oddie inquired if the City Clerk could recap the changes with the
proposals since the last Council meeting.
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Alameda City Council
2
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,3,"The City Clerk responded at the July 19th meeting, the Clerk's office was still waiting to
see if the landlord initiative met the signature requirement; the petition was found
insufficient by several hundred signatures; the landlord petition did not qualify and will
not go on the ballot.
Mayor Spencer inquired if the ballot question is currently at 68 words; stated that she
received an email question about modifying the ballot question; inquired how many
words are currently in the ballot question.
The City Clerk stated she will count and get back to Mayor Spencer.
Mayor Spencer stated if the limit is 75 words, she would like clarification on the current
word count to address the public's email regarding modifying the ballot question.
Acting Mayor Matarrese clarified there are two parts to Mayor Spencer's question: is the
word limit 75 words and can the ballot question be modified.
The City Clerk responded the limit is 75 words and the wording can be changed.
Councilmember Ezzy Ashcraft requested clarification on Mayor Spencer's comment that
the Council received one email regarding the modification of the ballot question, not an
audience question; she is not sure if that forms the basis for changing the ballot
question.
Stated that he wrote a letter asking the Council to put the City's ordinance on the ballot;
the City's ordinance can be amended as opposed to the Alameda Renter's Coalition
(ARC) initiative; the ordinance needs to be constantly monitored and improved; urged
Council to put the City's ordinance on the ballot: Paul Foreman, Alameda Citizen's
Taskforce.
Urged Council to let the ballot process work; stated negligent landlords or tenants are
the cause of buildings deteriorating, not rent control; urged Council to not place the
City's ordinance on the ballot: Eric Strimling, ARC.
Stated the residents from Bay View Apartments are facing a no-cause eviction; housing
is a basic, fundamental right for all people: Sister Pat Nagle.
Stated ARC does not want the City's ordinance placed on the ballot; voters will be
confused and might vote for both initiatives: Bill Rowen, ARC.
Stated that she does not support the City's ordinance going on the ballot; her income
does not increase 5% each year; if rent increases 5% each year, she will not be able to
afford to live in Alameda; she supports the ARC initiative: Beth Allen, ARC.
Stated that he supports the ARC initiative; putting the City's ordinance on the ballot will
Regular Meeting
Alameda City Council
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,4,"only confuse voters: Monty Heying, Alameda.
Stated the City's ordinance only provides some protections, but allows no-fault and no-
cause evictions; the City is putting a second ballot measure on the ballot to cause
confusion among voters: Catherine Pauling, ARC;
Stated middle-class residents cannot afford to live in Alameda; urged moving forward
and making Alameda a place for everyone, not just a few: Mari Perez-Ruiz, Alameda.
Councilmember Oddie stated that he is very proud of the City's ordinance; the landlords
and renters do not want to compromise; the City Council should be devoting its time and
energy to the Utility Modernization Act (UMA); he will not be voting to put the City's
ordinance on the November ballot.
Councilmember Ezzy Ashcraft stated the City Council worked hard to put the City
ordinance together to protect residents; she strongly supports the City's ordinance; she
has concerns with the flexibility of a Charter amendment versus an ordinance; inquired
if the City is going to provide educational material outreach similar to the UMA to
educate the electorate about the City's ordinance.
The City Clerk responded in the affirmative; stated the City will simply present facts and
educate people, not advocate a position.
Councilmember Ezzy Ashcraft stated if the ARC measure does not pass in November,
she is ready to sit down with the members of ARC and see what can be done to make
the City ordinance better; she feels the City ordinance does not necessarily need to go
on the November ballot, but she strongly supports the ordinance.
Councilmember Daysog stated that he strongly supports the City's ordinance and
placing the ordinance on the ballot; the ARC initiative is Berkeley style rent control;
many cases that have come to the RRAC have been settled; the City ordinance
represents the Alameda way of doing things.
Acting Mayor Matarrese stated the electorate being exposed to two campaigns is very
important; an informed vote is better than a vote of frustration.
Mayor Spencer stated the City's ordinance is a result of the hard work of the Council
listening to the community and is a reasonable solution to a very serious problem; she
agrees with Acting Mayor Matarrese's comment to have both initiatives on the ballot.
Councilmember Ezzy Ashcraft inquired how the process works if there are two actions:
1) place the measure on the ballot, and 2) decide who would author the direct and
rebuttal arguments.
The City Attorney responded to put the measure on the ballot, Council would have to
adopt the resolution; then, decide whether Council wants to draft an argument for the
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Alameda City Council
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August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,5,"measure; a committee of two needs to be appointed similar to the UMA.
Councilmember Ezzy Ashcraft stated Vice Mayor Matarrese voted against the City's
ordinance in the beginning.
Acting Mayor Matarrese stated he would have liked to have the relocation fees be
subject to mediation, but he is supportive of the other measures; the serious flaw is that
one standard is applied to the back end of the process; both measures not passing
would be an opportunity to open up a discussion and modify the City's ordinance; he
suggests placing the City's ordinance on the ballot as one motion and the argument as
a second motion.
Councilmember Ezzy Ashcraft stated the good thing about an ordinance is that it has
the flexibility to add other provisions; inquired if anyone could sign the argument.
Mayor Spencer stated she has some proposed changes to the ballot question.
The City Clerk responded that the adoption of the resolution includes the ballot
question; if Council is adopting the resolution, then they are approving the language of
the ballot question; the ballot question is currently 73 words.
Mayor Spencer suggested the following changes: ""shall the voters adopt the City
Council's March 31st "" she would like to add the word ""Council"" to help people
understand it; change: ""(b) requires mediation review... add the word ""review,"" and
change: ""(c) restricts reasons for evictions.. "" read, ""limits and conditions evictions;""
said changes do not change the number of words, yet are more forthcoming with what
Council is proposing; lastly change to: ""(b) including binding decisions on rent increases
above 5%;"" said changes would make the question more clear.
Acting Mayor Matarrese requested clarification about whether the word Council would
be added after City to read ""adopted by the City Council's,"" to which Mayor Spencer
responded in the affirmative.
Acting Mayor Matarrese inquired whether the next change requested by Mayor Spencer
is changing to ""requires review,"" instead of ""mediation of all residential rent increases
above 5%,"" to which Mayor Spencer responded in the affirmative; stated the wording
would be more clear by adding the word review and the second part of the phrase
would be: including binding decisions on rent increases above 5%.
Acting Mayor Matarrese stated the Council does not have the capability to reconstruct
the whole ballot question; inquired whether the last change is ""limit and conditions
reasons for evictions.""
Mayor Spencer responded that she believes limits and conditions is more clear about
what the Council is doing.
Regular Meeting
Alameda City Council
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,6,"Acting Mayor Matarrese inquired how Council feels about changing ""adopt the City's"" to
""adopt the City Council's"".
Councilmember Oddie stated he is not agreeable because he is not voting for the ballot
measure.
The City Attorney stated City Council adopted the ordinance, but the City's ordinance is
what is in the Alameda Municipal Code.
Councilmember Daysog stated he will defer to the City Attorney and the City Manager
on the ballot question.
Councilmember Ezzy Ashcraft agreed.
Acting Mayor Matarrese stated not hearing a majority he suggested a motion to approve
the wording as written.
Councilmember Daysog moved adoption of the resolution as written.
Councilmember Ezzy Ashcraft inquired whether the motion is to put the measure on the
ballot, to which Acting Mayor Matarrese responded in the affirmative.
Mayor Spencer seconded the motion, which carried by the following roll call vote:
Councilmember Daysog: Aye; Councilmember Ezzy Ashcraft: No; Councilmember
Oddie: No; Vice Mayor Matarrese: Aye; Mayor Spencer: Aye. Ayes: 3; Noes: 2.
Acting Mayor Matarrese stated the Council needs to address the question of authoring
arguments.
Mayor Spencer stated that she would be interested in authoring the arguments.
Councilmember Ezzy Ashcraft stated that she objects to the Mayor participating in
drafting the argument because the Mayor the authored an argument against the
Council's act, UMA, and the Mayor authored an argument opposing the renters'
initiative, which has substandard reasoning and poor writing; it is time for other people
to step up to the task.
Mayor Spencer stated having her author the argument is very appropriate because she
has been part of the process from the beginning, she is the Mayor and the measure is
Council's work; she would like to be part of it; inquired whether anyone else is interested
in participating.
Councilmember Daysog stated that he was involved in the UMA and joined residents in
raising concerns in the argument against the renters' initiative; he is happy to be
involved, but does not have to be involved; he would like to sign the argument; he has
confidence that whoever authors the argument will write something persuasive.
Regular Meeting
Alameda City Council
6
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,7,"Councilmember Oddie stated there is value in having argument authors other than
those who authored the argument opposing the ARC initiative.
Councilmember Ezzy Ashcraft stated a couple of Councilmembers have not stepped up
to the plate; she and Councilmember Oddie could author the arguments; she would like
to highlight the strength of the City's ordinance rather than attacking anyone; thanked
Councilmember Daysog and Vice Mayor Matarrese for doing a great job writing the
UMA arguments.
Acting Mayor Matarrese outlined the process of working with staff on the UMA
argument; stated Council needs to decide whether the same process will be followed.
Mayor Spencer stated that she does not have a problem working with staff.
Councilmember Ezzy Ashcraft moved approval of having herself and Councilmember
Oddie author the argument.
Councilmember Daysog stated that he would like to sign one of the arguments, either
the direct or rebuttal.
Councilmember Oddie suggested an option from the staff report be selected.
Councilmember Ezzy Ashcraft responded staff report Option 4 [authorize no more than
two Councilmembers to draft an argument and sign and have up to three/four other
eligible voters sign].
Councilmember Daysog seconded the motion.
Under discussion, Mayor Spencer inquired whether Councilmembers Ezzy Ashcraft and
Oddie voted against placing the measure on the ballot and are now asking to author the
argument in favor.
Acting Mayor Matarrese responded in the affirmative.
Mayor Spencer stated that she is concerned about having two Councilmembers, who
voted against placing the measure on the ballot, write the argument in favor; however, if
the Council is in agreement to do so, the argument should be reviewed by the majority
of Council before it is submitted; she does not think it is appropriate to have the two
Councilmembers, who voted against placing the measure on the ballot, be the only two
Councilmembers involved in writing the argument; someone who voted to place the
measure on the ballot should be involved in writing the argument.
Councilmember Daysog stated Mayor Spencer raises a good point; given the
magnitude of the impact of the question before the City, he would hope Council would
be united in expressing support for the ordinance.
Regular Meeting
Alameda City Council
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,8,"Councilmember Oddie stated one thing some Councilmembers take seriously is
respecting the will of the Council when the Council makes a decision, even if the
Councilmember is on the losing side; if tasked with drafting the argument, he would
respect the will of the Council; offered a friendly amendment to the motion; suggested
Option 3, which allows some Councilmembers to sign.
Councilmember Ezzy Ashcraft stated that she accepts the amendment.
Acting Mayor Matarrese requested the Clerk to repeat the motion amendment.
The City Clerk stated the motion amendment is: to authorize no more than two
Councilmembers to draft an argument and have a combination of Councilmembers and
other eligible voters sign.
Councilmember Daysog stated that he would like it clear that two Councilmembers
would author the argument and all five Councilmembers would be able to sign if they
choose.
Councilmember Ezzy Ashcraft stated said suggestion would be Option 2.
Councilmember Oddie stated Option 2 is to have all Councilmembers sign the
argument; suggested modifying the language in Option 3 to say that up to all
Councilmembers council sign and others could sign if a Councilmember declines to
sign.
Councilmember Ezzy Ashcraft agreed.
Mayor Spencer stated all Councilmembers being allowed to sign the argument is
imperative.
Councilmember Daysog stated the language allows doing so.
On the call for the question, the motion carried by unanimous roll call vote:
Councilmember Daysog: Aye; Councilmember Ezzy Ashcraft: Aye; Acting Mayor
Matarrese: Aye: Councilmember Oddie: Aye; Mayor Spencer: Aye. Ayes - 5.
Mayor Spencer inquired about the rebuttal.
Acting Mayor Matarrese inquired whether the same subcommittee would write the
rebuttal, just like the UMA.
The City Attorney responded in the affirmative.
CITY MANAGER COMMUNICATIONS
Regular Meeting
Alameda City Council
8
August 8, 2016",CityCouncil/2016-08-08.pdf
CityCouncil,2016-08-08,9,"(16-397) The City Manager thanked the AMP General Manager for his service; stated
the Assistant City Manager will be the Interim Part Time General Manager and previous
AMP employee, Julie Ann Boyer, will assist; stated the Human Resources department
has started the search process for the next General Manager.
ORAL COMMUNICATIONS, NON-AGENDA
(16-398) Maria Dominguez, ARC, stated there is a housing crisis in Alameda; she is
encouraging people to vote.
COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(16-399) Councilmember Oddie stated he, Councilmember Daysog and Mayor Spencer
had a chance to attend the Seaplane Lagoon event, seeing people using the Seaplane
Lagoon was great.
(16-400) Councilmember Daysog stated he, along with the City Manager and
Councilmember Ezzy Ashcraft, attended an East Bay Division League of Cities event
which summarized issues that will come before the voters in November.
ADJOURNMENT
There being no further business, Acting Mayor Matarrese adjourned the meeting at 8:35
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
August 8, 2016",CityCouncil/2016-08-08.pdf