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CityCouncil,2018-11-07,1,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
WEDNESDAY- NOVEMBER 7, 2018- 5:00 P.M.
Mayor Spencer convened the meeting at 5:05 p.m.
Roll Call -
Present:
Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer - 5.
Absent:
None.
Public Comment:
Gaby Dolphin, Alameda, stated hiring a new City Manager and City Attorney is not
business as usual; suggested holding Town Hall meeting meet and greets to allow
candidates to answer questions.
The meeting was adjourned to Closed Session to consider:
(18-595) Public Employee Appointment/Hiring; Pursuant to Government Code § 54957;
Title/description of positions to be filled: City Manager
(18-596) Public Employee Appointment/Hiring; Pursuant to Government Code § 54957;
Title/description of positions to be filled: Acting/Interim City Attorney and City Attorney
(18-597) Conference with Labor Negotiators (Government Code section 54957.6);
CITY Negotiators: David L. Rudat, Interim City Manager, Elizabeth D. Warmerdam,
Assistant City Manager and Nancy Bronstein, Human Resources Director; 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
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding the City Manager, City Attorney, and Labor, direction was
given to staff.
***
Mayor Spencer called a recess at 7:06 p.m. and reconvened the meeting at 10:36 p.m.
***
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Labor, direction was given to staff.
Special Meeting
Alameda City Council
November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,2,"Adjournment
There being no further business, Mayor Spencer adjourned the meeting at 10:52 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Meeting
Alameda City Council
September 18, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,3,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
WEDNESDAY--NOVEMBER 7, - 2018- 7:00 P.M.
Mayor Spencer convened the meeting at 7:12 p.m. Boy Scout Troop 2 led the Pledge
of Allegiance.
ROLL CALL -
Present:
Councilmembers Ezzy Ashcraft, Matarrese, Oddie,
Vella, and Mayor Spencer - 5.
Absent:
None.
AGENDA CHANGES
(18-598) The City Clerk announced the National Native American Heritage Month
Proclamation [paragraph no. 18-601], Physio contract [paragraph no. 18-607 and the
Resolution Site A/Eden [paragraph no. 18-613 would not be heard.
Mayor Spencer stated the proclamation was moved to November 27th at the request of
those accepting.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(18-599) Proclamation Declaring November 7, 2018 as Extra Mile Day.
Mayor Spencer read the proclamation and presented it to Joanne Robinson, Michael
Chen, John Jacobs, Jerry and Linda Juhala, John Knox White, Jacqueline Mitchell, Kari
Thompson, Mark Sorensen, and the family of the late Kent Rosenblum.
(18-600) Proclamation Declaring November 15, 2018 as America Recycles Day.
Mayor Spencer read the proclamation and presented it to Janet Magleby, Downtown
Alameda Business Association; Linda Asbury, West Alameda Business Association;
Janet Davis, Friends of the Alameda Animal Shelter; and Chris Valbusa and Carrie
Wright, Alameda County Industries.
Ms. Magleby and Ms. Asbury made brief comments.
(18-601) Proclamation Declaring November 2018 as National Native American Heritage
Month. Not heard.
(18-602) Proclamation Declaring November 2018 as National Veterans and Military
Families Month.
Mayor Spencer read the proclamation and presented it to Andy Huntoon, Vietnam
Veteran; Jonathan Minton United States Navy Veteran; Petty Officer Colton Lane
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,4,"Tokanada, Commander Jackie Leverich, and Eladia Minton, United States Coast
Guard; and John Kuhlenkamp and Larry Fukuba, American Legion Post 9.
Mr. Huntoon and Ms. Leverich made brief comments.
ORAL COMMUNICATIONS, NON-AGENDA
(18-603) Keith Nealy, Alameda, submitted information expressed concern over flyers
being stapled to utility poles.
CONSENT CALENDAR
The City Clerk announced the United Against Hate resolution [paragraph no. 18-614
and the cannabis ordinances [paragraph nos. 18-615 and 18-616 were removed from
the Consent Calendar for discussion.
Councilmember Ezzy Ashcraft moved approval of the remainder of the Consent
Calendar.
Councilmember Oddie seconded the motion, which carried by unanimous voice vote -
5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*18-604) Minutes of the Joint City Council and Successor Agency to the Community
Improvement Commission Meeting Held on September 18, 2018 and the Special and
Regular City Council Meetings Held on October 2, 2018. Approved.
(*18-605) Ratified bills in the amount of $5,268,058.98.
(*18-606) Recommendation to Authorize the Interim City Manager to Negotiate and
Execute an Agreement for the Purchase of One Horton F-550 Type I Ambulance in an
Amount Not to Exceed $385,178 Accepted.
(18-607) Recommendation to Authorize the Interim City Manager to Execute a Three
Year Contract, in an Amount Not to Exceed $30,000 Annually for a Total Three-Year
Expenditure Amount Not to Exceed $90,000, with Physio Control for Warranty and
Maintenance of Fire Department Advanced Life Support (ALS) Medical Monitors and
Equipment. Not heard.
(*18-608) Recommendation to Authorize the Interim City Manager to Accept the Work of
Lennar Homes, for Tract 8118, Marina Shores. Accepted.
(*18-609) Recommendation to Authorize the Interim City Manager to Execute a One-
Year Contract Amendment, with the Option of Three One-Year Extensions, for an
Amount not to Exceed $150,000 Each, for a Total Five Year Expenditure not to Exceed
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,5,"$750,000 Each, to the Following: BKF, HEI, and Schaaf & Wheeler for On-Call Civil
Engineering Consulting Services. Accepted.
(*18-610) Recommendation to Authorize the Interim City Manager to Execute a One-
Year Contract Amendment, with the Option of Three One-Year Extensions, for an
Amount not to Exceed $150,000 Each, for a Total Five Year Expenditure not to Exceed
$750,000 Each, to the Following: Baseline Designs, Inc., Habitat Engineering &
Forensics, Inc., JMEC Engineering, and Oakley & Oakley for On-Call Structural
Engineering Consulting Services. Accepted.
(*18-611) Recommendation to Authorize the Interim City Manager to Execute a
Contract in the Amount Not to Exceed $5,299,614, Including Contingency, to McGuire
and Hester for the Cross Alameda Trail -Ralph Appezzato Memorial Parkway
Improvements, No. P.W.03-18-11. Accepted; and
(*18-611A) Resolution No. 15452, ""Amending the Fiscal Year 2018-19 Capital Projects
Fund Budget for the Cross Alameda Trail (Main to Constitution) Project by $1,794,060
from Various Funding Sources."" Adopted.
(*18-612) Recommendation to Authorize the Interim City Manager to Execute a Three-
Year Agreement in an Amount Not to Exceed $500,000 with Centro Legal de la Raza
for Tenant Legal Services. Accepted; and
(*18-612A) Resolution No. 15453, ""Amending the Fiscal Year 2018-19 General Fund
Budget of the City Attorney's Office to Appropriate the Remaining $400,000 for Tenant
Legal Services. Adopted.
(18-613) Adoption of Resolution Amending Previous Authorization of a Portion of the
City Base Allocation and Required Match Amount for Site A/Eden Affordable Senior
Project and Affordable Family Project for Application to County Rental Housing
Development Fund. Not heard.
(18-614) Resolution No. 15454, ""Declaring November 11 through 17 United Against
Hate Week in the City of Alameda, in Conjunction with the Alameda Unified School
Board and other Bay Area Cities."" Adopted.
Expressed gratitude to staff for the consideration of the item; stated the proposed
material would benefit from alternate language being considered: Rasheed Shabazz,
Alameda.
Mayor Spencer requested the first line be struck; stated the proposed language comes
from other cities; the intent is to focus on being a nation of immigrants.
Councilmember Matarrese stated the first line is worth striking.
Mayor Spencer outlined the new text.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,6,"Councilmember Oddie expressed support for the new text; requested Mr. Shabazz's
presentation be included as correspondence.
Vice Mayor Vella moved adoption of the resolution [with striking the first line]; stated the
City is working on the goals and trying to achieve better acceptance of diversity and
everyone in the community.
Councilmember Matarrese seconded the motion, which carried by unanimous voice
vote - 5.
(18-615) Ordinance No. 3227, ""Amending the Alameda Municipal Code by Amending
Section 30-10 (Cannabis) to (1) Add Cannabis Retail Businesses as Conditionally
Permitted Uses in the C-1, Neighborhood Business, and C-M, Commercial-
Manufacturing Zoning Districts, (2) Amend Certain Portions of the Zoning Code to
Enable Cannabis Retail Businesses to Dispense Non-Medicinal or ""Adult Use""
Cannabis, and (3) Amend Certain Portions of the Zoning Code to Remove the
Dispersion Requirement."" Finally passed.
Mayor Spencer inquired if a complaint was filed related to the item.
The Acting City Attorney responded a complaint has been filed contending the Council's
deviation from the specifics of the agenda title violates the Sunshine Ordinance; stated
the City Attorney's office has already opined that the agenda was clear and specific
enough to embrace the action Council took; the Council may continue with final
passage.
Expressed concern over the ordinance being amended and proximity to children: Don
Sherratt, Alameda.
Read a letter he submitted: Mark Hersman, Portman Enterprises.
Under discussion, Councilmember Oddie inquired if the buffer zone near public or
private schools was kept at the 1,000 foot distance.
The Assistant City Attorney responded in the affirmative, stated there is a two-tier
system.
The Base Reuse and Economic Development Director stated the 1,000 foot buffer
applies to both private and public schools.
Mayor Spencer inquired the distance for day care centers.
The Base Reuse and Economic Development Director responded the buffer zone is 600
feet; stated all other sensitive uses are included in the 600 foot buffer zone.
Mayor Spencer inquired if the 600 foot buffer zone is consistent with State law.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,7,"The Base Reuse and Economic Development Director responded the ordinance
establishes a two tier buffer zone; stated staff believes there is some ambiguity with
sensitive uses; a robust discussion related to defining the uses would come back to
Council November 27th; Council can proceed with the item presented.
In response to Mayor Spencer's inquiry if the City Attorney's office believes the Council
can proceed with the item, the Acting City Attorney responded in the affirmative.
Councilmember Oddie moved final passage of the ordinance.
Vice Mayor Vella seconded the motion, which carried by the following voice vote: Ayes:
Councilmembers Oddie, Vella and Mayor Spencer - 3. Noes: Councilmembers Ezzy
Ashcraft and Matarrese - 2.
(18-616) Ordinance No. 3228, ""Amending the Alameda Municipal Code by Amending
Article XVI (Cannabis Businesses) of Chapter VI (Businesses, Occupations and
Industry) to (1) Eliminate the Cap on Testing Laboratories, (2) Allow for Two Additional
Cannabis Businesses to Operate as ""Dispensary/Delivery' (Delivery Required) Within
the Zoning Districts for Cannabis Retail, (3) Amend the Dispersion Requirement to
Require No More Than Two Cannabis Retail Businesses to Operate on Either Side of
Grand Street, (4) Create a Two-Tier Buffer Zone from Sensitive Uses for Cannabis
Businesses, (5) Amend Certain Portions of the Regulatory Ordinance to Enable
Cannabis Retail Businesses to Dispense Non-medicinal or ""Adult Use"" Cannabis, (6)
Modify Requirements for Off-Island Delivery, and (7) Make Other Clarifying or
Conforming Amendments Thereto.' Finally passed.
Mayor Spencer inquired if the City Attorney's office finds it appropriate to proceed with
the item, to which the Acting City Attorney responded in the affirmative.
Stated public health issues related to tobacco should be applied to cannabis, expressed
concern over delivery-only options versus full service recreational dispensaries; stated
the two delivery-only options presented at a previous Council meeting changed without
her prior knowledge: Serena Chen, Alameda.
Expressed concern over the language not being clear and staff members' potential
economic conflicts; stated that he opposes the ordinance: Don Sherratt, Alameda.
Stated the Council's intent to have four dispensaries was clear from the July meeting;
urged Council to pass the ordinance: Rich Moskowitz, Alameda.
Stated dispensaries are the safest way to keep cannabis out of the hands of children;
discussed cannabis benefits and youth centers: Ryan Agabao, Alameda.
Expressed support for having dispensaries: Phillip Redd, Alameda.
Expressed concern over having too many restrictions: Andrew Huntoon, Alameda.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,8,"Stated that she opposes having dispensaries instead of deliveries: Rosalyn Moya,
Alameda.
Under discussion, Councilmember Ezzy Ashcraft stated that she would vote to oppose
the ordinance because more time is needed to regulate enforcement; expressed
concern that a significant change was made to the ordinance by adding adult use
dispensaries not noted.
Vice Mayor Vella stated that she has read the correspondence; the Council's intent is to
address the questions raised related to defining a youth center; the Council is working
toward best practices and has limited where cannabis businesses can locate; she does
not want to limit the distances such that there is no place for cannabis businesses to
locate; the changes are intended to help accommodate businesses having difficulty
locating in Alameda; delivery only businesses have to adhere to the same standards as
dispensaries; security provisions are taken very seriously; the State has made cannabis
one of the most regulated substances available; the robust conversation defining a
youth center is needed; Council should follow staff's recommendation, which she plans
to support.
Councilmember Oddie stated the conversation defining youth centers is needed due to
correspondence received that questions how staff would interpret sensitive use and
youth centers; inquired if staff members have to complete Form 700's allowing people
who have special interest in the cannabis business to disclose it on public documents.
The Acting City Attorney responded if a staff member has an ownership interest, or a
significant investment in a local cannabis business, it would have to be publicly
disclosed on the Form 700; stated a member of a body would have to recuse
themselves.
Councilmember Oddie inquired if the Forms are available only for high-level staff that
would be making these types of decisions, to which the Acting City Attorney responded
he does not know if they are available on the City's website; stated the public can look
at all reportable filings.
Mayor Spencer stated the Council has been extremely responsible in trying to come up
with a policy that is as safe as possible; speakers have expressed concern that
cannabis is not available in Alameda; two years is not moving fast; many cities develop
policy in less than two years; the intent is to have lab tested items available for
consumption in a safe environment; expressed concern over prescribed opiate drugs;
stated the fastest growing demographic for cannabis use is senior citizens; expressed
support.
Vice Mayor Vella stated San Francisco's Good Neighbor Policy refers to not smoking
outside businesses, posting signs that say no smoking and no loitering, ensuring
vehicles are not double parked, and other things related to the business being safe and
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,9,"operational; if Council gives staff direction for the November 27th meeting discussion,
items that ensure businesses are following best practices should be included.
Mayor Spencer stated some dispensaries look like art galleries; there is a way to have
dispensary businesses in the community that do not stand out.
Councilmember Oddie moved final passage of the ordinance, with direction to staff to
come back with a discussion on how youth centers will be interpreted.
Vice Mayor Vella seconded the motion, which carried by the following voice vote: Ayes:
Councilmembers Oddie, Vella and Mayor Spencer - 3. Noes: Councilmembers Ezzy
Ashcraft and Matarrese - 2.
***
Mayor Spencer called a recess at 8:31 p.m. and reconvened the meeting at 8:47 p.m.
***
REGULAR AGENDA ITEMS
(18-617) Introduction of Ordinance Approving a Lease Amendment with a Maximum
Three-Year Extension of the Lease with CSI Mini-Storage, LLC, a California Limited
Liability Company, for Buildings 338, 608, and 608A-C Located at 50 and 51 West
Hornet Avenue at Alameda Point. Introduced.
The Base Reuse and Economic Development Assistant Director gave a brief
presentation.
Councilmember Ezzy Ashcraft moved introduction of the ordinance.
Councilmember Matarrese seconded the motion, which carried by unanimous voice
vote - 5.
(18-618) Introduction of Ordinance Amending the Alameda Municipal Code by Adding
Article XVII (Tobacco Retailers) to Chapter VI (Businesses, Occupations and Industries)
to Require Licensing of Tobacco Retailers in the City and to Prohibit the Sale of
Flavored Tobacco Products. Introduced.
Mayor Spencer inquired whether Council would be interested in reducing speaker time.
Vice Mayor Vella moved approval of reducing the time to one minute.
Councilmember Matarrese seconded the motion.
Under discussion, Mayor Spencer inquired how many speakers are in favor versus not
in favor, to which the City Clerk responded more speakers are in favor.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,10,"Mayor Spencer expressed concern over having less people on one side.
Vice Mayor Vella stated that she received a lot of correspondence related to the item
prior to the meeting; inquired if other members of the Council received correspondence
as well, to which Councilmember Ezzy Ashcraft responded that she met with retailers
and received correspondence.
In response to Mayor Spencer's inquiry of how much time the public comment would be
reduced to, Vice Mayor Vella stated one minute.
Mayor Spencer made a substitute motion to approve giving speakers 90 seconds, which
failed for a lack of second.
On the call for the question on the original motion, the motion carried by the following
voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4.
Noes: Mayor Spencer - 1.
The Assistant City Attorney gave a Power Point presentation.
Councilmember Ezzy Ashcraft inquired what the rationale is of allowing a new tobacco
retailer to keep operating within 300 feet of a sensitive use if the business is bought
within three years of the ordinance passage.
The Assistant City Attorney responded staff held two meetings with tobacco retail
organizations; stated the draft ordinance presented to the groups would have not
permitted tobacco sales if the business was sold, which would provide an extreme
economic hardship; the re-drafted ordinance placed a three year window allowing for
sale of the business to address the economic hardship.
Councilmember Ezzy Ashcraft inquired why the State will not disclose how many State
licensed tobacco retailers operate in Alameda.
The Assistant City Attorney responded his understanding is the State considers the
information confidential; stated based off information gathered, there are roughly fifty
such businesses in the community.
Councilmember Ezzy Ashcraft inquired what percentage of the tobacco retailers are
stores that only sell tobacco products.
The Assistant City Attorney responded that he does not know.
Vice Mayor Vella inquired if a business within the buffer zone sells within a year of the
passed ordinance then sells again would the second new owner keep the license, to
which the Assistant City Attorney responded in the affirmative; stated the window for
any sale of the business is three years; after the three year window, any businesses
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,11,"sold within the buffer zone would be precluded from selling tobacco products; continued
the presentation.
Councilmember Ezzy Ashcraft inquired if only San Francisco has an outright ban on all
flavored tobacco; and why some jurisdictions decided to only allow menthol.
The Assistant City Attorney responded he is not sure the rationale and assumes it
relates to menthol being a significant portion of tobacco sales.
Councilmember Ezzy Ashcraft inquired if menthol is thought to be a greater selling
flavor of tobacco product, to which the Assistant City Attorney responded in the
affirmative; stated the tobacco retailers' response is consistent with said thought;
continued the presentation.
In response to Councilmember Ezzy Ashcraft's inquiry regarding who determines
whether the retailers' license is suspended or if a fine is imposed, the Assistant City
Attorney stated the Department Head would make a determination about which penalty
to impose.
Councilmember Ezzy Ashcraft inquired if the Department Head would be the City
Manager, to which the Assistant City Attorney responded the ordinance is currently
drafted listing the Community Development Director.
In response to Councilmember Ezzy Ashcraft's inquiry regarding suspensions, fines or
revocation the Assistant City Attorney stated if a retailer's tobacco license is suspended,
the other profitable, collateral product purchases cease; the intent is to fine the business
to allow operation to continue.
Councilmember Ezzy Ashcraft stated the violations might be better adhered to if the
penalty is suspension, rather than a fine.
Vice Mayor Vella requested clarification that collateral sales means the purchase of
groceries in addition to tobacco products, to which the Assistant City Attorney
responded in the affirmative; continued the presentation.
Councilmember Matarrese inquired if additional staff would be hired related to the grant
award or if existing staff would be adding to their workload.
The Assistant City Attorney responded hiring additional staff to enforce the program is
not anticipated at this time; stated time spent by Police and Code Enforcement will be
tracked to ensure the cost can be calculated.
Councilmember Ezzy Ashcraft inquired where the revenue from the fines will go, to
which the Assistant City Attorney responded the General Fund; continued the
presentation.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,12,"Councilmember Oddie inquired if the presentation addresses issues and concerns
related to public health.
The Assistant City Attorney responded the issue of public health is discussed in the staff
report and the ordinance.
Councilmember Oddie inquired if the tobacco retailers raised any concerns about
putting a product into the market that essentially kills people; and if there is any
difference between menthol and regular tobacco products.
The Assistant City Attorney responded menthol is shown to be more harmful than non-
menthol products; stated ads for menthol products are primarily targeted at youth and
minority groups.
Councilmember Oddie stated retailers are requesting an exemption for a more harmful
product that is targeted at youth and minority groups.
The Assistant City Attorney continued the presentation.
Vice Mayor Vella stated the staff report includes an option to keep menthol tobacco
products behind the counter at tobacco retail locations; inquired if tobacco could
products be kept behind the counter at all retail stores.
The Assistant City Attorney responded in the affirmative.
Vice Mayor Vella stated some of the exemptions raised at meetings are already
required of tobacco retailers; inquired if current practices were considered, to which the
Assistant City Attorney responded in the affirmative; stated the public health concerns
are addressed in the ordinance; completed the presentation.
Provided smoking statistics and reviewed advertising tactics: Irene Nikkah, American
Cancer Society - Cancer Action Network.
Suggested the buffer zone be to the front door of business; expressed concern over
broken leases and adults not having access to flavored tobacco products to quit
smoking: Marilyn Pepper.
Stated the National Association of Tobacco Outlets (NATO) opposes the ordinance as
proposed: Jaime Rojas, NATO.
Stated that he supports the ordinance: Don Sherratt, Alameda
Stated most kids start with flavored or menthol cigarettes; San Francisco, Beverly Hills,
Richmond, San Pablo, and Marin County have bans: Phillip Gardiner, African American
Tobacco Control Leadership Council (AATCLC).
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,13,"Urged the Council to consider the ban: Alexis Kuchi, Alameda Girl Scout Troup 31901.
Stated kids are curious and want to try flavors; the ban will help children grow up
tobacco free: Malia Zachariah, Alameda.
Stated the products are running rampant through schools and are creating a new
generation of smokers; submitted 735 signed statement cards: Seamus McGuinness,
Encinal High School.
Stated the ordinance will make Alameda a healthier place for all residents: Arabis
O'Brien, Lincoln Middle School.
Expressed support for the ordinance; stated tobacco companies are targeting youth:
Denise Zachariah, Alameda.
Stated that she supports the ordinance; discussed the quantity of students smoking:
Marina Rodrigues, Encinal High School.
Stated tobacco is bad for all living things: Zachary and Nora Lazarus, Alameda.
Urged Council to end the sale of flavored tobacco that appeals to youth: Michael Chen,
Encinal High School.
Urged Council to end the sale of flavored tobacco products that hooks kids before they
can legally purchase it: Max Palmer, Encinal High School
Stated packaging and names are similar to candy and appeals to kids: Amanda
McGowan, Lincoln Middle School.
Stated candy flavored tobacco products should not be sold in Alameda; the ordinance
will help keep kids from trying tobacco: Turner Brotze, Lincoln Middle School.
Stated students are addicted to nicotine products; action needs to be taken: Nick
Lindell-Wright, Encinal High School.
Stated students thought images of favored tobacco products were candy or snacks for
kids: Kimberly McGowan, Lincoln Middle School.
Expressed support for the ban; stated the products are a gateway: Sven S., Encinal
High School.
Stated flavored tobacco products are designed to appeal and attract a younger
demographic: Jackson Ade, Encinal High School.
Expressed concern over youth getting quickly addicted to the products and support for
the ban: Annina Jordan, Encinal High School.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,14,"Expressed concern over children having easy access to vaping: Matt Brotze, Lincoln
Middle School.
Stated friends and classmates use the products, which they can purchase at local drug
stores: Anisya Lustig-Ellison, Encinal High School.
Stated that she has seen students use products in classroom because they are easy to
conceal: Darla Kahl, Encinal High School.
Urged the Council to ban the sale of flavored tobacco projects, which are accessible
and affordable: Kevin Gorham, Alameda.
Read a portion of a poem; stated the matter is a public health issue: Rasheed Shabazz,
Alameda.
Urged Council to approve the ban to promote youth health; stated products can be
easily concealed and used in class: Maaz Khan.
Urged Council to approve the ban to save the lives of children: Sydney Williams,
Encinal High School.
Urged Council to approve the ban; discussed how smoking affected the health of his
father and grandmother: Nick Brodnicki, Alameda.
Stated flavored tobacco products should be removed from the community: Jill
DiGaicomo, Alameda.
Stated children purchase tobacco products online or from family members: Antonio
Neumann, Alameda Valero.
Discussed research regarding flavored tobacco products being marketed as quitting
devices; stated having the products in stores gives youth access: Craig Wingate,
Alameda.
Requested menthol products be separated from flavored tobacco products; discussed
collateral sales: Linda Asbury, West Alameda Business Association.
Expressed concern over menthol being a social justice issue; stated tobacco is targeting
youth: Rachael Gratz-Lazarus, Alameda.
Suggested increasing the cost of packs of cigarillos: Brian Davis, Alameda County
Tobacco Control Coalition (ACTCC).
Stated youth smoking rates go down when prices go up: Stefan Wooding, ACTCC.
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,15,"Stated four out of five kids started with flavored tobacco; discussed health risks; urged
menthol be included in the ban: Amanda Gutzwiller, Alameda Lung Association.
Expressed concern over the products looking like candy and youth using the products:
Shea Overstreet, Alameda.
Stated banning menthol is illegal; discussed fines and online sales: Paul Sekhon,
Alameda.
Suggested having restrictions similar to Hayward, discussed statistics of approvals in
other cities and penalties being too harsh: Bob Sekhon, Alameda.
Submitted information; stated letters of support and a resolution are included in the
material: Rosalyn Moya, ACTCC.
Provided statistics on youth using tobacco products; stated youth favor flavored tobacco
products: Karen Butter, Alameda.
Stated the matter is a social justice, adult and youth issue; encouraged approval of the
ban: Kwesi Wilkerson, AATCLC.
Stated menthol should be an exception; he opposes the three year window and
penalties: Matt Hussain, Alameda.
Expressed support for the ordinance; stated one in four students are using some form of
e-cigarette: Page Tomblin, Alameda Parent Teacher Association Council.
Stated menthol is not the problem and should be exempted; the start date should be
July 2020: Teresa.
Stated the ban would be detrimental to store owners; urged menthol not be banned:
Brian Lee, UC Liquor.
Discussed JUUL products; stated students are asking for help to stop smoking: Serena
Chen, Alameda.
Stated Alameda retailers have a 98% compliance rate; youth purchase flavored tobacco
products online: Raed Abdallah, Alameda.
Stated the problem is the internet; stated the retail compliance rate is commendable:
Frank George, Alameda.
Councilmember Ezzy Ashcraft stated that she has reservations about the three year
300 foot ban and does not understand the rationale of having businesses near sensitive
uses; she thinks menthol should be included in the ban based on comments and does
Regular Meeting
Alameda City Council
13
November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,16,"not agree with pharmacies selling tobacco products; she wants to be sensitive to the
needs of local businesses.
Vice Mayor Vella stated the issue is not only targeted to youth, it also involves people of
color and women; increasing the price for little cigars should be considered; expressed
concern over the three year portion of the item; stated the intent is to lower the amount
of tobacco retail business over time; expressed disappointment in San Leandro for not
banning menthol; stated banning online sales of tobacco products should be considered
at the State level.
In response to Councilmember Oddie's inquiry about Councilmember Ezzy Ashcraft's
suggested alternative to the three year-300 foot regulation, Councilmember Ezzy
Ashcraft stated the license should not run with the land if the business is sold.
Councilmember Oddie discussed San Francisco's menthol ban; stated that he stands
with social justice activists who value stopping tools of death from being perpetuated in
communities of color and Lesbian, Gay Bisexual and Transgender (LGBT) communities.
Councilmember Matarrese moved introduction of the ordinance with amendments to
remove the three year window to sell a business and have the license carry with it, to
include cigarillos into the pricing that is comparable to cigars, and to remove the option
to have an in lieu fine versus suspension on the second and third offense to ensure
people are not cost of businessing violations out.
Councilmember Oddie seconded the motion.
Under discussion, Mayor Spencer stated that she is disturbed by the notion that
students are not aware of the harm cigarettes cause; students smoking in bathrooms
and classrooms is unacceptable; schools should ensure students are not smoking in
bathrooms or classrooms; Council banning the sale of flavored tobacco products does
not stop products from being accessible online; encouraged all to take responsibility for
smoking; stated the State regulations to increase fees and the purchase age to 21 is
helpful; she agrees with banning flavored tobacco products but not menthol; it is
important to teach youth to not smoke; she would not support the item.
On the call for the question, the motion carried by the following voice vote:
Councilmembers Ayes - 4, Mayor Spencer Noes - 1.
CITY MANAGER COMMUNICATIONS
None.
ORAL COMMUNICATIONS, NON-AGENDA
None.
Regular Meeting
Alameda City Council
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November 7, 2018",CityCouncil/2018-11-07.pdf
CityCouncil,2018-11-07,17,"COUNCIL REFERRALS
None.
COUNCIL COMMUNICATIONS
(18-619) Consideration of Mayor's Nomination for Appointment to the Library Board and
Rent Review Advisory Committee (RRAC).
Mayor Spencer nominated Joyce McConeghey to the Library Board and Simon Chiu
and Carolyn Johnson to the RRAC.
(18-620) Councilmember Ezzy Ashcraft stated on October 22nd she attended the
California Public Employees' Retirement System (CalPERS) forum for elected officials
that addressed pension cost liabilities strategies; suggested City staff attend CalPERS
board meetings.
(18-621) Vice Mayor Vella stated that she was appointed by the League of Cities Asian
Pacific Islander Caucus to serve on the Housing and Economic Development
Committee.
ADJOURNMENT
(18-622) There being no further business, Mayor Spencer adjourned the meeting in
memory of Jerry Robbins, Charles ""Charlie"" Wolfe and Mary Blackshere at 10:35 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Regular Meeting
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November 7, 2018",CityCouncil/2018-11-07.pdf
RentReviewAdvisoryCommittee,2018-11-07,1,"Approved Minutes
November 7, 2018
Minutes of a Regular Meeting of the
Rent Review Advisory Committee
Wednesday, November 7, 2018
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:45 p.m.
Present were:
Vice Chair Murray; Members Griffiths and Sullivan-Cheah
Absent:
None
Program staff:
Grant Eshoo, Gregory Kats
City Attorney staff: None
2. AGENDA CHANGES
Motion and second to move Agenda Item 7-H to the beginning of New Business
(Vice Chair Murray and Member Griffiths). Motion passed 3-0.
3. STAFF ANNOUNCEMENTS
Program staff requested Committee members provide their availability for future
special meetings to hear additional cases. Members indicated their availability for
special meetings on November 19, November 27, December 12, and December
17, 2018.
4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1
Alameda resident Regis Paul Marcelin expressed thanks to program staff for their
assistance and services. He mentioned that he had previously made a public
comment regarding his positive relationship with his previous landlord and is
looking to developing a positive relationship with his new landlord.
5. CONSENT CALENDAR
5-A. Approval of the Minutes of the August 20, 2018 Special Meeting.
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
5-B. Approval of the Minutes of the August 29, 2018 Special Meeting.
Vice Chair Murray requested staff add additional comments she made during the
meeting to Agenda Item 6 of the minutes. Motion and second to approve of the
minutes after amendment is made (Members Sullivan-Cheah and Griffiths). Motion
passed 3-0.
5-C. Approval of the Minutes of the August 30, 2018 Special Meeting.
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
5-D. Approval of the Minutes of the September 5, 2018 Regular Meeting.
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RentReviewAdvisoryCommittee,2018-11-07,2,"Approved Minutes
November 7, 2018
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
5-E. Approval of the Minutes of the September 17, 2018 Special Meeting.
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
5-F. Approval of the Minutes of the September 19, 2018 Special Meeting.
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
5-G. Approval of the Minutes of the October 1, 2018 Regular Meeting.
Motion and second to approve of the minutes (Members Sullivan-Cheah and
Griffiths). Motion passed 3-0.
6. UNFINSHED BUSINESS
None.
7. NEW BUSINESS
7-H. Review and approve amendments to the Rent Review Committee's
Rules and Procedures addressing various issues including, RRAC
hearing time limits, participant's attendance or failure to appear under
section 6-58.90, annual elections, and other appropriate amendments
Motion and second to adopt amended Rules and Procedures (Members Griffiths and
Sullivan-Cheah). Motion passed 3-0.
Program staff called roll of the participants present. The tenants in Agenda Items 7-C and
7-F were not present. The Committee approved moving these agenda items to the end
of New Business.
7-A. CASE 1145 - 755 Lincoln Ave., Apt. E
Tenant: Victor Rodriguez, assisted by staff-provided translator
Landlords: Heidi Hausauer, Cassie Hausauer, owners, and Albert Pena, manager
Proposed rent increase: $100.00 (8.3%), effective November 1, 2018
The landlords stated that they were requesting an increase to keep up with the property's
expenses and improvements, including new fences, yard work, and earthquake
preparedness improvements. They said that they paid for gas, water, electric, and
gardening, and had put new carpets and fridges in some units.
Mr. Rodriguez said he has lived there 18 years and his carpeting was only changed once.
He added that his kitchen needed repainting and his unit needed a new front door
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RentReviewAdvisoryCommittee,2018-11-07,3,"Approved Minutes
November 7, 2018
because the current one is drafty. He said the gardener came infrequently and the
grounds were always dirty. He said that the landlords gave him paint to repaint his unit
himself. He added that the windows do not open or close, and the tenants are not allowed
to use the outside hose.
Mr. Pena responded that the owner pays the water and did not want the tenants using
the hose irresponsibly. He added that Mr. Rodriguez has unauthorized persons living in
his unit.
Member Griffiths asked staff to clarify the prior increases. Staff informed the Committee
that the base rent was currently $1,200 because a prior increase from $1,200 to $1300
was found to be invalid and the landlords were required to reimburse the tenants amounts
collected under that increase, which they did. Staff clarified that the landlords were
currently requesting a $100 increase from $1,200 to $1,300.
Committee members asked clarifying questions as to what the landlords were willing to
do to address the tenant's stated needs.
The parties came to an agreement for a $100 increase effective December 1, 2018 and
the landlords made a commitment to address a number of the concerns the tenant raised.
7-B. CASE 1147 - 755 Lincoln Ave., Apt. B
Tenant: Florencio Reyna & Catherine Reyna, assisted by staff-provided translator
Landlords: Heidi Hausauer, Cassie Hausauer, owners, and Albert Pena, manager
Proposed rent increase: $100.00 (8.3%), effective November 1, 2018
Mr. Pena said the tenants were wonderful tenants, and he and his daughter Catherine
were the sole occupants.
The tenants expressed concern that they are not able to use the hose, should they need
it in an emergency, such as a fire. They said some of the windows on the property are
broken, their front door is drafty, and they have a hole in their bathroom wall. They said
that they have always had to paint their own unit and their carpet had never been
replaced in their 14 years of tenancy. They said they've informed the landlord about the
needed repairs, but the landlord had not addressed them.
The parties came to an agreement for a $100 increase effective December 1, 2018, and
the landlords made a commitment to address a number of the concerns the tenants
raised.
7-D. CASE 1143 - 755 Lincoln Ave., Apt. F
Tenant: Kimberly Perez
Landlords: Heidi Hausauer, Cassie Hausauer, owners, and Albert Pena, manager
Proposed rent increase: $100.00 (8.3%), effective November 1, 2018
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November 7, 2018
Mr. Pena said the tenant has lived in the unit for seven years. He said that he wanted to
clean the tenant's carpets but the tenant's dog would relieve itself on the carpet making
that difficult, so the tenant replaced the carpet with flooring, and the owner offered to
pay for the flooring materials, but not the labor. Mr. Pena said he would like Ms. Perez to
keep the apartment cleaner. He added that her oven is out of order, and he's planning
to get it fixed.
Ms. Perez stated that her front door is drafty, her bathtub faucet leaks water and won't
shut off completely. She said she is currently recovering from an operation and it takes
her longer to clean right now, but she does clean. She said only two burners on her stove
are working and mentioned a dispute over a parking space. She said she was amenable
to the $100 increase from $1,200 to $1,300 as long as her repair concerns are addressed.
The parties came to an agreement for a $100 increase effective December 1, 2018 and
the landlords made a commitment to address a number of the concerns the tenant raised.
7-E. CASE 1144 - 755 Lincoln Ave., Apt. G
Tenant: Samuel Johnson
Landlords: Heidi Hausauer, Cassie Hausauer, owners, and Albert Pena, manager
Proposed rent increase: $100.00 (8.3%), effective November 1, 2018
Mr. Pena said Mr. Johnson moved in about nine years ago, and lives by himself, although
his family moved in at one point but are not currently there. He said Mr. Johnson
requested laminated wood floors instead of carpet, which the owners have agreed to
provide. He said there's an ongoing issue with parking with all of the residents.
Mr. Johnson said he didn't mind an increase to $1,300 if the landlords would address
some of his concerns. He said there are stray dogs that defecate on the property, and his
neighbors cause vandalism and nuisance problems. He said he has had to call the police
on his neighbors and fears he may have to use physical force to defend himself from
them. He said he would like more security at the property and would like the tenants
below him to not make so much noise. He added that he would like to be able to use the
outside hose again, and he has had things stolen from his car, which is parked in the
carport. He said that this evening was the first time he had heard that the landlords were
willing to replace his carpet with flooring, and he was even willing to pay part of the cost
to install it. He said that his neighbor's friend's car is parked on the property but the
manager won't get it towed. He said he would like more lighting on the property because
it's very dark.
The parties came to an agreement for a $100 increase effective December 1, 2018 and
the landlords made a commitment to address a number of the concerns the tenant raised.
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November 7, 2018
Motion and second to hear one additional case after 9:00 p.m. (Members Griffiths and
Sullivan-Cheah). Motion passed 3-0.
7-G. CASE 1152 - 467 Santa Clara Ave.
Tenants: Michele Santorio and Heidi Ohrtman
Landlords: Greta Jenkins and Gary Jenkins
Proposed rent increase: $1,400.00 (93.3%), effective November 23, 2018
Ms. Jenkins said the property is owned by a trust that is set up to provide income to Mr.
Jenkins' mother, Sarah Moll, and as a trustee of the trust, she has a fiduciary duty to
obtain as much money from the trust assets as possible. She said the current income is
insufficient to provide Ms. Moll the income she needs, which is why they are asking for a
rent increase.
Mr. Santoro said that the tenants have had to take care of everything on the property.
He said that the house leaks water and the heater is ineffective because the house is so
drafty. He and Ms. Ohrtman said they believe the current rent of $1,500 is a fair market
rate considering the poor condition of the property. They said they would not be able to
afford to stay in the home if the rent were raised to the $2,900 as the landlords are
requesting. Mr. Santorio said he has run a deli in the community for nine years and if the
rent were greatly increased, he would have to move out of Alameda and close his
business.
Mr. Jenkins said that the work the tenants put into the property was part of the agreement
they had when they moved in, in exchange for rent credits. He said that he has informed
the tenants at various times that he would have to raise the rent to market rate at some
point as it was his mother's only source of income.
Chair Murray asked what the tenants thought was a reasonable amount of an increase
and the tenants said they thought that a 5% increase was reasonable because of the
condition of the house.
Motion and second to extend the time of the agenda item an extra 15 minutes (Member
Griffiths and Vice Chair Murray). Motion passed 3-0.
Member Sullivan-Cheah clarified that the subject unit, a single family residence, was
exempt from a binding decision under state law. He discussed how this impacted the
Committee's decision-making authority - that the Committee can only make a nonbinding
decision regarding the increase amount. He also explained the appeals process that was
available to either party if they were not satisfied with the Committee's decision.
Vice Chair Murray impressed upon the parties the value of coming to a mutual agreement.
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November 7, 2018
The landlords said they could lower their requested rent from $2,900 to $2,700. Mr.
Santorio said he was willing to pay a 10% increase but they would not be able to afford
$2,700, saying they could pay $1,800 at most. The landlords stated that that was
insufficient.
Motion and second to extend the time of the agenda item an additional 10 minutes
(Member Griffiths and Vice Chair Murray). Motion passed 3-0.
Member Griffiths asked the landlords if they would consider a smaller increase this year,
and stretch out the requested increase over multiple years, or alternately, give the
tenants a stepped increase with a lower amount for the first part of the year, followed by
a larger amount later in the year.
Mr. Santorio said that he was not amenable to large incremental increases and would
fight any increase.
Member Sullivan-Cheah stated that the home is exempt from a binding decision and the
owners have made clear they're going to raise the rent beyond what the tenants can
afford. Therefore, the Committee was trying to buy Mr. Santorio and his family time to
make arrangements for other housing options.
Motion and second to extend the time of the agenda item an additional 10 minutes (Vice
Chair Murray and Member Sullivan-Cheah). Motion passed 3-0.
Motion and second for an increase to $1,800 for the first nine months of the next year,
followed by an increase to $2,700 for the remaining three months of the year, effective
11/23/18 (Member Griffiths and Vice Chair Murray). Motion passed 3-0.
7-C. CASE 1148 - 755 Lincoln Ave., Apt. A
No Committee review. The tenant was not present at the hearing. The rent increase will
go into effect as noticed.
7-F. CASE 1146 - 755 Lincoln Ave., Apt. C
No Committee review. The tenant was not present at the hearing. The rent increase will
go into effect as noticed.
8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2.
None.
9. MATTERS INITIATED
None.
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November 7, 2018
10. ADJOURNMENT
a. The meeting adjourned at 10:05 p.m.
Respectfully Submitted,
RRAC Secretary
Grant Eshoo
Approved by the Rent Review Advisory Committee on February 4, 2019
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