body,date,page,text,path
CityCouncil,2019-04-16,1,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- -APRIL 16, 2019- 5:30 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:30 p.m.
Roll Call - Present:
Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft - 5.
Note: Councilmember Vella recused herself from the Liability Claim and
left the meeting at 6:50 p.m.
Absent:
None.
The meeting was adjourned to Closed Session to consider:
(19-210) Conference with Legal Counsel - Existing Litigation (Pursuant to Government
Code § 54956.9); Case Name: Zachary Ginsburg V. City of Alameda; Court: Superior
Court of the State of California, County of Alameda; Case No: RG15791428
(19-211) Conference with Labor Negotiators (Government Code Section 54957.6); City
Negotiators: Nancy Bronstein, Human Resources Director; Employee Organizations:
International Brotherhood of Electrical Workers, Local 1245 (IBEW), and Executive
Management Employees (EXME); Under Negotiation: Salaries and Terms of
Employment
(19-212) Conference with Legal Counsel - Liability Claim; (Pursuant to Government
Code § 54956.95); Claimant: Jeffrey Cambra; Agency claimed against: City of Alameda
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Existing Litigation, the Council unanimously voted to
authorize settlement of a claim for plaintiff attorney fees in the amount of $125,000 with
the City paying $25,000 and $100,000 to be paid from the Alameda Municipal Power
Enterprise Fund; regarding Labor, direction was given to staff by the following vote:
Ayes: Councilmembers Daysog, Knox White, Oddie, and Vella - 4; Noes: Mayor Ezzy
Ashcraft - 1; regarding the Liability Claim Liability, Council authorize settlement of the
claim with no financial consideration involved by the unanimous voice vote - 4, with
Councilmember Vella absent.
Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:55
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
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,2,"MINUTES OF THE SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND SUCCESSOR AGENCY
TO THE COMMUNITY IMPROVEMENT COMMISSION (SACIC)
WEDNESDAY--APRIL 16, 2019- -6:59 P.M.
Mayor/Chair
Ezzy
Ashcraft
convened
the
meeting
at
7:04
p.m.
Councilmember/Commissioner Daysog led the Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers/Commissioners
Daysog,
Knox
White, Oddie, Vella and Mayor/Chair Ezzy Ashcraft -
5.
Absent:
None.
CONSENT CALENDAR
(19-10 SACIC) Minutes of the Special Successor Agency to the Community
Improvement Commission (SACIC) Meeting Held on March 19, 2019. Approved.
[Note: The vote was taken as part of the discussion of the Audited Financial Statements
[paragraph no. 19-213 CC/19-11 SACIC]
(19-213 CC/19-11 SACIC) Recommendation to Accept the Fiscal Year 2017-18
Audited Financial Statements and Compliance Reports.
Councilmember/Commissioner Daysog inquired about the Memorandum of Internal
Control addressing Purchasing Policy Compliance; inquired whether staff is
implementing changes to not allow multiple small contracts for vendors, which end up
being large contracts.
The Finance Director responded in the affirmative; stated the purchasing policy needs
to be updated; individual vendors currently cannot be tracked.
Councilmember/Commissioner Daysog inquired whether the purchase of the new
Enterprise Resource Planning software would help, to which the Finance Director
responded the new software will include contract management, which will be part of the
solution.
Mayor/Chair Ezzy Ashcraft noted the management response was included in the
document; read the management response.
Councilmember/Commissioner Daysog requested the names of the entities that
received the payments be provided to Council.
Councilmember/Commissioner Daysog moved approval.
Special Joint Meeting
Alameda City Council and Successor Agency
to the Community Improvement Commission
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,3,"Mayor/Chair Ezzy Ashcraft clarified the motion is to approve the Consent Calendar: the
minutes and the audited financial report.
Councilmember/Commissioner Vella seconded the motion, which carried by unanimous
voice vote - 5.
ADJOURNMENT
There being no further business, Mayor/Chair Ezzy Ashcraft adjourned the meeting at
7:13 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk and Secretary, SACIC
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Special Joint Meeting
Alameda City Council and Successor Agency
to the Community Improvement Commission
April 16, 2019
2",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,4,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - -APRIL 16, 2019- -7:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:13 p.m.
ROLL CALL -
Present:
Councilmembers Daysog, Knox White, Oddie, Vella,
and Mayor Ezzy Ashcraft - 5.
Absent:
None.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(19-214) Mayor Ezzy Ashcraft welcomed the new City Manager, who made brief
comments.
AGENDA CHANGES
(19-215) The City Clerk announced the Legislative Agenda [paragraph no. 19-226 and
final passage of the cannabis ordinances [paragraph no. 19-238] would not be heard
and would return at a later meeting; noted the cannabis Request for Proposals would
still be issued next week.
Mayor Ezzy Ashcraft noted that she would address the warming shelter proclamation
[paragraph no. 19-216 first.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(19-216) Proclamation Declaring April 16, 2019 as Warming Shelter Appreciation Day.
Mayor Ezzy Ashcraft read the proclamation and presented it to Stephen McHale, Christ
Episcopal Church.
Mr. McHale made brief comments.
(19-217) Proclamation Declaring April 7 through 13, 2019 as Alameda County Victims'
Rights Week.
Mayor Ezzy Ashcraft read the proclamation and presented it to Tom Walsh, District
Attorney's Office; and Dena Aindow, Victims Witness Advocate.
Ms. Aindow and Mr. Walsh made brief comments.
(19-218) Proclamation Declaring April 22, 2019 as Earth Day Alameda 2019 and April
26, 2019 as Arbor Day Alameda 2019.
Mayor Ezzy Ashcraft read the proclamation and presented it to Morgan Guenther, East
Regular Meeting
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1
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,5,"Bay Regional Parks District.
Ms. Guenther made brief comments.
ORAL COMMUNICATIONS, NON-AGENDA
(19-219) Eric Strimling, Alameda Renters Coalition (ARC), discussed rising housing
prices; gave a scenario of raising rent at the rate of inflation; stated a rent cap below the
inflation rate is needed; expressed support for the staff proposal to address evictions.
(19-220) Bunny Duncan, National Association of HUD Tenants Union, discussed a case
of a landlord trying to relocate a blind tenant to change the rug and paint after an
inspection determined the unit was okay; expressed concern over the Housing Authority
not doing anything and not providing contact information.
Mayor Ezzy Ashcraft noted the City's rent ordinance does not cover HUD properties.
(19-221) Catherine Pauling, ARC, expressed concern over the Housing Authority's
information not including contact information for the City contracted legal services,
Centro Legal; stated there is a lack of oversight from the Housing Authority.
(19-222) Denyse Trepanier, Bike Walk Alameda, made an announcement regarding
Bike to Work Day, May 9th
CONSENT CALENDAR
The Legislative Agenda [paragraph no. 19-226 and final passage of the cannabis
ordinances [paragraph no. 19-238 were not addressed; and the SCI Consulting Group
agreement [paragraph no. 19-230], Landscape and Lighting District 84-2 resolution
[paragraph no. 19-232], Webster Street BIA [paragraph no. 19-236 and Code
Enforcement ordinance [paragraph no. 19-237 were removed from the Consent
Calendar for discussion.
Vice Mayor Knox White moved approval of the remainder of the Consent Calendar.
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*19-223) Minutes of the Special Meeting Held on March 16, 2019; and the Special and
Regular City Council Meetings Held on March 19, 2019. Approved.
(*19-224) Ratified bills in the amount of $3,187,863.91.
(*19-225) Recommendation to Set June 18, 2019 for a Public Hearing to Consider
Collection of Delinquent Business License Taxes and Delinquent Integrated Waste
Regular Meeting
Alameda City Council
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April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,6,"Management Accounts Via the Property Tax Bills. Accepted.
(19-226) Recommendation to Approve the Legislative Agenda for the City of Alameda.
Not heard.
(*19-227) Recommendation to Accept the Work of Ranger Pipeline Inc. for Cyclic 14
Easement Sewer Rehabilitation Project, No. P.W. 10-17-44. Accepted.
(*19-228) Recommendation to Accept the Work of Ranger Pipeline Inc. for Cyclic Sewer
Rehabilitation Project, Phase 14, No. P.W. 05-17-27. Accepted.
(*19-229) Recommendation to Accept the Work of MCK Services, Inc. for Repair and
Resurfacing of Certain Streets, Phase 37, No. P.W. 01-18-01. Accepted.
(19-230) Recommendation to Authorize the City Manager to Execute a Second
Amendment to the Agreement with SCI Consulting Group for a Comprehensive
Stormwater Fee Study, Community Survey, and Balloting, Extending the Agreement for
Seven Months in an Amount not to Exceed $94,009 for a Total Expenditure Under the
Agreement, as Awarded, of $166,513.
The Public Works Director gave a brief presentation.
Councilmember Oddie expressed concern over the proposed election being inequitable
because it excludes anyone who is not a property owner; stated the fee assessed would
ultimately be passed onto tenants; all Alamedans should take part in the election.
The Public Works Director stated having a general election would raise the threshold
from 50% plus one to two-thirds; noted the survey would seek input from people who
are not property owners.
Vice Mayor Knox White stated there is a timeline to come back to Council; inquired
whether Council could decide how to do the balloting when the matter returns.
The Public Works Director stated the timeline to come back in July allows the proposed
balloting to be done by the end of the year; a voter election would have to be held
November 2019, March 2020 or November 2020; the Council could decide how to move
forward at the second meeting in July; other options could be included if Council
desires.
Vice Mayor Knox White inquired what constitutes a statistically valid sample, to which
the Public Works Director responded 2,000 to 3,000 responses will be statistically
significant and equivalent to polling results.
Vice Mayor Knox White noted 2,000 to 3,000 responses might not be demographically
representative; stated he expects the survey to provide information regarding responses
from renters versus homeowners.
Regular Meeting
Alameda City Council
3
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,7,"The Public Works Director stated the mailing to property owners will be statistically
valid; as much input from as many people as possible is being solicited in other
communications and he cannot guarantee the scientific validity.
Councilmember Daysog inquired whether one objective of the survey would be the
nature of the stormwater fee; discussed the hospital parcel tax; further inquired whether
the survey would address the fee being scaled for different size parcels.
The Public Works Director responded in the negative; stated the survey would attempt
to figure out the tolerance for the fee adjustments.
Councilmember Oddie noted the staff report indicates approving the contract
amendment means staff will proceed with the timeline and an election that
disenfranchises over half of the City's voters; inquired whether there is flexibility and
whether the decision in July would still require the same contract amount.
The City Manager stated that he would recommend the motion direct staff to come back
in July and provide options.
Councilmember Oddie discussed the right to vote; stated renters should have a say.
Councilmember Oddie moved approval of the staff recommendation with the suggestion
by the City Manager to have a decision point in July.
The Interim City Attorney stated due to the various election timelines, the matter may
need to return to Council before July; a number of issues need to be addressed.
The Public Works Director stated ballot language would have to be delivered to the
County by early August to have a November election.
Mayor Ezzy Ashcraft expressed concern that renters might vote against the tax for fear
of it increasing their rents; stated the City has to protect its infrastructure and prepare for
sea level rise; she would not be excited about calling a special election; expressed
support for the City Manager's suggestion.
Vice Mayor Knox White inquired whether there is public comment, to which the City
Clerk responded a speaker slip was submitted after the motion was made.
Expressed support for the study and for going forward with the property assessment
and a property owner vote; expressed concern over the consequences of the matter not
passing and a two-third vote being required at a general election, which would require
a
huge campaign effort: Ruth Abbe, Community Action for a Sustainable Alameda.
Vice Mayor Knox White clarified the motion is the staff recommendation with the City
Manager's addendum; seconded the motion.
Regular Meeting
Alameda City Council
4
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,8,"Under discussion, Mayor Ezzy Ashcraft requested the additional part of the motion be
repeated.
The City Clerk stated the motion direction is to present options as outlined by the City
Manager when the matter returns in July.
Councilmember Oddie noted the motion also allows the matter to return sooner than
July.
Councilmember Vella stated information is being sought from the public in two different
ways; property owners are being asked if they would support the assessment;
questioned spending funds on a scientific poll to get the general public's view;
expressed concern over the cost; stated the information can be obtained from going to
community groups and putting out a poll; she wants to see what property owners and
the general public have to say; fee increases have been voted down in Alameda; the
City has to figure out how to fund the work; streets flood; the City has a major
stormwater issue; expressed support of the motion with the amendments and having a
plethora of options return; stated the options need to include how the City will fund the
work.
Mayor Ezzy Ashcraft noted the City is under a consent decree over sewage leaking into
the Bay and has to do required repairs.
Councilmember Daysog stated that he prefers to see the fee adjusted to take into
account intensity of uses.
Councilmember Oddie stated that he does not think anyone is arguing against the need
for the fee; he thinks excluding the renter population a basic civil rights issue; civil rights
should not be thrown away because something is easier or cheaper.
Mayor Ezzy Ashcraft stated the vote tonight is going forward with the study and
gathering information to return to Council in July or before.
Vice Mayor Knox White requested the online survey data show who took the survey;
stated online surveys tend to target a specific demographic and will not necessarily be
representative of the City; for community meetings, the list of organizations should be
provided when the matter returns and should be representative of the community, not
just the same groups regularly engaged.
Mayor Ezzy Ashcraft inquired how the Vice Mayor would propose to compel more
people or different people to respond.
Vice Mayor Knox White responded the City conducts statistically significant studies
every two years; stated the survey should not claim the community supports something
if the survey is not completed by an appropriate sample; the study has to be careful and
Regular Meeting
Alameda City Council
5
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,9,"thoughtful in pursuing input from the full community or money must be spent to get the
desired responses.
Councilmember Daysog stated the question needs to be answered whether the polling
should include the renter population or homeowners.
Vice Mayor Knox White stated the motion does not say what needs to be done.
Mayor Ezzy Ashcraft inquired whether the Public Works Director has sufficient
information.
Councilmember Vella stated that she did not read anything about a poll; she thought the
City would be conducting a survey, which is different; inquired whether the poll would be
specific to property owners.
The Public Works Director responded in the affirmative; stated the scientifically valid poll
would be in writing by mail for property owners; Council might want to do both and test
out similar questions in a telephone poll with a segment of responders that are renters.
In response to Councilmember Vella's inquiry regarding costs, the Public Works
Director stated a telephone poll could be done by July for about $30,000.
In response to Mayor Ezzy Ashcraft's inquiry, the Public Works Director stated it would
be difficult to separate property owners from the sample; there would be cross over; a
telephone poll would have broad representation of all Alamedans.
Mayor Ezzy Ashcraft stated the Council may want to hear from all Alamedans; having a
general election would raise the threshold for passage; inquired whether Council wants
to wait and discuss the issue once the results come back.
Councilmember Oddie stated the results would inform Council; the poll indicating 80%
of the people like it would guide the decision; Council is being asked to foreclose a path
without the data.
Councilmember Daysog stated the Council needs to hammer out the nature of the
election earlier rather than later; residents might have a different take depending on who
would get to vote.
Councilmember Vella stated the motion does not include polling; the motion would need
to be amended to have a mail or phone poll; the question is whether the fee should be
based on intensity or a flat fee; questions will dictate the response; feedback is needed
before Council can decide what to pursue.
In response to Mayor Ezzy Ashcraft's inquiry regarding the type of fee, the Public Works
Director stated there has to be a nexus to the services provided and the property; any
approach would probably end up at impervious service units, which depends on the
Regular Meeting
Alameda City Council
6
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,10,"pavement versus plants covering the property for anything larger than single family
properties; for single family homes, a flat fee would be created by coming up with an
average across all single family properties.
The Interim City Attorney stated the percentage needed to pass the fee might differ
depending on what is considered.
Vice Mayor Knox White stated the motion captures what the Council wants; community
feedback will be gathered; Council has clarified what information it wants when it comes
back; the thresholds and costs of different types of elections would also come back;
Council might decide to request more statistically significant surveying when it comes
back for Council to decide the type of election.
Mayor Ezzy Ashcraft inquired whether the Public Works Director has sufficient
information, to which the Public Works Director responded in the affirmative; inquired
whether the fee study would move forward along with other things happening in addition
to the study.
Vice Mayor Knox White and Mayor Ezzy Ashcraft responded in the affirmative.
Councilmember Oddie stated a decision should be made with all of the relevant
information.
On the call for the question, the motion carried by unanimous voice vote - 5.
(*19-231) Resolution No. 15518, ""Approving the Pavement Management Project to be
Funded through the State's Road Maintenance and Rehabilitation Account for Fiscal
Year 2019-20.' Adopted.
(*19-232) Resolution No. 15519, ""Initiating Proceedings for a Proposed Increase in
Assessments and Ordering the Preparation of an Assessment Engineer's Report for
Island City Landscaping and Lighting District 84-2, Zone 4 (Park Street). Adopted; and
(*19-232 A) Resolution No. 15520, ""Preliminarily Approving the Engineer's Report and
Declaring Intention to Order Levy and Collection of Assessments and Providing for
Assessment Ballot Proceeding and Notice of Public Hearing on June 4, 2019 Regarding
a
Possible Assessment Increase, Island City Landscaping and Lighting Maintenance
District 84-2, Zone 4 (Park Street). Adopted.
(*19-233) Resolution No. 15521, ""Preliminarily Approving the Annual Report Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing for
Notice of Public Hearing on June 4, 2019 Regarding the Assessment Increase
-
Maintenance Assessment District 01-01 (Marina Cove).' Adopted.
(19-234) Resolution No. 15522, ""Preliminarily Approving the Annual Report, Declaring
the City's Intention to Order the Levy and Collection of Assessments and Providing for
Regular Meeting
Alameda City Council
7
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,11,"Notice of Public Hearing on June 4, 2019 Regarding Possible Assessment Increases -
Island City Landscaping and Lighting District 84-2 (Various Locations throughout the
City). Adopted.
In response to Councilmember Vella's inquiry, the Interim City Attorney stated having
property within a zone would not reach the 25% threshold; he recommends
Councilmembers recuse themselves on the particular item.
Councilmember Vella inquired whether Councilmembers could recuse themselves from
a particular zone and vote on the other zones not within 500 feet, to which the Interim
City Attorney responded in the affirmative.
Councilmembers Vella and Daysog indicated that they are impacted by Zone 8.
Councilmember Oddie stated the issue has come up in the past; he thought the issue
was going to be set up to keep from not having enough three Councilmembers to vote;
doing so in the future would be appreciated.
Mayor Ezzy Ashcraft inquired whether there is a motion to approve Zones 1 through 7.
Vice Mayor Knox White moved [adoption of the resolution for Zones 1 through 7].
Councilmember Oddie seconded the motion, which carried by unanimous voice vote -
5.
Mayor Ezzy Ashcraft inquired whether there is a motion to approve the same resolution
as it pertains to Zone 8.
Vice Mayor Knox White moved [adoption of the resolution for Zone 8].
Councilmember Oddie seconded the motion, which carried by unanimous voice vote- - 3.
[Absent: Councilmembers Daysog and Vella - 2.]
(*19-235) Recommendation to Approve the Park Street Business Improvement Area
(BIA) Annual Assessment Report; Approved; and
(*19-235A) Resolution No. 15523, ""Intention to Levy an Annual Assessment on the Park
Street BIA for Fiscal Year 2019-20, to Change the BIA Boundaries to include Park
Street Landing, and to Set a Public Hearing for May 7, 2019."" Adopted.
(19-236) Recommendation to Approve the Webster Street Business Improvement Area
(BIA) Annual Assessment Report; Approved; and
(19-236 A) Resolution No. 15524, ""Intention to Levy an Annual Assessment on the
Webster Street BIA for Fiscal Year (FY) 2019-20, and to Set a Public Hearing for May 7, ,
2019 to Levy an Annual Assessment on the Webster Street BIA."" Adopted.
Regular Meeting
Alameda City Council
8
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,12,"Councilmembers Daysog and Vella recused themselves and left the dais.
Vice Mayor Knox White moved approval of the staff recommendation [including
adoption of resolution].
Councilmember Oddie seconded the motion, which carried by unanimous voice vote -
3. [Absent: Councilmembers Daysog and Vella - 2.]
(19-237) Introduction of Ordinance Amending the Alameda Municipal Code by
Amending Various Provisions, Including: (1) Section 2-17 of Chapter Il (Administration);
(2) Section 1-7 of Chapter I (General); (3) Section 2-44.1 of Chapter II; (4) Section 1-5
(Penalty Provisions; Enforcement) of Chapter I (General); (5) Section 30-23 (Certificate
of Occupancy) of Chapter XXX (Development Regulations); and (6) Other Related
Amendments Concerning Code Enforcement. Introduced.
The Building Official gave a brief presentation.
Councilmember Daysog inquired whether a certificate of occupancy would be required if
the same type of business goes into a location.
The Building Official responded the policy is not changing; stated a certificate of
occupancy has always been required; the new tenant would need to follow the same
rules as the old tenant; the Municipal Code change clarifies the current practice.
Councilmember Daysog expressed support for clarifying the language.
Councilmember Daysog moved approval of the staff recommendation [introduction of
the ordinance].
Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5.
(19-238) SUMMARY: Consider Final Passage of Four Cannabis Related Ordinances as
Follows: Two Ordinances (A and B) Repeal the Existing Cannabis Regulations; and
Two Ordinances (C and D) Adopt the Same Regulations
(A) Final Passage of Ordinance Repeal in Its Entirety Ordinance No. 3227 Concerning
Cannabis Regulations in Alameda Municipal Code Article XVI (Cannabis Businesses) of
Chapter VI (Businesses, Occupations and Industries) that, Among Other Things,
Establishes the Number of Retail Cannabis Dispensaries to be Open to the Public
(including Delivery), Disperses Their Operations, Creates a Buffer Zone from Sensitive
Uses, and Permits the Sale of Non-Medicinal Cannabis;
(19-238 A) Final Passage of Ordinance ""Repeal in Its Entirety Ordinance No. 3228
Concerning Land Use Requirements in the Zoning Ordinance of Alameda Municipal
Code Section 30-10 (Cannabis) that, Among Other Things, Permits Retail Cannabis
Dispensaries in Certain Zoning Districts Subject to a Conditional Use Permit and
Permits the Sale of Non-Medicinal Cannabis in Certain Zoning Districts;
Regular Meeting
Alameda City Council
9
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,13,"(19-238 B) Final Passage of Ordinance Concerning Cannabis Regulations in Alameda
Municipal Code Article XVI (Cannabis Businesses) of Chapter VI (Businesses,
Occupations and Industries) that, Among Other Things, Establishes the Number of
Retail Cannabis Dispensaries to be Open to the Public (including Delivery), Disperses
Their Operations, Creates a Buffer Zone from Sensitive Uses, and Permits the Sale of
Non-Medicinal Cannabis; and
(19-238 C) Final Passage of Ordinance Concerning Land Use Requirements in the
Zoning Ordinance of Alameda Municipal Code Section 30-10 (Cannabis) that, Among
Other Things, Permits Retail Cannabis Dispensaries in Certain Zoning Districts Subject
to a Conditional Use Permit and Permits the Sale of Non-Medicinal Cannabis in Certain
Zoning Districts. Not heard.
(*19-239) Ordinance No. 3235, ""Amending the Alameda Municipal Code by Eliminating
Section 6-58.200, the Sunset Clause (December 31, 2019), from Ordinance No. 3148
(City of Alameda Rent Review, Rent Stabilization, and Limitations on Evictions
Ordinance).' Finally passed.
(*19-240) Recommendation to Authorize the City Manager to Execute Second
Amendment to the Agreement with Susan Mayer to Extend the Term by Five Months,
for Financial Services in Connection with Completing the Implementation of the Cost
Allocation Plan and Indirect Cost Rate Proposal (ICRP). Accepted.
REGULAR AGENDA ITEMS
(19-241) Presentation by the Alameda Unified School District (AUSD) on AUSD's
Mental Health Needs Assessment.
The Economic Development Manager gave a brief presentation.
***
Vice Mayor Knox White left the dais at 8:29 p.m. and returned at 8:31 p.m.
***
Kristen Zazo, AUSD, gave a Power Point presentation.
Councilmember Oddie inquired whether focus groups involved Lesbian, Gay, Bisexual,
Transgender and Questioning (LGBTQ) students, to which Ms. Zazo responded in the
affirmative; noted LGBTQ students are more at risk of suicide than other groups.
Vice Mayor Knox White inquired how the District is working with County Public Health
Department.
Ms. Zazo responded most of the County Mental Health Department support is for
special education; the Districts pays the County $1.2 million for 92 students; the budget
continues to increase; discussed the billing; stated the District is looking for a different
Regular Meeting
Alameda City Council
10
April 16, 2019",CityCouncil/2019-04-16.pdf
CityCouncil,2019-04-16,14,"approach since the budget increase cannot be sustained.
Vice Mayor Knox White inquired whether the School District and the City could
approach the County to find a way to work differently, to which Ms. Zazo responded in
the affirmative; stated County Mental Health can get other grants; mental illness needs
to be treated across the County; services need to be shared in a better way.
Councilmember Vella inquired how Alameda compares to other communities.
Ms. Zazo responded most other districts have not done an intense needs assessment;
stated California Healthy Kids surveys have shown an increase; anecdotally, everyone
is seeing an increase in suicidal ideation; new legislation requires every school district
to have a plan for suicide prevention, which includes improved tracking.
In response to Councilmember Vella's inquiry about students on waitlists and referrals,
Ms. Zazo outlined the District using Alameda Family Services to cross services; stated a
non-Medical student on a waitlist could be helped by Alameda Family Services.
Councilmember Vella inquired how long is the waitlist.
Ms. Zazo responded there is a need for stigma reduction; stated Alameda Family
Service will see a student who needs immediate support; discussed insurance; noted
families worry getting help will be linked to college admission.
In response to Councilmember Vella's inquiry regarding cultural sensitivity, Ms. Zazo
outlined the three year professional development cycle for teachers.
Mayor Ezzy Ashcraft discussed the Alameda Collaborative for Children, Youth and
Families; stated it is important to de-stigmatize seeking help for mental health issues;
that she would like to suggest Council direct staff to work with the Collaborative and
help with the awareness campaign; there are ways the City can pitch in; outlined the
next steps being taken to develop the awareness campaign.
Councilmember Vella stated that she supports the recommendation discussed getting
information out through Recreation and Parks, including the guide.
Councilmember Daysog discussed the student survey responses; stated that he is very
supportive of the City doing whatever it can to help to lower the numbers.
Councilmember Oddie stated he would be open to hearing any opportunities if there are
ways the City can be helpful, including any legal ways it could help with funding.
Vice Mayor Knox White stated the more the City can engage the County in developing
messaging, the better; every school district should not develop its own campaign.
Ms. Zazo noted that she would be doing a training for Recreation and Parks staff.
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CityCouncil,2019-04-16,15,"***
Mayor Ezzy Ashcraft called a recess at 9:02 p.m. and reconvened the meeting at 9:11
p.m.
(19-242) Public Hearing to Consider Endorsing: 1) an Annual Report on the Status of
the General Plan and Housing Element, and 2) an Annual Report on the Status of the
Transportation Choices Plan and Associated Work Program Priorities.
The Planning, Building and Transportation Director gave a Power Point presentation.
Discussed climate change and needed policy changes: Denyse Trepanier, Bike Walk
Alameda.
Discussed various plans and encouraged Council to provide leadership: Ruth Abbe,
CASA.
Discussed traffic and the importance of providing safe modes of transportation: Heather
Little, Alameda.
Discussed needed changes: Pat Potter, Alameda.
Urged Council to keep the City moving forward with meaningful transportation changes:
Lucy Gigli, Bike Walk Alameda.
Councilmember Vella stated the City needs to stop acting like a Homeowner
Association engaging in vigorous design review; people need to select from options; the
process needs to be streamlined and more affordable to allow construction to occur;
time needs to be spent creating options; Council should discuss how many units will be
available for purchase versus rental property; not allowing the middle class to buy in
Alameda is a problem; the City declared and should continue to focus on vision zero;
discussed and encouraged daylighting at intersections, road repairs and bike share;
expressed support for crossings; stated the bicycle/pedestrian crossing needs to
happen on the West End and would not be solved by a gondola; shuttle bus expansion
should connect to areas like the McKay Avenue site.
Vice Mayor Knox White stated the City is not reaching its affordable goals under the
Housing Element; not enough market rate housing is being built; the viability of
Accessory Dwelling Units (ADUs) should be increased; only 38 have been proposed
and 20 are moving forward; suggested changes to the law be considered; stated land
use has one of the top impacts on climate, which needs to be addressed in the General
Plan and Housing Element; the transit goals are very oriented toward Alameda Point,
not Fruitvale, BART or downtown Oakland, which are the City's problem areas; there is
a development plan for Alameda Point; transportation planning should focus on having
people not drive to BART; the plan needs a robust protected bike lane network; the City
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CityCouncil,2019-04-16,16,"should do quick and effective projects, like daylighting; change is needed now;
discussed and encouraged bike parking and establishment of policies; requested the
Broadway-Jackson project come to Council for discussion; discussed having a lifeline
bridge, funding, ferry parking and ridership, and prioritizing climate.
Councilmember Daysog expressed support for a comprehensive, visionary General
Plan update, including the Transportation Element; outlined the reasons the
comprehensive update is needed; discussed State regulations and inconsistency with
bike lanes; suggested formation of a committee and involving groups; noted the update
will cost a lot of money; suggested another workshop be held on the issue; expressed
support for the priorities in the Transportation Choices Plan (TCP); noted projects are
included in the Plan since the focus was on implementation; expressed support for the
gondola; discussed the General Plan Parks and Open Space chapter; gave an example
of a potential policy; reiterated the need for a comprehensive General Plan update and
robust public engagement process.
Councilmember Oddie noted only 50 to 60 of the 3,000 units that have been entitled
have been built; expressed frustration; stated there is not enough supply; the review
process should not take forever; the City is running out of horizontal space and needs to
think vertically; discussed State regulations being done because cities are not providing
housing; expressed support for streamlining approvals and permits; discussed
intersection visibility, and the Central Avenue bike lane; stated things need to get done;
discussed ferry funding; stated the extra crossing needs to be done faster.
Mayor Ezzy Ashcraft discussed the CASA Compact and State housing legislation,
including ADUs; suggested Alameda staff review the San Mateo County housing
website; discussed the CASA Compact addressing the jobs/housing balance and
having more incentives than penalties; outlined available State housing funds; stated
that staff should look into a bike share replacement; suggested raising the topic of bus
passes for the vulnerable population with AC Transit; stated streets should be as
pedestrian and bicycle friendly as possible; Central Avenue needs to move forward;
safety should be the first priority; questioned whether the shuttle duplicates AC Transit
services; suggested more public outreach on transit; stated more electric vehicle
charging stations are needed across the City; the gondola is worth exploring; requested
staff to repair the flashing pedestrian signal on Otis Drive.
(19-243) Public Hearing to Consider Resolution No. 15525, ""Amending Master Fee
Resolution No. 12191 to Add New and to Revise Existing Planning, Building and Public
Works Fees."" Adopted.
The Planning, Building and Transportation Director, the Building Official and City
Engineer gave a brief presentation.
Vice Mayor Knox White inquired about potential impacts on homeowners.
The Building Office provided a handout with examples and outlined the impacts.
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CityCouncil,2019-04-16,17,"In response to Vice Mayor Knox White's inquiry regarding Design Review, the Planning,
Building and Transportation Director stated the time and materials payment is
essentially a deposit.
Vice Mayor Knox White inquired about smaller projects, to which the Building Official
responded the hourly rate went up, but the amount of time remained the same.
Vice Mayor Knox White noted the increase is about 25%.
Councilmember Daysog stated that he has the same concerns about impacts on
smaller scale projects; the Planning fees seem to impact larger projects and the
Building fees seem to impact smaller projects; he would like fees with a 78% cost
recovery not to be adjusted.
The Planning, Building and Transportation Director stated the most money comes from
small projects; stated the Department operates without using General Fund money;
discussed the reserves; stated not charging 100% cost recovery would eat away
reserves.
Mayor Ezzy Ashcraft stated that she would not support the proposal; the fees have
been streamlined; the charges are reasonable; homeowners can finance improvements;
property in the area has appreciated greatly.
***
(19-244) Mayor Ezzy Ashcraft stated a motion is needed to consider the two items after
11:00 p.m.: Councilmember Daysog's referral [paragraph no. 19-245 and the Emma
Hood Swim Center [paragraph no. 19-246].
Councilmember Vella inquired whether the referral could be continued to another
meeting.
Councilmember Daysog stated the referral was continued from two meetings ago.
In response to Councilmember Vella, Councilmember Daysog stated the referral could
be heard at the beginning of the next meeting.
Vice Mayor Knox White suggested moving it to the special meeting on April 22nd.
Mayor Ezzy Ashcraft noted the meeting would not be broadcast.
Councilmember Daysog moved approval of considering both items.
Councilmember Oddie seconded the motion.
Under discussion, the Council discussed timing.
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CityCouncil,2019-04-16,18,"Mayor Ezzy Ashcraft suggested the motion be amended to have the meeting end at
11:30 p.m.
Councilmembers Daysog and Oddie agreed to amend the motion.
On the call for the question, the motion carried by the following voice vote: Ayes:
Councilmembers Daysog, Knox White, Oddie, and Mayor Ezzy Ashcraft - 4. Noes:
Councilmember Vella - 1.
Councilmember Vella noted that she opposed the motion for medical reasons.
***
Councilmember Oddie moved adoption of the resolution.
Vice Mayor Knox White seconded the motion.
Under discussion, Councilmember Vella stated that her concern is costs are being
added to repairs if the fees are too high; renters have expressed concern over
requesting repairs; expressed support cost recovery and streamlining; stated a lot is
being done in one fee cycle; inquired how fees will impact ADU's and how the City will
enforce compliance; noted historic preservation fees are going up substantially.
The Planning, Building and Transportation Director stated fees should be set to cover
costs; Council could direct staff to streamline the processes and move projects from
Design Review permits to Design Review exemptions; there should be full cost recovery
without requiring certain permits and public hearings.
In response to Councilmember Vella's inquiry regarding the timeline, the Planning,
Building and Transportation Director stated Municipal Code changes would be required;
staff has been getting better and can speed up the process.
Mayor Ezzy Ashcraft stated if the City does not make changes, the State might do so in
the near future.
Councilmember Vella stated the process changes need to come with the fee increase
for at least projects with the greatest impact.
The Planning, Building and Transportation Director noted staff has already been
discussing prioritizing projects related to the Climate Action Plan.
On the call for the question, the motion which carried by the following voice vote: Ayes:
Councilmembers Knox White, Oddie and Mayor Ezzy Ashcraft - 3. Noes:
Councilmembers Daysog and Vella - 2.
ORAL COMMUNICATIONS, NON-AGENDA
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CityCouncil,2019-04-16,19,"None.
COUNCIL REFERRALS
(19-245) Consider Raising the Rate of the Hotel Tax (Transient Occupancy Tax).
(Councilmember Daysog)
Councilmember Daysog gave a Power Point presentation.
Mayor Ezzy Ashcraft noted the issue has been discussed as part of creating an AirBnB
ordinance.
Vice Mayor Knox White stated that he supports discussing the TOT tax at some point;
discussed referrals being on a long list and not being addressed; stated an
infrastructure bond and other measures are going to be discussed; the TOT should be
discussed; one should not be jumped to the top of the queue.
Mayor Ezzy Ashcraft stated Vice Mayor Knox White seems to want the TOT folded into
a discussion of ballot measures.
Councilmember Vella stated the City should wait until some of the new hotels are built;
she would rather focus on infrastructure; storm drains were discussed tonight; the City
is focused on other things; she is saying no for right now; the referral should not go on a
list; polling should be very specific and strategic to the few measures that have already
been put forward by staff and discussed by Council.
Mayor Ezzy Ashcraft stated the TOT would probably be easier to pass since residents
will not have to pay the tax; that she has concerns about the money not going to the
General Fund.
Councilmember Oddie stated Council will discuss revenue measures at some point and
the TOT needs to be included; it was proposed four years ago and maybe should have
been done already; expressed concern about dedicating the use of the funds, which
changes the threshold to pass; stated the TOT is a quick and easy way to generate
revenue.
Councilmember Daysog stated that he looks forward to further conversations on the
TOT; 1% would generate $160,000 and 2% would generate roughly $250,000, which
would be good money to go towards a visitor serving campaign; he is fine with having
the TOT discussed as part of a more robust discussion of revenue measures.
COUNCIL COMMUNICATIONS
(19-246) Status of the Emma Hood Swim Center at Alameda High School.
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CityCouncil,2019-04-16,20,"Vice Mayor Knox White and the Interim Assistant City Manager gave a brief
presentation.
Vice Mayor Knox White requested Council input on pro-rating the funding paid based on
use.
Mayor Ezzy Ashcraft noted the timing is fast; the committee meets every week; a staff
report will return on the May 7th Council meeting.
Vice Mayor Knox White stated the second question is location; the two preferred
locations are: 1) rebuilding at the Emma Hood site, which could accommodate a facility
similar to El Cerrito, and 2) Thompson Field, which would require relocating the football
field and would add a couple of years to the process.
Councilmember Vella stated that she is fine with the cost sharing, which is within the
parameters of what was anticipated; she thought Council talked about having a more
robust discussion of the sites.
Mayor Ezzy Ashcraft inquired whether the staff report could include all the sites that
were reviewed, to which Vice Mayor Knox White and the Recreation and Parks Director
responded in the affirmative.
Councilmember Vella requested the information reviewed by the subcommittee be
attached to the staff report; inquired whether the proposed facilities are indoor or
outdoor, which can be answered later, and if access would be limited during school if
the facility is at the High School.
The Recreation and Parks Director responded the Alameda High School Principal is on
the subcommittee; daytime use [during school hours] is only a problem at Encinal High
School because of the pool location; the City was not interested in daytime use with
Alameda High School pool in the current state.
Councilmember Vella inquired whether there would be a separate public entrance, to
which the Recreation and Parks Director responded in the affirmative.
Councilmember Vella inquired whether the agreement would allow daytime use, to
which the Recreation and Parks Director responded in the affirmative; noted to footprint
would be expanded into the tennis court area.
Councilmember Daysog stated the site should be the Emma Hood facility; the tennis
courts east of the pool have extra space and the pool could expand without sacrificing
the tennis courts; tennis courts to the south also have unusually long depth so
southward expansion could also be done.
Mayor Ezzy Ashcraft inquired about the cost sharing, to which Councilmember Daysog
responded that he is fine with the cost sharing.
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CityCouncil,2019-04-16,21,"Councilmember Oddie stated that he agrees with the cost sharing; the City has to help
the School District; picking a site is hard without a staff report; he would be more
inclined to stay at the current site.
Vice Mayor Knox White inquired whether Councilmember Vella is interested in other
sites, to which Councilmember Vella responded in the negative; stated that she would
like to know what is being considered; the question will be raised by the public.
Vice Mayor Knox White stated the staff report will recommend a site; a report will also
go to the School Board; a plan has to be approved within two meetings.
Mayor Ezzy Ashcraft noted that she is on board with Emma Hood.
Councilmember Vella stated attaching the information to the staff report ensures it
reaches the public.
CITY MANAGER COMMUNICATIONS
(19-247) The City Manager made an announcement regarding the Earth Day Festival,
Alameda's Seabin project was nominated for the webby awards, and Pizza with a
Purpose to support Special Olympic athletes.
COUNCIL COMMUNICATIONS
(19-248) Councilmember Oddie requested the meeting be adjourned in memory of
former San Leandro Mayor Tony Santos.
(19-249) Councilmember Daysog made an announcement regarding a Recreation and
Parks Department workshop at Longfellow Park.
(19-250) Mayor Ezzy Ashcraft made a brief announcement about Measure A passing at
the April 9th special election; stated that she signed on to the Countywide effort: the Bay
Area Stands United Against Hate at Alameda County Conference of Mayors;
announced she attended a Coast Guard meeting and received appreciation for the
City's response during the government shutdown.
ADJOURNMENT
(19-251) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting
at 11:29 p.m. in memory of Tony Santos.
Respectfully submitted,
Lara Weisiger
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CityCouncil,2019-04-16,22,"City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
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