body,date,page,text,path
CityCouncil,2017-10-03,1,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -OCTOBER 3, 2017--5:00 P.M.
Mayor Spencer convened the meeting at 5:01 p.m.
Roll Call -
Present:
Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer - 5.
Absent:
None.
The meeting was adjourned to Closed Session to consider:
(17-567) Conference with 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: One (As Defended - City Exposure to Legal
Action).
(17-568) Conference with 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: One (As Responded (Amicus Curiae - City
Exposure to Legal Action).
(17-569) Conference with Conference with Legal Counsel - Anticipated Litigation;
Initiation of Litigation Pursuant to Subdivision (c) of Section 54956.9 of the Government
Code; Number of Cases: One (As Plaintiff - City Initiating Legal Action).
Following the Closed Session, the meeting was reconvened and Mayor Spencer
announced that regarding City Exposure to Legal Action, a status report was provided
and direction was given to staff; regarding Amicus Curiae, that she is a member of
Mayor's Against Lesbian Gay Bisexual and Transgender (LGBT) Discrimination which
sent out a request to mayors to participate in litigation that is anticipated regarding
Masterpiece Cakeshop versus Colorado Civil Rights Commission; Council authorized
the Mayor and City Council to sign onto the U.S. Supreme Court friend of the Court brief
being submitted in support of the rights of the Colorado Civil Rights Commission and a
same sex couple who was refused service by a commercial bakery; the commercial
bakery argued that it should be exempt from a law prohibiting discrimination against
LGBTQ people based on its owners asserted religious opposition to same sex marriage;
the Amicus brief, which is being drafted by attorneys from the Santa Clara County
Counsel's Office and the Los Angeles City Attorney's Office will focus on: 1) the
importance of ensuring the continued enforcement of non-discrimination laws
highlighting the range of local support for non-discrimination laws and policies, and 2)
the wide range in harms that granting the bakery's request would do to the enforcement
of local laws; the case is entitled Masterpiece Cakeshop versus Colorado Civil Rights
Commission; thanked the group Mayor's Against LGBT Discrimination for offering the
opportunity to local governments; thanked City Council for deciding to support the brief;
and regarding City Initiating Legal Action, direction was given to staff.
Special Meeting
Alameda City Council
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,2,"Adjournment
There being no further business, Mayor Spencer adjourned the meeting at 6:27 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
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,3,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY--OCTOBER: - 3, 2017--7:00 P.M.
Mayor Spencer convened the meeting at 7:03 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
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(17-570) The City Manager made an announcement about the hiring of the new Fire
Chief.
(17-571) Proclamation Declaring October 4, 2017 as Walk and Roll to School Day.
Meghan Thornton, Safe Routes to School Parent Champion for Henry Haight
Elementary School, made brief comments.
Mayor Spencer read the proclamation and presented it to Ms. Thornton.
(17-572) Proclamation Declaring October 6, 2017 at USS Kennebec Day. Not heard.
(17-573) Proclamation Declaring October 2017 as Lesbian, Gay, Bisexual,
Transgender, and Queer/Questioning (LGBTQ) History Month.
Mayor Spencer read the proclamation and presented it to Mark Sorensen, Cheryl
Saxton, Denise Gasti, and Ken Werner, who all made brief comments.
ORAL COMMUNICATIONS, NON-AGENDA
(17-574) Chris Lencioni, Alameda, discussed his vehicle being stolen and getting
a
ticket; suggested license plate readers be installed on vehicles which issue tickets.
CONSENT CALENDAR
Mayor Spencer announced the salary schedule resolution [paragraph no. 17-580 and
food service ware ordinance [paragraph no. 17-585 were removed from the Consent
Calendar for discussion.
Councilmember Ezzy Ashcraft moved approval of the remainder of the Consent
Regular Meeting
Alameda City Council
1
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,4,"Calendar.
Councilmember 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.]
(*17-575) Minutes of the Special City Council Meetings Held on September 5, 2017.
Approved.
(*17-576) Ratified bills in the amount of $3,802,220.90.
(*17-577) Recommendation to Authorize the City Manager to Execute a First
Amendment to an Agreement with NexLevel Information Technology, Inc., to Add the
Amount of $55,500 for Procurement and Software Selection Services for the City's New
Enterprise Resource Planning System and $17,000 to support the Corporation for
Education Network Initiatives in California (CENIC) Pilot Project. Accepted.
(*17-578) Recommendation to Authorize the City Manager to Execute a Fourth
Amendment to the Emergency Medical Services First Responder Advanced Life
Support and Ambulance Transport Service Agreement with the County of Alameda to
Extend the Agreement to June 30, 2018. Accepted.
(*17-579) Resolution No. 15312, ""Amending the Transportation Demand Management
Plan for Alameda Point (TDM Plan). Adopted.
(17-580) Resolution No. 15313, ""Amending the Management and Confidential
Employees Association (MCEA) Salary Schedule Establishing the Classification of
Senior Transportation Coordinator, Allocating Two Senior Transportation Coordinator
Positions, and Eliminating One Transportation Coordinator Position Effective October 3,
2017 and One Part-time Staff for a Total Increase in Staffing of 0.5 Positions."" Adopted.
In response to Vice Mayor Vella's inquiry, the Human Resources Director stated staff is
still reviewing the positions.
Expressed support for the positions; stated the extra staffing is important to fulfil the
commitment to climate sustainability: Ruth Abbe, Community Action for a Sustainable
Alameda (CASA).
Councilmember Matarrese moved adoption of the resolution.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
(*17-581) Resolution No. 15314, ""Authorizing Execution of the State Standard
Agreement for the Housing Related Parks Grant from the State Department of Housing
and Community Development for Playground Improvements in the Amount of
Regular Meeting
Alameda City Council
2
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,5,"$124,310."" Adopted.
(*17-582) Ordinance No. 3190, ""Approving an Amended and Restated Lease and
Authorizing the City Manager to Execute Documents Necessary to Implement the
Terms of an Amended and Restated Lease Agreement with Mr. Hi Chi Chen and Mrs.
Lena Muy Chiv, a Married Couple, DBA Hometown Donuts, for 1930 Main Street.""
Finally passed.
(*17-583) Ordinance No. 3191, ""Approving a Grant of Non-Exclusive Easement and
Authorizing the City Manager to Execute Documents Necessary to Implement the
Terms of Grant of Non-Exclusive Easement to Alameda Boys & Girls Club and Alameda
Unified School District for Access and Maintenance."" Finally passed.
(*17-584) Ordinance No. 3192, ""Approving a Purchase and Sale Agreement of Building
40, Located at 800 West Tower Avenue at Alameda Point, with Bladium, Inc, a
California Corporation.' Finally passed.
(17-585) Ordinance No. 3193, ""Amending the Alameda Municipal Code Section 4-4
(Disposable Food Service Ware) to Prohibit Certain Single-Use Plastics such as Straws
and Clarifying Compostable Food Service Ware Requirements.' Finally passed.
Mayor Spencer stated that she left the last meeting on Council business before the
ordinance was introduced; thanked Council for supporting the ordinance.
Expressed support for the ordinance; stated CASA will work with the restaurant
community to transition to compostable take-out packaging: Ruth Abbe, CASA.
Mayor Spencer stated letters were received from Edison Elementary School students in
support of the green efforts.
Councilmember Oddie thanked Mayor Spencer for bringing the referral forward; stated
Thursday at 6:30 p.m. there will be a CASA workshop for updating the City's Local
Action Plan for climate protection.
Mayor Spencer thanked staff for their work.
Councilmember Matarrese moved final passage of the ordinance.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
REGULAR AGENDA ITEMS
(17-586) Presentation of Certificates of Appreciation to the Mayor's Fourth of July
Parade Committee Members, Followed by the Committee Members Presenting a Check
to the USS Hornet.
Regular Meeting
Alameda City Council
3
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,6,"Barbara Price, Fourth of July Parade Chair, made brief comments.
Mayor Spencer presented certificates to Barbara Price, Jim Franz, Mark Sorensen,
Blake Brydon, Betty Dittmer, Troy Hosmer, and Kari Thompson.
Ms. Price stated the USS Hornet representative could not be here tonight; $1,000 is
being donated from the Parade Committee to the USS Hornet.
(17-587) Proclamation Declaring October 1 through 7, 2017 as Public Power Week.
Mayor Spencer read the proclamation and presented it to Ann McCormick, Public
Utilities Board President.
Ms. McCormick made brief comments.
(17-588) Receive an Update on Recent Water Quality Issue at Alameda Point.
The City Manager and Base Reuse Director gave a brief presentation.
Mayor Spencer inquired whether the grants or loans are only available to the City if it
keeps a fiscally neutral position, to which the City Manager responded in the negative;
stated the grants and loans are available to the City regardless of the City's position.
Vice Mayor Vella inquired whether the other funding is a tax measure or bond.
The City Manager responded the decision depends on what the community would like
to do.
Vice Mayor Vella stated that she understood funding would be available through
potential development; inquired whether the development is being expedited.
The City Manager responded the City leases to businesses that rely on the 70 year old
infrastructure as the City waits for developers; stated the businesses in the area are at
risk with the failing infrastructure.
Councilmember Oddie inquired what is the cost.
The Base Reuse Director responded the total cost for all the infrastructure at the entire
base is $650 million; stated the three adaptive reuse areas total approximately $45
million, which includes all utilities and surface improvements; the area contains tenants
that are purchasing buildings.
Councilmember Oddie inquired whether the proposal includes Site A and spirits alley.
The Base Reuse Director responded in the affirmative; stated there are several ways
Regular Meeting
Alameda City Council
4
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,7,"the project can be done; staff has targeted the project with an incremental, phased
approach; the Council will be involved throughout the phases; the contract has to be
started to figure out the engineering and different possibilities.
Councilmember Oddie inquired how many buildings have sold, to which the Base
Reuse Director responded only one.
Councilmember Oddie inquired whether Bladium has sold, to which the Base Reuse
Director responded in the negative; stated two other buildings should sell and bring in
an additional $13 million.
Councilmember Oddie inquired whether all the proceeds from the building sale will be
used for infrastructure.
The Base Reuse Director responded the City always uses the proceeds from Alameda
Point for Alameda Point infrastructure; stated the question is should other sources be
leveraged to complete work faster.
Councilmember Oddie inquired whether a loan could be generated between funds and
the funds could be regenerated through the sales, to which the Base Reuse Director
responded in the affirmative.
Councilmember Oddie inquired whether doing so is still being neutral, to which the City
Manager responded in the affirmative.
The Base Reuse Director stated staff can explore other options that Council chooses.
Councilmember Oddie inquired when is the earliest time residents and businesses
could connect to a new trench.
The Base Reuse Director responded the date depends on the location; a new water
would take 3 to 4 years if the process is started now for the entire design and
construction.
Councilmember Oddie inquired if the City digs a new trench could we connect with the
Veteran's Administration (VA), to which the Base Reuse Director responded in the
affirmative; stated doing so would depend on the timing of the VA project.
Councilmember Oddie inquired when would East Bay Municipal Utility District (EBMUD)
take ownership.
The Base Reuse Director responded any time new water infrastructure is put in, it must
go through EBMUD's design process; stated once approved, it will then be EBMUD's
infrastructure.
Vice Mayor Vella inquired what was the previous plan.
Regular Meeting
Alameda City Council
5
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,8,"The Base Reuse Director responded the previous plan was to have developers pay for
the infrastructure as they came in to build the development; stated in the adaptive reuse
area, the idea is to take the proceeds from the building sales and keep it there until
there are sufficient funds to design, engineer and construct major capital improvements.
Vice Mayor Vella inquired whether the plan is the take funds from other City projects,
meaning deferred maintenance or deferred projects.
The City Manager responded in the negative; stated staff is looking at different revenue.
Vice Mayor Vella inquired whether one of the options is a bond, to which the City
Manager responded in the affirmative; stated there are a number of other revenue
sources to review.
Vice Mayor Vella inquired whether the focus is to put all the money into Alameda Point.
The City Manager responded a portion of the money would go to Alameda Point.
Vice Mayor Vella inquired where money would be borrowed from.
The City Manager responded if the Council borrows from the General Fund, once a
building sells, the money would be returned to the General Fund.
Vice Mayor Vella inquired if there is a timeline for when the buildings could sell.
The Base Reuse Director responded staff can make projections, but the funds are not
available until the building closes.
Vice Mayor Vella inquired whether there is a plan in place with no funding.
The Base Reuse Director responded staff would like Council's input to explore other
options; stated there is no new plan in place.
Councilmember Oddie inquired whether the City has to wait until properties sell to
receive any cash, to which the Base Reuse Director responded in the affirmative.
Mayor Spencer inquired whether the entire City would be responsible for any
repayment, not just a portion of the City.
The City Manager responded Council could give direction on said policy question.
Mayor Spencer inquired whether the City is the legally responsible party.
The Base Reuse Director responded there is a way to structure the financing; stated
staff would work with the City Attorney's office.
Regular Meeting
Alameda City Council
6
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,9,"Doug Linney and David Briggs, EBMUD, made brief comments.
Mayor Spencer inquired what Mr. Briggs meant when referring to ""that night.""
Mr. Briggs responded September 12, 2017 is when EBMUD confirmed there was non-
EBMUD water in the system.
Mayor Spencer inquired whether a specific list of the calls has been given to the City.
Mr. Briggs responded general information has been relayed to staff; he can provide
specific information, if needed.
Stephan Cahina, State Water Board, outlined what the State Water Board did to assist
with the water incident; stated the State Water Board will need an incident report to try
and avoid the same kind of episode in the future.
Stated the problems with the water and sewer lines at Alameda Point happen on almost
a weekly basis; urged Council to put in a new water system for the residents and
businesses that live in substandard conditions: Doug Biggs, Alameda Point
Collaborative.
Urged Council to repair the infrastructure at Alameda Point: Kelly Kearney, Pacific Fine
Foods.
Vice Mayor Vella inquired whether the problem is an infrastructure problem or if the
problem was contamination from a cross valve.
The Public Works Coordinator responded the incident was caused by a cross
connection, which is an indication that the system is not built to EBMUD standards.
Vice Mayor Vella inquired whether EBMUD has other cross connections within their
systems.
The Public Works Coordinator responded there is a potential for cross connection in any
drinkable water system.
Mayor Spencer inquired whether the incident could have happened anywhere on the
Island, to which the Public Works Coordinator responded in the affirmative.
In response to Mayor Spencer's inquiry, the City Manager stated the incident is one in a
series of issues at Alameda Point.
Mayor Spencer inquired whether staff will return with specific information related to the
incident and what the City is doing to fix the issues long term.
Regular Meeting
Alameda City Council
7
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,10,"The Base Reuse Director responded there are a number of different issues at Alameda
Point and staff would like discuss reviewing alternative financing sources.
Mayor Spencer inquired whether staff is asking for further direction before the contract
comes to Council.
The Base Reuse Director responded the contract is a separate item; stated staff is
inquiring whether Council would like the old plan, which was focused on development,
to be updated and to focus on inter-loan transfers and funding.
Mayor Spencer stated that she would like a more comprehensive report before direction
is given.
Councilmember Ezzy Ashcraft stated the Council needs to look at the issue long term
and be proactive; the residents and businesses at Alameda Point are not second class
citizens and deserve working infrastructure.
Vice Mayor Vella inquired if there is a report that captures the anecdotal evidence that
has been presented.
The Base Reuse Director inquired whether Vice Mayor Vella is referring to the incident
report.
Vice Mayor Vella responded that she is referring to a report on the other issues to justify
why Council is being asked to change the funding.
The Base Reuse Director responded there is no report; stated the master infrastructure
plan documents the condition of all the different utilities and the issues that have
occurred at Alameda Point; a report can be done at a later date.
Vice Mayor Vella inquired whether the specific issue with the water is related to the
design and not the infrastructure.
The Base Reuse Director responded the infrastructure is safe, but the condition and
mapping are not like other parts of the City.
Vice Mayor Vella inquired whether the mapping that occurred over the summer was
comprehensive.
The Base Reuse Director responded the mapping was focused on the water lines.
Vice Mayor Vella inquired whether there is a comprehensive map of the existing water
lines at Alameda Point.
The Public Works Coordinator responded staff does not have the results of the work
yet.
Regular Meeting
Alameda City Council
8
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,11,"Vice Mayor Vella inquired if the City had the results of the work, would it have helped
identify the problem.
The Public Works Coordinator responded in the negative; stated the project did not
involve identifying irrigation lines.
Vice Mayor Vella inquired whether the work to map the water lines was contracted out,
to which the Public Works Coordinator responded in the affirmative.
Vice Mayor Vella inquired whether there is only one well at Alameda Point, to which the
Public Works Coordinator responded in the affirmative.
Vice Mayor Vella inquired what the cost was for the contracting service.
In response to Vice Mayor Vella's inquiry, the Public Works Coordinator stated the cost
was approximately $150,000.
Councilmember Matarrese inquired if mapping the water lines would have shown the
connections.
The Public Works Coordinator responded the mapping is done above ground and would
not have identified a cross connection underground.
Councilmember Matarrese inquired if the mapping project was not comprehensive
because it was not done underground.
The Public Works Coordinator responded there is adequate mapping.
Councilmember Oddie inquired if the funding is different than the Site A developer
contribution.
The Base Reuse Director responded the Site A infrastructure is different.
Councilmember Oddie inquired what is the difference between Site A infrastructure and
the trench being evaluated.
The Base Reuse Director responded the City has to go utility by utility; stated there are
a lot of different ways the project can be done.
Councilmember Oddie stated that he does not want the City to spend money that other
people should be spending.
The Base Reuse Director stated staff is being very careful and will inform Council why
projects are being recommended before they happen.
Regular Meeting
Alameda City Council
9
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,12,"Mayor Spencer inquired what are the next steps and if staff is requesting direction from
Council on the additional financing sources.
The City Manager inquired whether Mayor Spencer is referring to the long term or
intermediate steps in the staff report.
Mayor Spencer responded the next long term steps.
The City Manager responded staff is asking Council for direction on whether the
infrastructure at Alameda Point should be expedited by reviewing alternative funding
options.
Mayor Spencer inquired whether staff would return to Council for a decision at a later
date, to which the City Manager responded in the affirmative; stated staff is looking for
policy level direction.
Mayor Spencer inquired if the long term steps can be bifurcated from the other direction.
Vice Mayor Vella inquired when the matter will return to Council, what will specifically be
looked into and what information will be provided.
The City Manager responded staff can provide a report on the history of living and
working at Alameda Point as it relates to infrastructure; stated she would like Council to
assume the infrastructure is 70 years old and needs to be replaced; inquired if Council
would like to review ways to rectify the infrastructure.
Councilmember Matarrese stated there is enough evidence that the infrastructure needs
to be replaced; he would like to see a report that has an exact description of the failure,
which calls first came in, what is the trend and root cause and why, what preventative
action is being taken immediately and the corrective action which needs to be monitored
to ensure its effectiveness; he concurs with Councilmember Oddie that the City should
not be spending money now that a developer is slated to spend; residents at Alameda
Point are using the water and the infrastructure needs to be fixed now.
Councilmember Ezzy Ashcraft concurred with Councilmember Matarrese; stated the
work needs to be done now.
Councilmember Oddie also concurred with Councilmember Matarrese; stated that he
would like a report from the Disaster Council on the plan; the outages should be
tracked; he would like to see pictures and maps and evaluate the cost.
Vice Mayor Vella stated there needs to be a record of the instances that have
happened; there have been a number of different utility failures; Council needs to
understand why utilities are failing; she would like to understand the design flaws to be
able to address the needs and have a long term solution; questioned how will the
phases would be funded and what is the impact if one of the phases does not go
Regular Meeting
Alameda City Council
10
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,13,"through; is there a Plan B.
Mayor Spencer stated that she heard complaints about EBMUD not immediately
responding and not immediately communicating with the City; she would like to know
what calls came in and when, what response was taken and how notice was given to
residents; she also received complaints that people did not know the meeting with the
Police Chief was going to take place; having the public know about meetings with the
Disaster Council is important; there are claim forms on the City of Alameda website for
residents to submit a claim for damages; she would like to know when Councilmembers
were notified and the response taken; many residents were disappointed in the
response; Nixle is one way people can be notified; she would like to know how the
project will be funded and which issues will be addressed first; inquired when Council
will receive a report on what specifically happened; requested review of the incident and
the long term solution be addressed separately.
The Assistant City Attorney stated the City Attorney's Office is conducting an
independent investigation of the incident and working with EBMUD and the State Water
Board to complete a report required by the State; the report should be ready in two to
three months.
Mayor Spencer inquired whether residence and business owners can provide their
feedback by contacting the City Attorney's Office, to which the Assistant City Attorney
responded in the affirmative.
Mayor Spencer inquired whether the contact information can be added to the Frequently
Asked Questions (FAQ's) section on the City website, to which the Assistant City
Attorney responded in the affirmative.
Mayor Spencer inquired when staff anticipates returning to Council with the long term
plan.
The City Manager responded staff will have to review the whole infrastructure plan;
stated a contract will be presented to Council on October 17, which will take
approximately six months.
The Base Reuse Director stated staff has documentation of the existing conditions and
can lay out the different ways to finance the infrastructure; the project will happen in
phases; a report on the current issues can be done at the same time as the financing
options.
Vice Mayor Vella requested a breakdown of the $650 million; inquired whether the focus
can be on the pressing needs.
The Base Reuse Director responded in the affirmative; stated there are a lot of different
ways to structure the improvements.
Regular Meeting
Alameda City Council
11
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,14,"Vice Mayor Vella inquired whether all of the items included in the $650 million need to
be considered in Council's determination.
The Base Reuse Director responded $45 million for utilities and surface improvements
relates to the three loops.
***
Mayor Spencer called a recess at 9:04 p.m. and reconvened the meeting at 9:15 p.m.
***
(17-589) Public Hearing to Consider Alteration of the Rate and Method of
Apportionment of Special Taxes for Community Facilities District No. 13-1; and
(17-589A) Resolution No. 15315, ""Calling Special Election Regarding Alteration of the
Rate and Method of Apportionment of Special Taxes for Community Facilities District
(CFD) No. 13-1 (Alameda Landing Public Improvements). Adopted.
The Community Development Director gave a brief presentation.
Councilmember Ezzy Ashcraft inquired how many registered voters reside in the
Community Facilities District.
The Community Development Director responded there are more than 12 voters, which
triggers the requirement to conduct a special election; stated the City Clerk will not
receive the information from the Registrar of Voters until after the paperwork is
submitted.
Councilmember Ezzy Ashcraft inquired whether the residents are located in the TRI
Pointe homes, to which the Community Development Director responded in the
affirmative.
Councilmember Ezzy Ashcraft inquired whether the election would be by mail, to which
the Community Development Director responded in the affirmative.
Councilmember Oddie moved adoption of the resolution calling special election
regarding alteration of the rate and method of apportionment of special taxes for
Community Facilities District 13-1, Alameda Landing Public Improvements.
Councilmember Matarrese seconded the motion.
Under discussion, Mayor Spencer inquired how the proposed amendment has no
impact to the rate and method of apportionment of special taxes.
The Community Development Director responded there is already a maximum special
tax levy, which would remain unchanged.
Regular Meeting
Alameda City Council
12
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,15,"Mayor Spencer inquired whether the residents are currently not paying any monies.
The Community Development Director responded there is no assessment because the
property is still publicly owned.
Mayor Spencer inquired whether there would be less monies received if the residents
are exempt.
The Community Development Director responded there would be less money, but the
bonds have been issued; stated Catellus committed to tying the debt services to new
residential construction, so it will not impact the existing residents.
Mayor Spencer inquired whether Catellus votes at the election, to which the Community
Development Director responded in the negative.
Mayor Spencer inquired whether anyone connected to the property votes, to which the
Community Development Director responded in the negative; stated the voting is strictly
limited to the registered voters in the CFD.
On the call for the question, the motion carried by unanimous voice vote - 5.
(17-590) Recommendation to Receive an Informational Report on the Public Access
Pathways Associated with the Tidal Canal Project.
The Public Works Project Manager and Recreation and Parks Director gave a Power
Point presentation.
Councilmember Oddie inquired if the survey was a scientific survey.
The Recreation and Parks responded in the negative; stated the survey was only to get
a read of the residents in the neighborhood.
Mayor Spencer inquired whether the survey has been shared on the City's website, to
which the Public Information Officer responded in the negative; stated staff wanted the
survey targeted to the specific neighborhood.
Councilmember Ezzy Ashcraft stated if public money is being put into improving public
access and paths, the survey should not be restricted to a certain neighborhood.
The Recreation and Parks Director stated once the feasibility study is done, the public
input process will include the entire community, not just the one neighborhood.
Councilmember Ezzy Ashcraft stated that she thought the idea is to give more residents
access to the water; inquired why the survey was not opened up community wide.
The Public Information Officer responded the survey was conducted to test the section
Regular Meeting
Alameda City Council
13
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,16,"of residents to see what ideas they had going into the feasibility study.
Mayor Spencer inquired what is the purpose of the community survey or the community
meetings; why would staff not have a consultant review the Police reports and provide
an evidence based plan to provide security to the neighbors.
The Recreation and Parks Director responded that the purpose of the feasibility study is
to receive a professional opinion on options and return to the community.
Mayor Spencer inquired why staff is not planning to return to Council with the
professional opinion to allow public comment and make a decision.
The City Manager responded Council has asked for incremental input into the process,
which staff is providing.
Mayor Spencer inquired whether the input is being used to prepare the feasibility report
or will the consultant review everything, take it to the neighbors and receive feedback.
The Recreation and Parks Director responded it is important to know the neighbors'
concerns and have the consultant provide a professional opinion of what is safe and
feasible.
Councilmember Oddie inquired if another site is going to be discussed for a possible
kayak launch.
The Recreation and Parks Director responded the new site for kayak launch is the East
Shore Drive access point; continued the presentation.
Mayor Spencer inquired when the matter would return to Council.
The Recreation and Parks Director responded less than two months after the
Recreation and Parks Commission which is in spring 2018.
Mayor Spencer inquired whether the matter will return before August 2018, to which the
Recreation and Parks Director responded that is her goal.
Mayor Spencer inquired what spring means.
The Recreation and Parks Director responded April or May 2018.
Mayor Spencer inquired whether the matter could return in June 2018, to which the
Recreation and Parks Director responded in the affirmative.
Mayor Spencer stressed the importance of the matter returning to Council before the
August 2018 recess.
Regular Meeting
Alameda City Council
14
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,17,"Urged Council to address the problems of trespassing, beach erosion, public safety and
security issues; expressed concerns about the sea wall, security and blind spots
backing out from garages: Donna Fisher, Alameda.
Expressed concerns with some of the short term solutions; discussed security concerns:
Rob Barretts, Alameda.
Stated Council should not waste money on a study and consultants if it is not going to
solve the issue; the survey should include the entire community: Serge Wilson,
Alameda.
Expressed concerns with encroachment on Fernside Boulevard and Eastshore Drive by
private property owners; urged Council to value public access to the space and not
allow private property owners to use the access points for personal use: Jeff
Wasserman, Alameda.
Expressed concerns with the safety and feasibility of the access points: Owen Flynn,
Alameda.
Urged Council to go forward with the feasibility study: Lee Padway, Alameda.
Councilmember Ezzy Ashcraft stated that she supports a feasibility study and moving
forward with the project, including community input.
Councilmember Oddie inquired whether $250,000 would be deducted from the $1.1
million available from the sale proceeds, to which the Recreation and Parks Director
responded in the affirmative.
Councilmember Oddie inquired if $250,000 is only for the paving and the fencing.
The Public Works Project Manager responded in the affirmative; stated $250,000 is only
an estimate.
Councilmember Oddie inquired what component of the cost is the paving and what is
the fencing.
The Public Works Project Manager responded the paving is approximately $150,000,
$30,000 is for a designer or civil engineer, and the final fence, which will be a wrought
iron, would cost $50,000.
Councilmember Oddie inquired whether there would be no cost if the fence is not
replaced, to which the Public Works Project Manager responded the current fence is a
temporary fence and will need to be replaced.
Councilmember Oddie inquired what the cost of the feasibility study is for all six access
points.
Regular Meeting
Alameda City Council
15
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,18,"The Recreation and Parks Director responded that she would not have a cost until she
receives the proposals back; she estimates $100,000 or less.
Councilmember Oddie inquired whether the speaker who stated the City would then
need to hire an engineer is correct.
The Recreation and Parks Director responded in the affirmative; stated after the
feasibility study, a Request for Proposals (RFP) will be done; design and construction
documents will cost approximately $150,000; she cannot estimate construction costs
until designs are chosen.
Vice Mayor Vella inquired what is the height of the current fence as opposed to the
proposed fence.
The Recreation and Parks Director responded the temporary fence is six feet; the
proposed fence would be four feet.
In response to Vice Mayor Vella's inquiry regarding the purpose of a four foot fence, the
Recreation and Parks Director stated to provide better visibility; the fence will not have a
gate because of Council's concern about the liability of people stepping into the water.
Vice Mayor Vella inquired what is being done to prevent flooding and sea level rise.
The Interim Public Works Director responded the feasibility study will include sea level
use projections over the next five to ten years, which might affect the use of the sites;
stated on December 5th, Public Works will be present the Climate Action Plan scope to
expanded what type of planning and adaptation measures the City needs to take.
Vice Mayor Vella inquired whether the study will encapsulate said issues, to which the
Interim Public Works Director responded in the affirmative; stated the long term Climate
Adaptation Plan will include said issues.
Mayor Spencer inquired if there is feedback from the Police Department regarding the
calls during the last six months, to which the Recreation and Parks Director responded
in the negative.
Mayor Spencer inquired what the City is doing to ensure the area is locked or to enforce
closure at dusk.
The City Manager responded the feasibility study will review the security issues; stated
staff will provide Council with the Police Department data.
Mayor Spencer inquired whether Council will consider addressing the issue of adding a
gate to the pathway now instead of later.
Regular Meeting
Alameda City Council
16
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,19,"The Assistant City Attorney responded a gate to close access to the pathways is not
logistically and aesthetically possible; stated the issue can be reviewed as part of the
feasibility study.
Mayor Spencer stated that she would like staff to look into the issue of a gate being
added.
The Assistant City Attorney stated one of the pathways is used as a driveway and
another is accessible as a pathway; arrangements would have to be made with the
property owners.
Mayor Spencer stated the property owners would have to be allowed to open and close
the gates; other parks have gates and people honor the closed gates.
The Assistant City Attorney stated staff can look into the addition of a gate.
Mayor Spencer inquired who enforces no trespassing rules.
The Assistant City Attorney responded as in all parks, the rules are posted and it is an
honor system; stated some people obey the rules and some do not.
Mayor Spencer stated that she would like a comprehensive report detailing all the
reports of Police activity and the phone calls received by the Police department;
inquired whether the feasibility report will include engineering in addition to the architect
study.
The Recreation and Parks Director responded in the negative; stated with regards to
safety, lighting is more of a crime deterrent than a gate.
Mayor Spencer inquired whether the lights will be a part of the feasibility study and if
staff is taking the security concerns seriously.
The Recreation and Parks Director responded staff is taking the security concerns
seriously.
Mayor Spencer inquired whether the signage can include that people should not ride
bikes down the driveway access points, to which the Recreation and Parks Director
responded staff can put up signage to prohibit bikes, scooters or skateboards and
indicate the pathways are pedestrian only pathways.
Councilmember Ezzy Ashcraft stated lighting is a great idea to deter crime.
Vice Mayor Vella stated signage that alerts people to the blind driveways is important;
Monte Vista Avenue pedestrian problems are still an issue; requested staff to work with
the neighbors to ensure the lighting provides security without illuminating the properties
or shining a light on residences.
Regular Meeting
Alameda City Council
17
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,20,"Mayor Spencer stated the signage should be erected sooner rather than later.
***
(17-591) Mayor Spencer stated a motion is needed to consider the remaining agenda
items: Auctions by the Bay Lease [paragraph no. 17-592], direction tracking [paragraph
no. 17-594 and ferry parking referral [paragraph no. 17-595].
Councilmember Matarrese moved approval of considering the remaining items.
Vice Mayor Vella seconded the motion, which carried by unanimous voice vote - 5.
***
Councilmember Matarrese stated there needs to be broader community input; he
agrees with doing the feasibility study; the matter should go to the Recreation and Parks
Commission with the Council comments; the funding stream should be presented to
Council along with the Police data; the Police Department should patrol the area;
signage should be posted now.
Councilmember Oddie stated safety is number one; he concurs with Councilmember
Matarrese; he is eager to see how the feasibility study addresses the sea wall issue;
expressed concerns with the budget; stated that he would like see if Council will
entertain not replacing the fence.
Mayor Spencer inquired whether the fence being six feet addresses a safety issue;
expressed concern over the fence going from six feet to four feet if the purpose of the
six foot height is due to a safety issue.
The Recreation and Parks Director responded that the fence is six feet because that is
the standard size of a temporary construction fence.
Councilmember Ezzy Ashcraft inquired if a four foot fence is adequate for the purpose
of safety.
The Recreation and Parks Director responded in the affirmative; stated people should
not be in the area at night; people would see the fence and would have to climb up to
get over the fence; Council can decide whether to put the money into a lower, more
decorative fence or use the money elsewhere.
Vice Mayor Vella stated her main concern is the safety of the community; she agrees
with waiting for the fence and utilizing the money elsewhere; urged staff to work with the
homeowners; stated that she is hopeful the feasibility study will return with an actionable
plan that is within the budget.
Councilmember Ezzy Ashcraft concurred with Vice Mayor Vella about waiting to replace
the fence and using the money elsewhere.
Regular Meeting
Alameda City Council
18
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,21,"Mayor Spencer concurred with waiting to replace the fence; stated the signage should
be posted now to prohibit bicycling and skateboarding down the access points; she
would like the report of the Police incidents on the path; people on the path after dusk
should be cited by Police; she would like the information of the prior Council decisions
made regarding the matter; requested the lighting be addressed now rather than later.
(17-592) Introduction of Ordinance Approving a Lease and Authorizing the City
Manager to Execute Documents Necessary to Implement the Terms of a Lease
Agreement with Auctions By The Bay, Inc., a California Corporation, for a Sixty Four
Month Lease for Building 525 Located at 2751 Todd Street at Alameda Point. [In
accordance with the California Environmental Quality Act (CEQA), this project is
Categorically Exempt under the CEQA Guidelines Section 15301 (c) - Existing
Facilities.] Introduced.
The Assistant Community Development Director gave a brief presentation.
Vice Mayor Vella moved introduction of the ordinance.
Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice
vote - 5.
CITY MANAGER COMMUNICATIONS
(17-593) The City Manager stated the Interim Fire Chief has received two proposals for
an update to the Emergency Preparedness Plan, the cost of the one he chose is
$21,000; announced Lime Bikes would have an unlocking at Faction Brewery on
Thursday.
Mayor Spencer noted there would be a CASA meeting on Thursday at 6:30 p.m.
(17-594) Update on Tracking of Council Direction through the Referral Process.
The City Manager stated the item would be updated after every meeting and included
on every agenda to inform the public and Council.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(17-595) Consider Directing Staff to Conduct a Workshop Involving the City Council,
Water Emergency Transportation Authority (WETA), San Francisco Bay Conservation
and Development Commission (BCDC), AC Transit and Others Relevant Groups
regarding Recently Implemented Harbor Bay Ferry Terminal Parking Solutions.
Regular Meeting
Alameda City Council
19
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,22,"(Councilmember Oddie)
Councilmember Oddie made brief comments regarding the referral.
Mayor Spencer inquired when staff plans to report back.
The City Manager responded staff will discuss preliminary data at the WETA meeting;
the matter will go to the Transportation Commission in November and return to Council
in December.
Mayor Spencer inquired whether representatives from other agencies will be present, to
which the City Manager responded WETA and AC Transit will be present.
Mayor Spencer inquired why Councilmember Oddie requested a workshop instead of a
regular agenda item.
Councilmember Oddie responded that he requested a workshop to have a regular
dialogue instead of having speakers only have 3 minutes to speak and Council not
engage with the speakers.
The City Manager stated the workshop would be a special meeting.
Mayor Spencer inquired when the workshop would take place.
Councilmember Oddie responded that he has no preference.
The City Manager stated the workshop is scheduled for the first meeting in December.
Mayor Spencer inquired whether Councilmember Oddie would like the workshop to
occur prior to the regular Council meeting, to which Councilmember Oddie responded a
lot of people cannot make a 6:00 p.m. meeting.
Mayor Spencer inquired whether the regular City Council meeting could be recessed to
allow the back and forth dialogue, then return to the regular meeting.
The City Clerk expressed concern with having to juggle the meetings with other
agencies involved.
Mayor Spencer inquired whether the workshop could occur in between the regular City
Council meeting, to which the City Clerk responded in the affirmative.
The City Attorney stated conducting the meeting in said manner would be messy.
Councilmember Matarrese stated the workshop should be a Saturday meeting; he
would also like to address the rest of the north shore development issues with WETA
and BCDC and the water taxis at the same meeting.
Regular Meeting
Alameda City Council
20
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,23,"Councilmember Ezzy Ashcraft inquired if someone from City staff attends WETA board
meetings, to which the City Manager responded in the affirmative.
Councilmember Ezzy Ashcraft stated that she concurs with the referral brought by
Councilmember Oddie; suggested having the workshop at the Harbor Bay Community
Center.
Vice Mayor Vella stated if the workshop is done at Harbor Bay Community Center she
would also like a workshop held on the West End; suggested if a joint meeting is done,
the workshop should be agendized to inform people what time the item will be
discussed.
Mayor Spencer clarified if there are two different sites there would be two different
agendas; inquired when the workshop will be held.
The City Manager responded after mid-January.
Mayor Spencer inquired whether Council would like the workshop to occur in December
before the matter returns to Council in mid-January.
The City Manager responded that the issue would be trying to get the other agency staff
to attend.
Councilmember Ezzy Ashcraft inquired if WETA could poll ferry riders to see when they
would want the meeting to be held.
Councilmember Oddie moved approval of directing staff to conduct a workshop and to
expand the workshop, as Councilmember Matarrese suggested, to include more than
just the Harbor Bay ferry.
Councilmember Matarrese seconded the motion, with the recognition that the direction
is important but not urgent.
The City Manager inquired whether Council would like to conduct the survey to find the
best time for residents, to which Council concurred.
On the call for the question, the motion carried by unanimous voice vote - 5.
COUNCIL COMMUNICATIONS
(17-596) Mayor Spencer nominated Penny Cozad for appointment to the Planning
Board.
(17-597) Vice Mayor Vella stated there is a lead Renovation, Repair and Painting (RRP)
training for the remediation and removal of lead paint on pre-1978 homes Saturday in
Regular Meeting
Alameda City Council
21
October 3, 2017",CityCouncil/2017-10-03.pdf
CityCouncil,2017-10-03,24,"Emeryville; she hopes Alameda can sponsor another training.
(17-598) Councilmember Oddie stated that he enjoyed visiting the Sister City in Korea.
(17-599) Mayor Spencer thanked staff for their efforts in putting the Sister City visit
together.
(17-600) Councilmember Ezzy Ashcraft stated that she volunteered at the Alameda
Food Bank and attended the League of California Cities implicit bias training.
(17-601) Mayor Spencer stated tomorrow is coffee with a Police Officer from 10:00 am
to noon at Starbucks.
ADJOURNMENT
There being no further business, Mayor Spencer adjourned the meeting at 10:59 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
22
October 3, 2017",CityCouncil/2017-10-03.pdf