body,date,page,text,path
CityCouncil,2021-09-07,1,"MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY- - -SEPTEMBER 7, 2021--5:00 P.M.
Mayor Ezzy Ashcraft convened the meeting at 5:04 p.m.
Roll Call - Present:
Councilmembers Daysog, Herrera Spencer, Knox White,
Vella and Mayor Ezzy Ashcraft - 5. [Note:
The meeting
was held via Zoom.]
Absent:
None.
Consent Calendar
Councilmember Knox White moved approval of the Consent Calendar.
Councilmember Daysog seconded, which carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 4; Noes: 1. [Items so enacted or adopted are
indicated by an asterisk preceding the paragraph number.]
(*21-515) Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell,
Community Development Director, and Louis Liss, Base Reuse Manager, as
Designated Real Property Negotiators for the West Midway Project and Site A at
Alameda Point. Accepted.
The meeting was adjourned to Closed Session to consider:
(21-516) Conference with Legal Counsel - Existing Litigation (Pursuant to Government
Code Section 54956.9); Case Name: Howell V. City of Alameda; Court: Alameda
Superior Court, Hall of Justice, 1225 Fallon Street, Oakland, CA; Case Numbers:
RG20061693
(21-517) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8); Property: West Midway Parcel; City Negotiators: Eric Levitt, City
Manager, Lisa Maxwell, Community Development Director, and Louis Liss, Base Reuse
Manager; Negotiating Parties: City, Catellus, and Brookfield; Under Negotiation: Price
and Terms. Not heard.
(21-518) Conference with Legal Counsel - Existing Litigation (Pursuant to Government
Code Section 54956.9); Case Name: City of Alameda V. Union Pacific (Sweeney);
Court: Superior Court of the State of California, County of Alameda; Case Numbers:
RG18921261
(21-519) Conference with Labor Negotiators (Pursuant to Government Code Section
54957.6); City Negotiators: Eric Levitt, City Manager, Gerry Beaudin, Assistant City
Special Meeting
Alameda City Council
September 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,2,"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), International
Association of Firefighter, Local 689 (IAFF) Alameda Fire Managers Association
(AFMA), Alameda Police Officers Association (APOA) and Alameda Police Managers
Association (APMA), Executive Management Employees (EXME) and Alameda
Municipal Power Unrepresented Management Employees (AMPU); Under Negotiation:
Salaries, Benefits and Terms of Employment
(21-520) Conference with Real Property Negotiators (Pursuant to Government Code
Section 54956.8); Property: Grandview Pavilion; City Negotiators: Eric Levitt, City
Manager, Nanette Mocanu, Assistant Director of Base Reuse and Community
Development, Amy Wooldridge, Recreation and Parks Director; Negotiating Parties:
City of Alameda and Alameda County and Greenway Golf; Under Negotiation: Price and
Terms. Not heard.
Following the Closed Session, the meeting was reconvened and the City Clerk
announced that regarding Howell, the accident which forms the basis of this litigation
took place on December 11, 2019 at 2149 Central Avenue in the City of Alameda;
Donna Howell and her husband walked across the driveway/sidewalk apron with the
intention of entering Central Avenue midblock; Donna Howell fell, sustaining serious
injuries; she later suffered whole body organ failure and passed away on January 10,
2020; in order to avoid the expense and uncertainty of litigation, the City Council
authorized the City Attorney to settle this matter in an amount not to exceed $117,500
by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye;
Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye; Ayes: 5; regarding Union
Pacific, the case involves an ongoing eminent domain litigation against Union Pacific
(UP), where the City seeks to acquire portions of abandoned UP Railroad right-of-way
on the south side of Jean Sweeney Open Space Park; the property to be acquired will
be approximately 23,489 square feet, plus 2 easement acquisitions of approximately
7,532 square feet; the property will be used to provide public access to the southern
neighborhood, connect with critical infrastructure and properly route the Cross Alameda
Trail; the parties have reached a tentative agreement to finalize the eminent domain
process without trial, whereby the City would pay approximately $1.2 million for the
acquisition and agree to cooperate for the next three to six years with any application for
R-2 residential zoning on the remaining UP property; for clarity, the cooperation is not a
pre-commitment for approval; the Council authorized the City Attorney to resolve the
litigation consistent with the tentative agreement by the following roll call vote:
Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye; Ayes: 3; Noes: 2; regarding Labor Negotiators, staff provided
information and Council provided direction with no vote taken.
Special Meeting
Alameda City Council
September 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,3,"Adjournment
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:45
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 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,4,"MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
COMMUNITY IMPROVEMENT COMMISSION (SACIC)
TUESDAY--SEPTEMBER - 7, 2021 - -6:58 P.M.
Mayor/Chair
Ezzy
Ashcraft
convened
the
meeting
at
7:09
p.m.
Councilmember/Commissioner Daysog led the Pledge of Allegiance.
ROLL CALL -
Present:
Councilmembers/Commissioners
Daysog,
Herrera
Spencer, Knox White, Vella and Mayor/Chair Ezzy
Ashcraft - 5. [Note: The meeting was held via Zoom.]
Absent:
None.
CONSENT CALENDAR
Councilmember/Commissioner Knox White moved approval of the Consent Calendar.
Councilmember/Commissioner Herrera Spencer seconded the motion, which carried by
the following roll call vote: Councilmembers/Commissioners Daysog: Aye; Herrera
Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor/Chair Ezzy Ashcraft: Aye. Ayes:
5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph
number.]
(*21-521 CC/21-17 SACIC) Minutes of the Special Joint City Council and Successor
Agency to the Community Improvement Commission Meetings Held on June 15, 2021
and July 6, 2021. Approved.
(*21-522 CC/21-18 SACIC) Recommendation to Accept the Investment Report for the
Quarter Ending June 30, 2021. Accepted.
ADJOURNMENT
There being no further business, Mayor/Chair Ezzy Ashcraft adjourned the meeting at
7:11 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk
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
1
September 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,5,"MINUTES OF THE CONTINUED JULY 20, 2021 CITY COUNCIL MEETING
TUESDAY- - -SEPTEMBER 7, 2021-6:59 - P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:11 p.m.
ROLL CALL -
Present:
Councilmembers Daysog, Herrera Spencer, Knox
White, Vella, and Mayor Ezzy Ashcraft - 5. [Note:
The meeting was conducted via Zoom]
Absent:
None.
CONTINUED AGENDA ITEMS
(21-523) Introduction of Ordinance Amending the Alameda Municipal Code, Including
Article VIII (Sunshine Ordinance) of Chapter Il (Administration) to Clarify Enforcement
Provisions and Provide for Other Updates and Enhancements to the Sunshine
Ordinance. Introduced.
The City Attorney gave a brief presentation.
Outlined the ""penalties"" section of the Sunshine Ordinance; stated that she finds the
section concerning; the penalty is harsh and unnecessary; the Open Government
Commission (OGC) has not heard many complaints; urged Council to amend the clause
and represent a fair process; noted San Francisco's Sunshine Task Force does not
have a similar penalty clause and Alameda should follow: Carmen Reid, Alameda.
Expressed support for speaker Reid's comments; stated that he is concerned about
transparency; outlined a published agenda error change; stated changes are made to
matters on published agendas including updated correspondence; many items need
more transparency; urged Council create a Citizens Task Force which holds public
meetings; expressed support for changes to the ad hoc committee provision; outlined
previous updates made to the Sunshine Ordinance: Jay Garfinkle, Alameda.
Mayor Ezzy Ashcraft stated Council is considering specific provisions; requested
clarification on the penalties provision of the Sunshine Ordinance.
The City Attorney stated staff has not proposed any changes to the penalty section of
the ordinance; the section is a carryover and is intended to limit the amount of work for
City staff and Commissions related to unfounded complaints.
Mayor Ezzy Ashcraft requested clarification about correspondence being added to
agenda items.
The City Clerk stated any additional correspondence that comes in is attached to the
agenda item; as correspondence is received, the date updated; new correspondence
added at the top of the document.
Continued July 20, 2021 Regular Meeting
Alameda City Council
September 7, 2021
1",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,6,"Mayor Ezzy Ashcraft inquired whether correspondence is often received up until the
time of the meeting, to which the City Clerk responded in the affirmative.
Councilmember Herrera Spencer stated that she would like to know whether it is
possible to have the OGC review the penalty provision; the provision is extreme; she
would like to know the procedure of having the provision reviewed; expressed concern
about the use of the term ""shall"" under Section 2-93.8.a.
The City Attorney stated the ordinance shows the originating body being required to
consider the Commission's recommendation with the use of the term ""shall.'
Councilmember Herrera Spencer stated that she is concerned by the use of the term
""shall;"" the term ""may"" should be used instead; she has concerns about the Commission
dictating that Council must consider a recommendation; the interim poses Council
keeping status quo; outlined an instance related to cannabis ordinances; stated the
language reads as though Council has to follow the lead of the OGC to void the original
decision, re-evaluate the matter and make another decision; it is not appropriate for a
Commission to dictate to Council what must be done; Commissions may make
recommendations.
Mayor Ezzy Ashcraft requested clarification for the use of the term ""shall"" versus ""may""
in the ordinance.
The City Attorney stated if the Commission renders a decision that a Council decision
enacting an ordinance is unlawful, Council would be required to consider the
recommendation; the decision does not automatically mean that the previous Council
decision is void; however, the matter must be agendized as soon as possible to discuss
and consider the Commission's recommendation; the Council may accept or reject the
Commission's recommendation upon a majority vote; if Council wants to change the
term to ""may,"" Council may or may not consider the Commission's recommendation;
both approaches are lawful.
Councilmember Herrera Spencer stated that she has concerns over the use of the term
""shall"" throughout the section; Council must decide at the time whether or not to re-visit
an issue; Council may consider the OGC's recommendation; the City Charter is clear
about which body has the ultimate power which is City Council, not Boards and
Commissions; a vote of the people needs to give authority to the OGC; any use of the
term ""shall"" is a problem.
The City Attorney stated staff has met with the OGC many times; the OGC would like to
have gone much further than the proposed language; the proposed language seeks the
maximum compromise possible; there are no legal problems if Council wishes to
change ""shall"" to ""may;"" the changes can easily be made.
Mayor Ezzy Ashcraft stated that she understands the section as pertaining to a violation
Continued July 20, 2021 Regular Meeting
Alameda City Council
2
September 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,7,"in providing public information found by the Commission; noted the OGC may
recommend to the City, the steps necessary to cure or correct the violation; inquired
whether the section needs another section which discusses Council's process to cure or
correct.
The City Attorney responded in the negative; stated the issue of public information is
typically administrative action; Council does not take action on administrative actions;
staff left the language included under the administrative section; the section for Brown
Act violations differs.
Councilmember Herrera Spencer stated that she is concerned about the time period
between the OGC making a recommendation and the matter being brought to Council;
inquired what happens to the decision made by Council in the meantime and whether
the decision continues moving forward or becomes stalled.
The City Attorney responded the language provides that the City is encouraged to
maintain the status quo; stated the action will largely depend on the situation; the
original Council action will be effective by operation of law; if a scenario were Council
directing staff to lobby for a particular bill that has a timeframe, staff will likely proceed,
notwithstanding a Commission decision; outlined a scenario related to planting trees
over a three year time period in which a two-month delay would likely cause no
difference; staff would likely delay action in said scenario.
Councilmember Knox White expressed support for the consideration given to the
matter; stated staff has worked to find a compromise that provides some accountability;
future OGC's might be a ruling body and might not necessarily have impact on the City
doing business; the changes meet the compromise admirably and provide flexibility to
the City whereby the harm from a finding is reduced; the proposed language gives the
public the ability to know that findings of violations will be re-heard and cured;
expressed support for the staff recommendation.
Councilmember Knox White moved introduction of the ordinance.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Daysog stated that he would like to hash the matter
out even further; he is not convinced of the language being proposed; expressed
concern about maintaining the status quo pending final review by the Commission;
stated if Council makes a decision that the OGC subsequently finds troubling, the
current language leaves the decision of Council moving forward or not depending on the
immediacy of the issue as outlined by the City Attorney; noted the legislation matter
situation will allow Council to move forward even when the OGC has found the matter
troubling; City staff needs to factor in and vet the possibility of the OGC having
questions regarding certain matters; if the OGC finds a troubling matter, Council should
not want to move the matter forward even if it is time-sensitive; Council should re-visit
and hold off on executing matters deemed troubling by the OGC; the term should read:
Continued July 20, 2021 Regular Meeting
Alameda City Council
September 7, 2021
3",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,8,"""must encourage status quo;"" the matter is critical and gives the OGC process
effectiveness and power; he does not agree with the use of the term ""should;""
expressed concern about the five year penalty; stated that he does not think the
situation in government has been so troubling for someone to muck up the gears of the
government process; he is not convinced of imposing such a drastic penalty; it is the
right of the people to attend OGC and Council meetings; he does not think Council
should be so heavy handed in the penalty; the penalty is not fair or democratic.
Mayor Ezzy Ashcraft stated the matter may return to the OGC.
Councilmember Daysog stated that he has concerns over the Null and Void provision;
the OGC does not have the power to declare matters Null and Void; when the OGC
challenges a Council decision, the decisions must be put in abeyance.
Vice Mayor Vella expressed support for the recommendations; stated there have been
several lively conversations with the OGC; the ordinance has been in place for over one
decade; a number of things may need to be changed going forward; the OGC and
Sunshine Ordinance came about from large-scale community conversation; there have
been proposals and differences in opinion on what may or may not be within the
confines of the City Charter; if constituents are interested in seeing certain things
change, proposals to take action through amending the Charter or other alternatives
can occur via robust community conversation; it is a good time to make changes; a
tremendous amount of effort has been put forth in the proposed language before
Council; she is prepared to support the matter; expressed support for all members of
the OGC through the years; stated a substantial amount of time has been put into the
matter; an ordinance has been put forth which will ensure the City is as open and
transparent as possible; she would like to encourage Council, the OGC, staff and the
community to have a larger discussion on the meaning of open government.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
ADJOURNMENT
There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:47
p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Continued July 20, 2021 Regular Meeting
Alameda City Council
4
September 7, 2021",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,9,"MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- - - -SEPTEMBER 7, 2021--7:00 - P.M.
Mayor Ezzy Ashcraft convened the meeting at 7:47 p.m.
ROLL CALL -
Present:
Councilmembers Daysog, Herrera Spencer, Knox
White, Vella, and Mayor Ezzy Ashcraft - 5. [Note:
The meeting was conducted via Zoom.]
Absent:
None.
AGENDA CHANGES
(21-524) Mayor Ezzy Ashcraft stated that she would like to hear the nominations
[paragraph no. 21-525 next.
Councilmember Herrera Spencer proposed moving up the legal notices item [paragraph
no. 21-559], the referral on Alameda Point housing constraints [paragraph no. 21-566],
and the referral on the Regional Housing Needs Allocation (RHNA) [paragraph no. 21-
567]; stated the matters are important to provide direction to staff regarding the Housing
Element.
Mayor Ezzy Ashcraft encouraged all Councilmembers to be as economical with
comments in order to move expeditiously through the agenda; expressed concern about
moving up Council Referrals.
Councilmember Knox White moved approval of moving up the nominations to the top of
the meeting and leaving the rest of the agenda in-tact.
Vice Mayor Vella seconded the motion, which carried by the following roll call vote:
Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
COUNCIL COMMUNICATIONS
(21-525) Mayor's Nominations for Appointment to the Golf Commission, Housing
Authority Board of Commissioners, and Library Board.
Mayor Ezzy Ashcraft nominated Robert Lattimore for appointment to the Golf
Commission and Dimple Kanji and Sara Strickler for appointment to the Library Board.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
(21-526) Mayor Ezzy Ashcraft made an announcement regarding Alameda Firefighters
being dispatched to various wild fires; acknowledged and thanked: Dave Port, Jacob
Zinn, Brock Liebhardt, Gustavo Lopez, Byong Kim, James Pagnini, Garret Indrebo,
Regular Meeting
Alameda City Council
September 7, 2021
1",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,10,"Ryan Tunney, Dallas Andrews, Troy McNeil, Daniel Martin, Daniel Dias, Kyle Garcia,
Joshua Sanders and Timothy Elliott.
ORAL COMMUNICATIONS, NON-AGENDA
(21-527) Josh Altieri, Alameda Housing Authority (AHA), announced the opening of the
housing voucher waitlist for both the Housing Choice Voucher Program and the Project-
Based Voucher Program; stated the programs are for physical units in the City of
Alameda; urged all interested parties to apply; stated the waitlist will open at 8:30 a.m.
September 10th and will close 12:00 p.m. on September 20th; the waitlist application is
available online only; four application centers are available for those without access to
the internet or a mobile phone: Mastick Senior Center, Alameda Free Library, Alameda
Boys and Girls Club and the Alameda Point Collaborative; online and phone line
customer support is available in five multi-lingual options; reasonable accommodations
can be made for those with disabilities; outreach is being provided.
Mayor Ezzy Ashcraft inquired whether those without internet access are at a
disadvantage.
Mr. Altieri responded AHA will work with people; stated reasonable accommodation
needs must be submitted; AHA staff will work to find a solution in order for people to
complete the application.
Mayor Ezzy Ashcraft inquired the method people will obtain information.
Mr. Altieri responded people can call the AHA; online and phone support is available for
12 hours per day beginning September 10th.
(21-528) Bradley King, Alameda, urged Council to end the Slow Street program; stated
that he thought the program would be temporary; the program is well-meaning;
however, has not served its purpose; the traffic barriers at the end of streets should be
used to indicate large holes and cause problems with the intersections; noted the right-
of-way is unknown at the intersections; less attention is being paid to pedestrians;
expressed concern about allowing recreation to occur in designated slow streets; traffic
does not seem to be significantly decreased on slow streets; urged Council rotate the
designated slow streets if the program is not ended.
(21-529) Jay Garfinkle, Alameda, discussed flooding on the East Coast; stated areas
with improved maintenance experienced less basement flooding; discussed Harbor Bay
Isle development flooding; questioned whether ongoing activities are being held locally
to ensure the City is ahead of disasters; discussed publicity for adverse Police events
across the country; stated that he would like to hear the findings and details of the Mario
Gonzales autopsy.
CONSENT CALENDAR
Regular Meeting
Alameda City Council
September 7, 2021
2",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,11,"The City Clerk announced the Resolution for Community Facilities District 13-1
[paragraph no. 21-548 was removed from the Consent Calendar.
Discussed the Bills for Ratification; questioned whether the vehicle replacements listed
in the Bills are all electric vehicles; discussed State all-electric vehicles sales by 2030;
questioned whether the City has considered purchasing all-electric only vehicles and
whether the approach fits with City goals; discussed cell phone bill amounts; questioned
high cell phone bill amounts: Carmen Reid, Alameda.
Councilmember Herrera Spencer announced that she would like the Bills for Ratification
[paragraph no. 21-531], the Agreement with Eden Information & Referral, Inc.
[paragraph no. 21-534], the First Amendment with Akerman LLP [paragraph no. 21-
538], the Revised Vehicle Replacement Policy [paragraph no. 21-543], and the
American Rescue Plan 2021 [paragraph no. 21-544 ] matters pulled from the Consent
Calendar for discussion.
Councilmember Knox White moved approval of the remainder of the Consent Calendar.
Vice Mayor Vella seconded the motion, which carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye;
and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by
an asterisk preceding the paragraph number.]
(*21-530) Minutes of the Continued June 15, 2021 Meeting, the Special City Council
Meeting and the Regular Meeting Held on July 6, 2021. Approved.
(21-531) Ratified bills in the amount of $17,856,432.45.
Councilmember Herrera Spencer inquired whether the vehicle replacements are all-
electric.
The City Manager responded several vehicles have been approved; stated the Public
Works Director is able to provide further information.
Councilmember Knox White stated that his understanding of the matter is to ratify that
the appropriate people have signed off on the bills; the matter is not a place for Council
to question each listed charge; if Councilmembers have questions about charges, the
questions can be asked outside of the meeting; discussing the matter is off-topic and
violates noticing requirements.
Mayor Ezzy Ashcraft outlined the memorandum included in the bills from the Finance
Director.
Vice Mayor Vella stated Council has conflated different items; expressed concern over
noticing requirements.
Regular Meeting
Alameda City Council
September 7, 2021
3",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,12,"Councilmember Daysog stated residents and Councilmembers are within their rights to
scrutinize the detailed payments and revenue items within the ledger; the point of the
Bills is for people to see how the City is spending money; it is good courtesy on the part
of Councilmembers to ensure a discussion on the matter occurs with staff prior to the
meeting; noted the ledger is detailed and contains many transactions; it is
understandable if staff is unable to respond to questions on the spot due to the detailed
nature of the report; staff can return with further details at a later time.
Councilmember Herrera Spencer stated the vehicles are listed on page 3 of the check
register; inquired whether the listed vehicles are electric.
The Public Works Director responded the Bills list items which have already been
purchased and the expense incurred; outlined the vehicle purchase policy and
Administrative Policy 48; noted all sedan and compact vehicles are to be replaced with
alternative fuel vehicles when up for renewal; in certain cases a hybrid is purchased;
most of the compact and sedan vehicles to be replaced will be electric; the Electric
Vehicle (EV) market is not yet sufficient for the light and heavy duty and emergency
vehicle needs; each time staff renews a vehicle, research is completed to determine
suitability; the vehicles referenced in the Bills are for three maintenance service trucks,
which do not meet the EV purchasing requirements; purchase request were previously
brought to Council; the vehicles are not EV due to the market not allowing for such
purchase to be made.
Councilmember Knox White moved approval of the bills.
Councilmember Herrera Spencer seconded the motion, which carried by the following
roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye;
Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*21-532) Recommendation to Accept the Quarterly Sales Tax Report for the Reporting
Period Ending March 31, 2021 (Funds Collected During the Period October 1, 2020 to
December 31, 2020). Accepted.
(*21-533) Recommendation to Accept the Quarterly Sales Tax Report for the Reporting
Period Ending June 30, 2021 (Funds Collected During the Period January 1, 2021 to
March 31, 2021). Accepted.
(21-534) Recommendation to Authorize the City Manager to Execute a Six-Year
Agreement with Eden Information & Referral, Inc. for an Amount Not to Exceed
$700,000 to Provide a Transportation Network Company (TNC) Concierge Service as
Part of the City's Paratransit Program.
Councilmember Herrera Spencer stated it is important for the public to understand the
matter; the matter speaks to using Uber and Lyft as TNC for the paratransit program;
inquired the vetting process used for Uber and Lyft drivers and whether special training
Regular Meeting
Alameda City Council
September 7, 2021
4",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,13,"will be provided; expressed support for the needs of the paratransit program
participants' being met.
The Senior Transportation Coordinator responded staff is providing a recommendation
for Eden Information and Referral, Inc. (Eden I&R) to provide a TNC concierge program;
stated Eden I&R will act as the third party provider that will book trips for community
members as well as providing monitoring and evaluation of trips; Eden I&R will help
users through the process from beginning to end; the program targets the most
vulnerable population; the program is replacing the former taxi subsidy program; the
program is risk-averse and is the right time to provide the service.
Mayor Ezzy Ashcraft expressed support for the work of Eden I&R.
Alison DeJung, Eden I&R, stated Eden I&R has been operating a similar TNC program
for the City of Hayward for a little over one year; most of the other cities in Alameda
County provide a similar program for profit called Go-Go Grandparent; the program is a
natural fit and provides the same callers with third party assistance and scheduling; the
approach is holistic; there are valid questions and concerns about liabilities with Lyft and
Uber; the City Attorney for the City of Hayward offered to connect with the City Attorney
for the City of Alameda.
Councilmember Herrera Spencer stated that she has not always had the best
experience in using Uber; she would like to know how the drivers are being vetted and
monitored; questioned whether there is a way to provide feedback from the consumer
after each ride if a bad ride is experienced; expressed concern about the term of the
contract.
Ms. DeJung responded the concern over the feedback loop has come up in City
Commission meetings; Eden I&R's goal for the transportation division is to implement a
more robust feedback loop from clients.
Lobsan Barrera, Eden I&R, stated the difference between Eden I&R and those using
Uber and Lyft on their own is the attention provided; the program provides extra security
for the client; the average pickup time in the transportation department is 12 seconds;
Eden I&R has special health accounts, which differ from normal accounts; Eden I&R is
only supplied with 4.0 out of 5.0 star rated drivers; any issues that occur during the ride
are reportable to Eden I&R by dialing 2-1-1; the issues are relayed to Uber and Lyft;
responses from Uber and Lyft are provided within 20 to 30 minutes; many success
stories over the year have been provided from the City of Hayward; Eden I&R staff does
not solely focus on patching rides, but also reviews and supervises the ride of each
client from beginning to end; any discrepancies or suspicious activities are revewied to
ensure and confirm the safety of riders.
The Senior Transportation Coordinator stated some jurisdictions do not use third party
providers and work directly with TNC's; staff is adding the extra layer of security for the
most vulnerable population.
Regular Meeting
Alameda City Council
September 7, 2021
5",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,14,"Councilmember Daysog expressed support for the City working with Eden I&R; stated
Eden I&R has a long history of providing social and mental health referrals; outlined
United Way of the Bay Area utilizing Eden I&R as a resource; stated 2-1-1 provides a
position to deliver information to types of services needed; the information is not always
available in a one-stop area; the matter is a great opportunity and Alameda will put in
safeguards to avoid bad experiences.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Knox White seconded the motion.
Under discussion, Councilmember Knox White expressed support for the matter; stated
that he does not typically support TNC's; however, the use is something to support.
Vice Mayor Vella stated that she will not be supporting the matter; she has a number of
concerns over liability issues and the TNC companies; the City needs to find a way to
partner and ensure that care is provided to vulnerable community members; she does
not want to provide the partnership at the expense of TNC workers not getting things
such as worker's compensation coverage; expressed support for the work and
partnership of Eden I&R.
Councilmember Herrera Spencer inquired whether staff can confirm the drivers are not
being allotted worker's compensation.
Mayor Ezzy Ashcraft noted a court decision has challenged Proposition 22; stated that
she would like to take a vote on the matter.
Councilmember Herrera Spencer made a friendly amendment to the motion to include
an update after the first year, which includes feedback from the population being
served.
Councilmember Daysog stated that he will defer to staff on the annual report.
The Senior Transportation Coordinator stated the annual report is included within the
staff report.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: No; and
Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
(*21-535) Recommendation to Accept the Semi-Annual Report for the Period of January
1, 2021Through June 30, 2021, on 1) Litigation and Liability Claims Settlements, 2)
Workers' Compensation Settlements, 3) Personnel Settlement, and 4) Whether Any
Records Previously Withheld from Disclosure Have Now Become Available to the
Public. Accepted.
Regular Meeting
Alameda City Council
September 7, 2021
6",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,15,"(*21-536) Recommendation to Authorize the City Manager to Execute a Two-Year
Agreement, in an Amount Not to Exceed $250,000, with Alameda Family Services for
Student and Family Mental Health Services. Accepted.
(*21-537) Recommendation to Authorize the City Manager to Execute a One-Year
Agreement with Terraphase Engineering for Environmental Consulting Services at
Alameda Point in an Amount Not to Exceed $147,458 for the First Year, with the Option
of Four One Year Extensions for a Total Five Year Agreement in an Amount Not to
Exceed $517,909. Accepted.
(21-538) Recommendation to Authorize the City Manager to Execute a First
Amendment with Akerman LLP, Similar in Form to Exhibit 1 Attached, for Federal
Legislative Services for a Term of 13 Months with Two One-Year Options to Extend,
and Compensation for the First Amendment Not to Exceed $97,500 and Total Four-
Year Compensation Not to Exceed $367,500; and
(21-538 A) Recommendation to Execute a First Amendment with Clear Advocacy, LLC,
Similar in Form to Exhibit 2 Attached, for State Legislative Services for a Term of 12
Months with Two One-Year Options to Extend, and Compensation for the First
Amendment Not to Exceed $90,000 and Total Four-Year Compensation Not to Exceed
$322,500.
Councilmember Herrera Spencer stated that she pulled the matter from Consent in
order to bifurcate the matter and vote separately on the contracts.
Vice Mayor Vella moved approval of the agreement with Akerman.
Councilmember Knox White seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella:
Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
Councilmember Knox White moved approval of the agreement with Clear Advocacy.
Vice Mayor Vella seconded the motion.
Under discussion, Councilmember Daysog stated that he believes a list of items were to
be included for the State advocate to look into; noted that he does not support several
matters listed; he will not support the motion.
Councilmember Herrera Spencer expressed concern about Clear Advocacy looking into
the Surplus Lands Act; stated the Surplus Lands Act should apply; the City should not
be contesting use of the Surplus Lands Act at Alameda Point; the Act goes to providing
affordable housing at Alameda Point.
On the call for the question, the motion carried by the following roll call vote:
Regular Meeting
Alameda City Council
September 7, 2021
7",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,16,"Councilmembers Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2.
(*21-539) Recommendation to Authorize the City Manager to Remit Payment in the
Amounts of $910,525 and $655,752 to the East Bay Municipal Utility District (EBMUD)
for Alameda Point's Adaptive Reuse Areas Phase 1 and Phase 2 Water Main
Extensions, Respectively. Accepted.
(*21-540) Recommendation to Accept the Work of Redgwick Construction for the Otis
Drive Traffic Calming and Safety Improvement Project, No. P.W.05-20-29. Accepted.
(*21-541) Recommendation to Authorize the City Manager to Execute a Second
Amendment to the Agreement with Coastland Civil Engineering for City Engineering
Services, in an Amount Not to Exceed $100,000 for an Aggregate Amount Not to
Exceed $249,500. Accepted.
(*21-542) Recommendation to Authorize the City Manager to Execute a Five-Year
Agreement with NBS for Sewer Service Charge Tax Roll Administrative Services in an
Amount Not to Exceed $278,108.44. Accepted,
(21-543) Recommendation to Authorize the Purchase of Six Vehicles Consistent with
Revised Vehicle Replacement Policy in Amounts Not to Exceed $93,377 from Freeway
Toyota for Three Hybrid Vehicles, $74,984 from Cromer Material Handling for Two
Forklifts and $311,598 from Leader Industries for One Ambulance.
Councilmember Herrera Spencer stated that she is concerned about the location of
Freeway Toyota; inquired whether there are local Toyota companies which can provide
vehicles.
The City Manager responded Freeway Toyota is the State bid winner for the vehicle
type.
The Fleet Supervisor stated the contracts are State contracts, specifically California
Multiple Award Schedule (CMAS), which is conducted by the Department of General
Services (DGS); the companies and dealerships are based in California; staff did not
reach out to local Toyota businesses; the State contract moves a high volume of
vehicles which have a better price reduction from the manufacturer.
Councilmember Herrera Spencer noted the vehicles are Toyotas; inquired whether
another local vendor would be able to sell the vehicles at the rate of roughly $31,000
per vehicle.
The Fleet supervisor responded most local dealerships are focused on selling vehicles
to the general public versus operating fleet sales; fleet operation sales make
substantially less on individual vehicle; the vendor is able to sell many vehicle units and
is therefore able to get a reduced price from Toyota; staff can reach out to a local
Regular Meeting
Alameda City Council
September 7, 2021
8",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,17,"vendor; however, the dealership will not likely want to sell a vehicle for far less than
what the general public would offer.
Councilmember Daysog moved approval of the staff recommendation.
Councilmember Knox White seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye;
and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(21-544) Resolution No. 15805, ""To Increase Expenditure Appropriations in the
American Rescue Plan 2021 Project (96034/C9930) in the Capital Projects Fund (310)
by $23,625 for the Feed Alameda Program to Provide Alameda's Most Vulnerable
Residents with Hot Meals and to Provide Support to Alameda Restaurants."" Adopted.
Councilmember Herrera Spencer stated one restaurant provider was excluded from the
program due to not serving hot meals, only cold meals; noted that she consumes cold
meals; inquired whether the requirement to provide hot meals is included in the
program; questioned whether the City has discretion and flexibility to include offering
cold meals as part of the program.
The Economic and Community Services Manager responded the program called for hot
meals, which is the reason for the exclusion of one restaurant; stated staff can include
the restaurant if Council wishes to include the cold meal option; the restaurant indicated
does not have a hot meal option.
Mayor Ezzy Ashcraft stated the guidelines are set forth by the State Department of
Agriculture and the Great Plates program; the criteria is similar in requiring fresh fruits,
vegetables and excluding sugary drinks; there are nutritional requirements for the
program.
The Economic and Community Services Manager stated the program started in the
middle of winter, indicating the need for hot meals.
Councilmember Herrera Spencer stated fresh fruits and vegetables can be included in
salads without being heated.
Councilmember Herrera Spencer moved adoption of the resolution, with the addition of
the restaurant that serves cold meals as long as the nutritional requirements are
satisfied.
Mayor Ezzy Ashcraft inquired whether the motion includes approval for any increase in
costs to provide the additional meals; questioned how many meals are being provided
at a time by restaurants.
The Economic and Community Services Manager responded 105 meals; stated the
amount has increased due to need.
Regular Meeting
Alameda City Council
September 7, 2021
9",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,18,"the matter is Council approval of funding for the program; now is the time to increase or
decrease funding for the program.
Mayor Ezzy Ashcraft noted the program is coming to its conclusion.
Vice Mayor Vella stated an increase in funds does not necessarily mean a change to
the program requirements; side direction to have the matter return to Council needs to
be provided; inquired whether the allocation of funds can be returned if the need arises
and whether the timeline has passed in order for staff to make changes to the program.
Regular Meeting
Alameda City Council
September 7, 2021
10",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,19,"Mayor Ezzy Ashcraft inquired whether the change from hot to cold meals requires some
sort of permission from Council.
The Economic and Community Services Manager responded the change can be
discretionary; stated the increase falls under the City Manager's spending limit; the City
Manager can give direction for staff to follow up based on the concerns raised by
Council; if Council increases the budget to include an additional $2,625 for a program
total of $26,250, the matter can be settled.
Since there was no second to Councilmember Herrera Spencer's motion, Vice Mayor
Vella moved approval of adding the $2,625 to the program total [including adoption of
the resolution].
Councilmember Knox White seconded the motion.
Under discussion, Councilmember Knox White inquired the restaurant being added to
the program, to which the Economic and Community Services Manager responded
Jay's Coffee and Tea.
Vice Mayor Vella stated that she would like staff to return to Council if direction for
program changes are needed.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: Ayes; Knox White: Aye; Vella: Aye;
and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*21-545) Resolution No. 15806, ""Amending Resolution No. 12121 Setting the Order of
Business for Continued Items of City of Alameda City Council Meetings."" Adopted.
(*21-546) Resolution No. 15807, ""Amending the Management and Confidential
Employees Association (MCEA) Salary Schedule to Add the Classification of Principal
Financial Analyst; Amending the Alameda City Employees Association (ACEA) Salary
Schedule to Retitle the Traffic Signal Maintenance Technician to Traffic Signal/Pump
Station Maintenance Technician; Upgrading One Senior Management Analyst to
Principal Financial Analyst; Upgrading One Public Works Maintenance Foreperson to
Traffic Signal/Pump Station Maintenance Technician; and Upgrading one Economic and
Community Services Manager to Development Services Division Manager, Effective
September 12, 2021."" Adopted.
Note: Councilmember Herrera Spencer recorded a no vote, so the item carried by the
following vote: Ayes: Councilmembers Daysog, Knox White, Vella and Mayor Ezzy
Ashcraft - 4. Noes: Councilmember Herrera Spencer - 1.
(*21-547) Resolution No. 15808, ""Continuing the Declaration of the Existence of a Local
Emergency in Response to the COVID-19 Pandemic, Consistent with Government
Regular Meeting
Alameda City Council
September 7, 2021
11",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,20,"Code Section 8630(c). Adopted.
Note: Councilmember Herrera Spencer recorded a no vote, so the item carried by the
following vote: Ayes: Councilmembers Daysog, Knox White, Vella and Mayor Ezzy
Ashcraft - 4. Noes: Councilmember Herrera Spencer - 1.
(21-548) Resolution No. 15809, ""Authorizing the Issuance of City of Alameda
Community Facilities District (CFD) No. 13-1 (Alameda Landing Public Improvements)
2021 Special Tax Subordinate Bonds in an Amount Not to Exceed $24,585,000, and
Approve Related Documents and Actions."" Adopted.
Councilmember Knox White moved approval of the staff recommendation.
Councilmember Daysog seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella:
Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(*21-549) Ordinance No. 3303, ""Amending the Alameda Municipal Code by Amending
Chapter 30 (Zoning Ordinance) to Modify Public Art Requirements, as Recommended
by the Planning Board."" Finally passed.
REGULAR AGENDA ITEMS
(21-550) Resolution No. 15810, ""Appointing Robert Ferguson as a Member of the Public
Art Commission."" Adopted;
(21-550 A) Resolution No. 15811, ""Appointing Jennifer Hoffecker as a Member of the
Public Art Commission."" Adopted; and
(21-550 B) Resolution No. 15812, ""Appointing Peter Platzgummer as a Member of the
Public Art Commission."" Adopted.
Vice Mayor Vella moved adoption of the resolutions.
Councilmember Knox White seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella:
Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
Ms. Hoffecker and Mr. Platzgummer made brief comments and the City Clerk
administered the Oath of the Office.
***
Mayor Ezzy Ashcraft called a recess at 9:02 p.m. and reconvened the meeting at 9:18
p.m.
***
(21-551) Public Hearing to Consider a Call for Review of the Planning Board's Final
Regular Meeting
Alameda City Council
September 7, 2021
12",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,21,"Decisions at the July 26, 2021 Meeting to Approve (1) Design Review Application No.
PLN21-0077 for an Approximately 29,810-square-foot Medical Respite Facility at 1245
McKay Avenue and (2) Draft Meeting Minutes from the June 14, 2021 Planning Board
Meeting; and
(21-551A) Resolution No. 15813, ""Approving Design Review Application No. PLN21-
-
0077 to Allow the Construction of an Approximately 29,810-Square-Foot Medical
Respite Facility at 1245 McKay Avenue. Adopted.
Stated that she is outraged about the calculated targeting of the Wellness Center
project; she understands a small matter related to the Zoom meeting will be brought up;
the call for review is morally wrong and will cost the City another $5,000; the attempt to
stall the project is inane: Marilyn Rothman, Alameda.
Stated it is evident that the Planning Board meeting agenda listed a non-functioning
telephone identification (ID) number; the incorrect number precluded full public
participation; public participation is protected under State laws; outlined alterations to
the agenda, meeting ID and the Ralph M. Brown Act; stated the public shall not be
required to register as a condition of attendance; urged Council to direct the Planning
Board meeting be re-agenized: Carmen Reid, Alameda.
Discussed the project facility being detailed as reuse versus demolished; outlined
financial incentives for demolition, development fees and construction costs; stated new
construction costs are more than reuse costs; expressed concern over tax payer dollars
going towards a County facility and the future sale of buildings; stated future owners of
the facility will not have an obligation to provide homeless services; expressed concern
about public land being in private hands providing only temporary homeless services;
discussed conflict of interests and Alameda veterans' priority at the facility; stated a
significant portion of the site is in the tsunami zone; asbestos removal will be time
consuming and costly; destruction of historic structures will delay construction; the
facility can be built faster in another location: Harvey Rosenthal, Alameda.
Stated the people of Alameda voted to approve the Wellness Center a long time ago;
the delays are shameful and need to stop: Jennifer Taggart, Alameda.
Stated there is a flaw in the noticing; the issue is complicated and controversial; people
are asking for a remedy and for the meeting to be rescheduled; expressed support for
those requesting that the meeting be re-heard to allow those that were not given the
chance to speak the opportunity to do so: Apple Strudel, Alameda.
Stated the matter is an obvious delay tactic; the approach is cruel; members of the
public have had many opportunities to weigh in on the matter including the vote to pass
Measure A; the Wellness Center will eventually be built; discussed deaths due to project
delays: Josh Geyer, Alameda.
Stated his comment is his 18th appearance before the City Council, a Board or a
Regular Meeting
Alameda City Council
September 7, 2021
13",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,22,"Commission to discuss the Wellness Center; the decision is easy; Council cannot claim
a meeting was not properly noticed and only impacted one item on the agenda; the
numerous letters and comments received from the public speak volumes about the
attempt to deny services for unhoused neighbors; it is irresponsible to force the costs of
a call for review onto taxpayers instead of the appellants; announced that he has signed
a lease extension with the United States Department of Health and Human Services
(HHS) which will take the project through financing and conveyance; urged the delays
be stopped; stated the project has support at the federal level; urged Council to work
with him to create a center of excellence: Doug Biggs, Alameda Point Collaborative.
Stated the matter is not a complicated issue; the City does not need to re-litigate every
delay tactic and obstruction to the project; the matter has been voted on and debated;
urged Council to do its job and let the Wellness Center happen; stated delays present
more harm to the community: Jenice Anderson, Alameda.
Discussed a letter from Yes in my Backyard (YIMBY) law; stated Council could be
violating the five cap limit on having public meetings concerning related matters: Zac
Bowling, Alameda.
Vice Mayor moved approval of upholding the Planning Board decision.
Councilmember Knox White seconded the motion.
Under discussion, Councilmember Knox White stated the matter is a de novo hearing;
Council is re-hearing the matter which has been noticed accordingly; the matter is an
opportunity for anyone that had been unable to attend the Planning Board meeting, to
raise any concerns; he would like to hear reasons for the incorrect noticing of the
meeting only affecting specific items.
Councilmember Daysog stated there are residents supportive of the proposed facility;
he understands the necessity of the facility; there is a clear indication of support for the
facility; facilities coming to fruition requires a process and democracy in which residents
are made aware of and able to participate in actions; the core is a necessity of making
information available about upcoming meetings; the notices must have the proper
information that allows people to participate; a mistake in the noticing of the agenda
precluded participation for some members of the public; he joined Councilmember
Herrera Spencer in ensuring a re-publishing of the agenda to allow full participation; the
Planning Board meeting included other matters on the agenda, which were designated
as time-sensitive and not included in the Call for Review; the Wellness Center matter
could be delayed without changing the substance of the matter; the delay is not an
attempt to stop the project; he believes the matter has been settled by the people in the
recent vote of Measure A; the people are supportive of the project; expressed concern
about the topic of reuse versus demolition; noted that he voted against demolition of the
facility site; state the City should go forth with one more step in re-agendizing the matter
for public input; tonight is an opportunity for the public to weigh-in on the matter.
Regular Meeting
Alameda City Council
September 7, 2021
14",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,23,"Councilmember Herrera Spencer stated the two items on the Planning Board agenda
were Consent Calendar items; noted the Penumbra matter did not received any
comment and was set to close the following day; the matter related to noise had
multiple hearings; the Wellness Center design review was the first and only hearing
related to design; she listened to the Planning Board meeting in real-time; a caller
indicated difficulty with the phone number listing error; the phone number error was
raised during the meeting; the Planning Board Chair noted all comments must be
related to design only; the matter is important to the community; the City has allowed
phone participation and has created agendas with the correct meeting ID for phone
participants; expressed support for open government and democracy; stated it is critical
for agendas to include the correct meeting ID to hear from public phone participants; it
is wrong not to have the correct meeting ID included on the agenda; phone participants
experienced problems trying to call-in.
Mayor Ezzy Ashcraft inquired whether the importance of open government and
democracy does not apply across the board.
Councilmember Herrera Spencer responded there is some discretion for Council to
allow the movement and progress of items; stated a delay would have resulted in the
hold up of a sale or transfer of property, which had received zero feedback from the
community in advance or during the meeting.
Mayor Ezzy Ashcraft inquired how one would know whether or not a member of the
public had tried to comment on the matters pulled from the Call for Review due to
dialing the incorrect number.
Councilmember Herrera Spencer responded there has been zero communication
received to-date of someone attempting to call-in on either of the items pulled from the
Call for Review.
Mayor Ezzy Ashcraft stated that her understanding from the correspondence attached
to the matter is that the two items had been pulled based on requests submitted from
proponents.
Councilmember Knox White stated that he does not buy the reasoning; there cannot be
the suggestion of a problem with one matter but not others; the matter is a clear,
targeted Call for Review; the matter is unfortunate and shameful; Council has heard a
lot of concerns about abuse of rules in open government complaints; noted people who
had issues accessing the Planning Board meeting have not called; the only complaint
received was from a caller who had an issue with the first meeting ID; the caller called in
a second time, broke protocol for engagement in public meetings and continued to
comment after speaking time h; the precedent being set is problematic; expressed
support for providing direction to staff to have discussions about when Calls for Review
are appropriate; the decision of the Planning Board is not part of the Call for Review; the
issue should have been filed as an open government complaint, not a Call for Review;
comments at this meeting are from the same participants at the Planning Board
Regular Meeting
Alameda City Council
September 7, 2021
15",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,24,"meeting; meetings are not being completed due to larding up a political show and tell;
he is frustrated and has worked hard to help move unsupported matters along in the
agenda; expressed concern about wasting time; stated there have been 18 hearings on
the project; the design for the project has not been addressed in any comments; it is
time to let projects, which conceptually have had support from voters, move forward.
Mayor Ezzy Ashcraft stated that she would like Council to direct the City Attorney's
office to work with Planning Department staff to consider limiting appeals on projects
which address homelessness; Council will never accomplish what is needed as a City to
address homelessness if there continues the approval process continues to be
stretched for projects; expressed support for comments indicating a calculated targeting
to stall the Wellness Center project again, which is morally wrong and costly; there is no
other reason the other two matters were pulled from the Call for Review and not the
Wellness Center; she would like City staff to look into whether the issue of design
review decisions should be appealable to the City Council; design review decisions
being appealable to City Council is not universal among cities; outlined a League of
California Cities Statewide Policy Committee meeting tour of Corsair Flats; noted some
of the veterans housed in the units had been on the street for ten years; some people
live and die on the street in the same period of time; it is morally wrong to throw
specious roadblocks in the way to appease a few disgruntled community members that
cannot get over the fact that the project has been approved time and time again;
ensuring the delay does not happen again will take some redesigning of process.
Councilmember Daysog stated the core of the issue and reason for Councilmember
Herrera Spencer and himself to bring the matter forth is not to target the facility, but due
to a mistake in the agendizing of the matter and the wrong telephone number being
listed; he does not know how many people might have called and decided not to follow
through due to the incorrect number; it is imperative that projects with high stakes have
City Hall to get the low hanging fruit correct; he believes that he is right to point the error
out and Call for Review; expressed support for seeing the facility moving forward; stated
the City must meet the minimum standards of getting information out correctly for a full
discussion and for democracy to work; expressed support for the enthusiasm the project
garners and for seeing the project built; stated the other items on the Planning Board
agenda were time sensitive and had to be reasonably decided not to be included in the
Call for Review; the matter is settled and the project will move forward.
Vice Mayor Vella stated shame on Council for having many hearings on the same
project and not streamlining the process; the project is in her backyard and she is proud
; all should be proud for the project which has currently withstood 18 public hearings;
expressed support for Mayor Ezzy Ashcraft's comments related to looking at the City's
process and whether Calls for Review should be allowed or permitted for design review;
Council needs to get back to business; the project has been decided and has overcome
a lot of hurdles; the project is not high stakes; Council has made the project much more
difficult than it needs to be; she disagrees with her colleagues that time is not of the
essence for the project; the City does not have services for the most vulnerable
community members and does not have adequate housing with end of life care; said
Regular Meeting
Alameda City Council
September 7, 2021
16",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,25,"services will be provided by the Wellness Center; Council needs to not be the ones
causing issues relative to the project moving forward; arguments that have been made
for exempting other matters do not stand muster; other matters of particular concern on
the agenda need to be discussed; she hopes the Call for Review is the last political
stunts to try and stop or impede forward movement on the Wellness Center.
Councilmember Herrera Spencer stated that she disagrees with the comments made
about Councilmember Daysog and herself by her colleagues; she believes the matter is
appropriate to bring forth; the personal attacks against Councilmember Daysog and
herself from fellow Councilmembers are unfortunate; changes to the rules can come
before Council; Councilmembers currently have the ability to submit Calls for Review; it
is critical that phone numbers and the ability to participate in meetings is properly
noticed.
Mayor Ezzy Ashcraft expressed support for making changes in the rules; stated
direction has been given to staff to look into possible changes.
The Assistant City Attorney inquired whether two separate motions would be desired by
Council; one to approve the minutes and one to approve the resolution.
Vice Mayor Vella and Councilmember Knox White agreed to bifurcate the motion to
approve the minutes separate from the project and resolution.
On the call for the question regarding the minutes, the motion carried by the following
roll call vote: Councilmembers Daysog: Abstain; Herrera Spencer: Aye; Knox White:
Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Abstentions: 1.
On the call for the question regarding the project and resolution, the motion carried by
the following roll call vote: Councilmembers Daysog: Abstain; Herrera Spencer: No;
Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 3. Noes: 1.
Abstentions: 1.
(21-552) Recommendation to Provide Further Direction to Staff Regarding the
Allocation of $28.68 Million of Funding from the Federal Government Through the
American Rescue Plan Act of 2021 to Assist with Recovery from the Impacts of the
COVID-19 Pandemic.
The Senior Management Analyst gave a Power Point presentation.
Councilmember Daysog expressed support for City staff guiding Council through the
process; stated it is not every day that the Federal Government drops any amount of
money, let alone $28 million divided into two different tranches; expressed support for
the staff recommendation for the use of $15 million toward the ground-up build of the
hotel acquisition; stated the City has made incredible headway with regard to
implementing national leading homelessness prevention programs in Alameda; he sees
the possibility of building a new facility with the assistance of $15 million as continuing
Regular Meeting
Alameda City Council
September 7, 2021
17",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,26,"wireless hotspots for years in order to help people who do not have internet access;
Regular Meeting
Alameda City Council
September 7, 2021
18",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,27,"COVID-19 has shown how important it is for families to have internet access; since
people are not able to participate at meetings in person, wireless hotspots continue to
be an important need; schools have tried to step up; however, not every family has
children attending schools offering assistance and not every family has children; seniors
have especially been left out during COVID-19; expressed concern about the hotel
acquisition; stated the hotel is a revenue generating asset which produces Transient
Occupancy Tax (TOT) for the City and is one of the few hotels in the City; TOT is
important to the City; the hotel is operating and generating revenue for the City; she has
concerns about removing one of the few hotels that produces a higher level of tax
dollars for the City as opposed to looking at other ways of housing those who are
unhoused and in need of transitional housing; taking away tax revenue defeats the
purpose; the City needs income in order to be able to provide services; she is not sure
the bottle parcel is the best use; she would like more information related to the fastest
timeline to provide housing; the AHA housing proposals could very well be the quickest
to get online; the AHA proposal will likely be the most effective use of any dollars and
meet the needs as opposed to the City working alone without the AHA; expressed
support for continuing the Feed Alameda program.
Mayor Ezzy Ashcraft stated that she strongly objects to any expenditure to AHA at this
time; she would like more information including how much ARPA money AHA has
received and why AHA would need the City's ARPA funding; there has been reference
to the possibility of AHA completing the North Housing project sooner if the City
provides ARPA funding; however, the North Housing project was conceived without
ARPA funding; she does not know whether the intent is for AHA to get cheaper money
due to zero finance charge from the City; if the funding is needed as supplemental
funds, the funding would become a loan; she strongly agrees with Vice Mayor Vella that
a community housing trust is something many cities have done; the trust allows the City
to purchase properties; the AHA accomplished one transactions recently; however, AHA
can find an apartment building for sale and guarantee a certain number of units will
remain affordable for a certain amount of time; there is no reason the City cannot do the
same; expressed support for the City working with a partner; expressed concern about
eviction protections offered by AHA; outlined AHA eviction cases; stated AHA has not
helped find alternative housing for some; she feels as though there are complexities
associated with AHA; there are enough important matters requiring funding from the first
tranche in Option 1 ; expressed support for not extending funds without safeguards in
place for AHA at this time, for allocating some ARPA funds to Alameda Sun as a
business which has been impacted by COVID-19 and for transitional housing; outlined
the supportive transitional housing program; inquired whether the location for the
program is the bottle parcel or an alternate location.
The Assistant City Manager responded the location could be the bottle parcel; stated
the idea is to put up temporary housing which can be put up quickly for fast services;
the site can move around; the bottle parcel is ideal as a location.
Mayor Ezzy Ashcraft outlined a visit to a transitional housing development in the City of
Mountain View; stated the units look like containers, are insulated and have Heating,
Regular Meeting
Alameda City Council
September 7, 2021
19",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,28,"Ventilation and Air Conditioning (HVAC) systems; family housing is combined in
separate ends of the development; there is need for unites for single adults and for
couples; the Carnegie Library is not ideal for transitional housing; the ideal location for
transitional housing would include a little outdoor space; the Carnegie Library might be
better as a navigation center; expressed support for allocating money for transitional
housing; stated the bottle parcel is a great location and is close to many services; every
transitional housing unit must have its own bathroom as a matter of human dignity;
adding a bathroom does not indicate the addition of a kitchenette; staff is in the process
of working with people from the Marina Village Inn; the Marina Village Inn had not been
doing well related to TOT revenue generation; the owner of the Marina Village Inn was
willing to sign up for the Project Room Key program, which helped guarantee income
that did not produce TOT; price and terms must be negotiated; expressed support for
Option 1 and for UBI; stated the City might be able to utilize State grant money for UBI;
outlined a program called Keep Oakland Housed and a federal funding program; stated
calling 2-1-1 will provide information on how to apply for funding; Council may want to
set aside money in a fund in order to help keep people from falling through the cracks.
Councilmember Herrera Spencer stated a Board of Commissioners appointed by the
Council has oversight over AHA; the AHA holds Board meetings; she is disheartened to
hear complaints raised about the AHA's services; the public is welcome to attend AHA
meetings and report to Council; she does not know the extenuating circumstances for
specific cases; however, AHA serves many people; expressed support for AHA.
Mayor Ezzy Ashcraft inquired whether a Council vote is needed or whether direction to
staff is sufficient, to which the Assistant City Manager responded direction to staff.
Mayor Ezzy Ashcraft stated majority of Council is in support of Option 1 with the
enhancements of keeping Alameda housed and a community land trust.
Councilmember Knox White stated that he is losing interest in the Marina Village Inn
option for transitional housing; he is interested in looking at the bottle parcel option; he
would like to look at providing water and sewer infrastructure support options for the
Rebuilding the Existing Supportive Housing at Alameda Point (RESHAP).
(21-553) Adoption of Resolution Approving a Revision to the Public Safety Retiree
Medical Provision in the Executive Management Compensation Plan to Provide Up To
Five Years of Service Credit for Time Served as a Chief, Assistant Chief and/or Deputy
Chief in Another Agency. Not adopted.
The Human Resources Director gave a brief presentation.
Councilmember Herrera Spencer requested clarification; inquired whether the benefit is
for lifetime medical coverage.
The Human Resources Director responded the coverage is a single party lifetime
medical benefit; stated the employee will transition to a Medicare supplement plan at
Regular Meeting
Alameda City Council
September 7, 2021
20",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,29,"some point.
Councilmember Herrera Spencer inquired whether the benefit is offered to all
employees of the City of Alameda, to which the Human Resources Director responded
the benefit has been negotiated and offered to Public Safety employees.
Councilmember Herrera Spencer stated that she has concerns about the proposal at
the policy level; bringing outside people in for the highest level positions, which works
for other agencies, chips away and somehow reduces the benefit of long-term
employees; the lifetime medical benefit is only offered to public safety and is extremely
expensive; there is a significant amount of other post-employment benefits (OPEB),
which the medical coverage falls under; she will not be supporting the matter; most
people do not receive lifetime medical benefits; continuing to lower the bar of who the
benefit is offered to is a problem.
Councilmember Daysog stated that he can understand making changes for the head
positions; he is not convinced the changes should be for the Assistant or Deputy
positions; the City should be encouraging people to grow through the ranks, rather than
slotting people from outside into the higher positions; he understands why the packages
are needed in order to recruit for top positions.
Mayor Ezzy Ashcraft inquired whether the matter is for the Fire Chief.
The Human Resources Director responded in the affirmative; stated the matter provides
service credit for someone being hired at the top position; the benefit only applies to
someone coming from the outside to be the Fire or Police Chief in order to provide
credit for time served in another agency as an Assistant or Deputy.
Mayor Ezzy Ashcraft stated the position would need to be equivalent, not lateral and is
a move up in position.
The City Manager stated the resolution needs to be changed in order to reflect the
recommendation of the credit only being provided if the employee had a similar type of
benefits from another agency; the City Manager recommendation includes the
employee only receiving credit if they had retiree health benefits in another organization.
Councilmember Daysog expressed support for the matter due to the clarification
provided by staff.
Councilmember Knox White moved approval of adoption of the resolution.
The motion failed due to a lack of second.
Councilmember Daysog expressed support for approving the matter with a sunset after
five years.
Regular Meeting
Alameda City Council
September 7, 2021
21",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,30,"Mayor Ezzy Ashcraft requested clarification about the proposed sunset.
Councilmember Daysog stated the resolution would be adopted; however, a sunset
clause would be included in order to re-visit the matter in five years to determine
whether or not it should continue.
Councilmember Knox White inquired whether the proposed addition includes continuing
what has historically been done for each new Chief; stated the City has essentially
given each new Chief who has come from the outside over the last 10 to 15 years the
same benefit; the benefit is not new; expressed support for a timeline being added if the
addition result in a vote.
Councilmember Daysog expressed support for sunset clause.
Mayor Ezzy Ashcraft questioned how many Chiefs from the outside have been hired in
the City over the last 10 to 15 years; stated the City recently hired a Fire Chief from an
outside agency; other Fire Chiefs have all come from within Alameda Fire Department
(AFD); the last three Police Chiefs prior to the current Police Chief have all come from
Alameda Police Department (APD).
Councilmember Knox White stated the external candidates that have come in have
been offered the benefit due to the problem of hiring from outside agencies and losing a
major benefit; expressed support for having a wide pool of candidates.
Councilmember Herrera Spencer expressed support for the breakdown of promotions
within the Fire and Police Departments; stated the policy is not that old; the City has not
often had candidates from other organizations.
Vice Mayor Vella stated the City has still had applicants despite the existing policy in
place; top candidates have still accepted the position; expressed concern about having
a policy if people arrive from other agencies and immediately negotiate; there have
been calls to limit or de-fund some positions and the expenditure is significant;
expressed support for a discussion relative to the City budget; stated that she is
concerned about existing negotiations with units; she would like to take into account the
executive compensation being applied to top positions relative to line staff; she will not
be supporting the matter.
Councilmember Daysog stated that he would like a time limit on the matter due to a
historic growing through the ranks for positions; he is confident in the pipeline created;
outlined previous Police and Fire Chiefs moving through the ranks from within the
organization; stated that he understands the idea of encouraging people to come to the
organization from outside; he is biased towards the system which is in place; he is
willing to experiment if it makes for good staff, such as the incoming Fire Chief;
however, a time limit should be placed in order to revisit the matter.
Mayor Ezzy Ashcraft stated the benefit is not a condition of the prospective Fire Chief's
Regular Meeting
Alameda City Council
September 7, 2021
22",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,31,"employment; the benefit is being added on; she understands the service credit in the
department; expressed support for AFD; stated Firefighters are breathing harmful and
unhealthy air and deserve lifetime medical benefits; she can justify the service credit for
those working in AFD; however, she has a difficult time seeing the credit applied to
someone coming in from the outside; the City will have to grapple with how to pay its
unfunded OPEB liabilities.
Councilmember Daysog stated the time limit allows the City to experiment.
Councilmember Daysog moved adoption of resolution, with a caveat to have it sunset in
five years.
Councilmember Knox White seconded the motion.
Under discussion, the City Manager stated that he recommends the motion be
consistent with the staff recommendation to amend the resolution to indicate the
benefits are only for similar benefits held at a previous organization, and will not exceed
said previous benefits.
Councilmembers Daysog and Knox White accepted the recommendation as an
amendment to the motion.
Councilmember Herrera Spencer expressed support for training first responders in
order to allow for promotions; stated the City has historically tried to promote from
within; she will not be supporting the matter due to being concerned about the policy.
On the call for the question, the motion failed by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: No; and
Mayor Ezzy Ashcraft: No. Ayes: 2. Noes: 3.
(21-554) Introduction of Ordinance Authorizing the City Manager to Execute a Second
Amendment to the Lease with Dreyfuss Capital Partners, a California Limited Liability
Company to Extend the Term for Five Years for Building 29, Located at 1701 Monarch
Street, at Alameda Point. Introduced.
The Management Analyst gave a brief presentation.
The City Attorney stated the title of the matter reads five years; the substance of the
staff recommendation is for 4 years and 11 months; he would like to clearly reflect that
the Council action will be for a 4 years and 11 month extension, not five years.
Mayor Ezzy Ashcraft noted the title of the ordinance will need to be changed as well.
Councilmember Herrera Spencer moved introduction of the corrected ordinance.
Councilmember Knox White seconded the motion.
Regular Meeting
Alameda City Council
September 7, 2021
23",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,32,"Under discussion, Councilmember Knox White stated plans do not require the removal
of the building for DePave Park; noted the building exists on the maps for DePave Park;
he would like to clarify that no decision has been made that the building will go away.
(21-555) Mayor Ezzy Ashcraft stated a motion is needed to consider new items after
11:00 p.m.; stated that she is willing to continue the meeting until 12:00 a.m.
Councilmember Herrera Spencer expressed support for continuing the meeting in order
to hear the Small Size Big Minds lease [paragraph no. 21- 1 and the contract for Legal
Notices [paragraph no. 21- ; however, she would not like to include the water
conservation measures [paragraph no. 21- 1 in the discussion; stated the matter is not
time sensitive and could take a while to hear; expressed support for continuing all
Council Referrals to the next meeting.
Mayor Ezzy Ashcraft stated that she will not support a motion that does not finish the
regular agenda items.
Councilmember Knox White moved approval of Council working through as much of the
agenda, in order until 12:00 a.m.
Vice Mayor Vella seconded the motion, which carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(21-556) Introduction of Ordinance Authorizing the City Manager to Execute a Second
Amendment to the Lease with Small Size Big Mind, Inc., a California Corporation,
Substantially in the Form of Exhibit 4, to Extend the Term for One Year with One 12-
Month Extension Option for Building 35, Located at 2450 Pan Am Way in the Main
Street Neighborhood at Alameda Point. Introduced.
The Management Analyst gave a brief presentation.
Councilmember Herrera Spencer moved introduction of the ordinance.
Councilmember Knox White seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella:
Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
(21-557) Recommendation to Implement Water Conservation Measures in Response to
Regular Meeting
Alameda City Council
September 7, 2021
24",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,33,"Drought and Provide Direction on Further City of Alameda Water Reduction Efforts.
The Public Works Director gave a Power Point presentation.
(21-558) Mayor Ezzy Ashcraft moved approval of providing an additional minute for the
presentation.
Councilmember Knox White seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella:
Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5.
The Public Works Director completed the presentation.
Councilmember Herrera Spencer inquired how many projects are needed to qualify for
the $15,000 rebate from East Bay Municipal Utilities District (EBMUD).
The Public Works Director responded each individual meter onsite is eligible for the
$15,000 rebate; staff can pursue all nine sites; the rebate is currently only valid through
the end of the calendar year; she does not know whether EBMUD will be extending the
program.
Councilmember Herrera Spencer inquired whether the projects have to be completed by
the end of the calendar year.
The Public Works Director responded that she has not been able to get clarification
from EBMUD.
Mayor Ezzy Ashcraft stated that she will forward information from the EBMUD Manager
of Water Conservation; she hopes an application submitted by the end of the year will
suffice.
Councilmember Herrera Spencer inquired where the $2.3 million will come from, to
which the Public Works Director responded staff is currently looking at the General
Fund.
Councilmember Herrera Spencer inquired whether the matter will be placed ahead of
other requests for General Fund.
The Public Works Director responded the matter of funding is up for discussion; stated
staff is recommending Council input on a standalone budget item; Council can consider
waiting until mid-year in order to consider multiple budget requests; the process is
imperfect; staff is seeking direction on whether to move forward with the matter and
return with a standalone budget amendment.
Regular Meeting
Alameda City Council
September 7, 2021
25",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,34,"Councilmember Herrera Spencer expressed support for the information related to
savings and changes; stated that she supports the smart irrigation at $100,000, which
pays for itself in a short amount of time; she has concerns over the $2.3 million budget
request.
Councilmember Daysog inquired the location of the 36,000 square feet of lawn being
replaced at Washington Park.
The Recreation and Parks Director responded the area is a smattering of smaller
locations; stated the areas are landscaped areas not generally used by the public; small
areas near the front by the park sign, on Central Avenue, lower Washington near the
tennis courts and a mix of other decorative areas, which are mostly close to the street.
Councilmember Daysog inquired whether the reason Lincoln and Franklin Parks are not
included in the installation of rain sensitive smart irrigation clocks is due to already
having the existing technology.
The Recreation and Parks Director responded in the affirmative; stated any parks not
listed for the rain sensitive clocks already have the clocks installed; staff has tried to
install a couple clocks each year in various parks.
Vice Mayor Vella stated that she wants to make sure any vote or discussion related to
Washington Park occurs separately in order to allow for her recusal; she is happy to see
the matter come forward; the City has gone through several droughts in her time as
Councilmember; it is important for the City to do its part; expressed support for the City
Hall proposal; stated there is an opportunity for the City to do its part and lead by
example; the money is out there and the City has a lot it can do; she would like to
ensure the City is taking on only things that it can handle and not over-exerting itself in
order to meet the end-of-year deadline; the issue will be ongoing; she is sure funding
will continue; expressed support.
Councilmember Knox White inquired the reason for waiting on the matter until now;
stated Council about the drought in March; the drought will be continuing; expressed
support for performing significant long-term changes, such as swapping out lawns for
drought tolerant gardens and for the life cycle recoup numbers; stated the City needs to
save water; the earlier the City can perform the measures to do so, the better; City staff
has their hands full with many matters; expressed support for a meaningful timeline and
finding the funds to perform the proposed measures; stated the matter would be a good
use for one-time funds; expressed support for doing as much as possible, as fast as
possible without causing harm.
Mayor Ezzy Ashcraft stated that she is in agreement with Councilmember Knox White
and Vice Mayor Vella; the time is now; the matter did not come to Council sooner due to
long agendas; she hopes the work put into identifying projects goes a long way in
completing the EBMUD application; the City needs to do all it can; expressed support
for the City Hall lawn conversion to drought friendly landscaping; stated the landscaping
Regular Meeting
Alameda City Council
September 7, 2021
26",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,35,"can be attractive and will be a great example; it is important for the City to practice what
it preaches; the City should be voluntarily conserving water; she supports the City
Manager's recommendation; inquired how much input the Historic Advisory Board
(HAB) should have in putting in drought-friendly landscaping; stated that she is having
trouble understanding the need for input from HAB if staff is running up against a
deadline to apply for funds; she understands landscaping can be part of a historic
property's character; expressed concern over delays since it is a time-sensitive matter.
The Public Works Director responded that she has consulted with HAB staff in the
Planning, Building and Transportation Department; stated staff recommended the
matter be heard by HAB; staff would like more direction on whether Council desires one
or many sites to be selected; there is value in hiring a single design contractor to design
multiple sites and provide the same EBMUD application; staff can move forward with
the design and return to Council to appropriate funds for design; by the construction is
ready to move forward, staff can return to Council by mid-year for approval of
construction on all or some sites.
Mayor Ezzy Ashcraft inquired whether the proposed approach allows staff to still apply
for the $15,000 per project.
The Public Works Director responded staff will have to work with EBMUD partners;
should staff have designs and applications in by the end of the rebate, EBMUD will
likely be able to work with the City.
Mayor Ezzy Ashcraft expressed support for more information being provided in relation
to the role played by HAB in the matter; inquired whether a vote from Council is needed
or whether direction to staff is sufficient.
The Public Works Director responded direction to staff is sufficient; stated staff will
move forward with the design for the lawn conversions; inquired whether
Councilmembers are on board for the smart irrigation products as well; stated the
products will include a budget amendment in order to appropriate the funding; staff will
include the budget amendment at the time the matter returns to Council.
The City Manager inquired whether the lawn conversions include all listed sites or only
design of 2 to 3 projects.
Mayor Ezzy Ashcraft responded that she supports the City Hall and City Hall West lawn
conversions.
Councilmember Knox White expressed support for moving forward with all listed sites,
including having a timeline put together; stated staff can identify the sites; the City Hall
site makes sense.
Councilmember Herrera Spencer inquired whether renting near a considered project
site is grounds for recusal on the matter, to which the City Attorney responded in the
Regular Meeting
Alameda City Council
September 7, 2021
27",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,36,"Alameda Sun.
The City Clerk and the Economic Development and Community Services Manager gave
a brief presentation.
In response to Mayor Ezzy Ashcraft's inquiry, the Economic and Community Services
Manager stated qualified businesses could have received $7,500 from one grant or
another and staff evaluates the application in order to determine qualification.
Mayor Ezzy Ashcraft inquired whether applicants were able to receive funds from either
grant source or both, to which the Economic and Community Services Manager
responded only one.
Mayor Ezzy Ashcraft inquired whether the Alameda Sun has been able to receive funds
from the State or federal government, to which the Economic and Community Services
Manager responded in the affirmative; stated the Alameda Sun received Paycheck
Regular Meeting
Alameda City Council
September 7, 2021
28",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,37,"Protection Plan (PPP) funds.
Urged Council reconsider the prior vote and award the contract for the publication of
legal notices to the Alameda Sun; stated the Alameda Sun is locally-owned and
operated and is a vital part of the community; outlined the Alameda spelling bee, which
is sponsored by the Alameda Sun; stated the Alameda Sun is engaged and active
within the City in ways which go beyond other publications; the Alameda Sun provides
an outlet for City government and is the most important outlet for informing Alamedans
about news; urged Council find other ways to financially support the Alameda Sun:
Chuck Kapelke, Alameda.
Councilmember Daysog expressed support for Council immediately considering
reversing the previous decision.
Councilmember Daysog moved approval of terminating the contract with the Alameda
Journal and awarding the contract to the Alameda Sun and inviting the Alameda Sun to
obtain other sources of funding described in the three bullet points of the staff report,
with a cap of no more than an additional $19,200.
Councilmember Herrera Spencer seconded the motion.
Under discussion, Mayor Ezzy Ashcraft stated that she does not think the City should
terminate the contract with the Alameda Journal; Alameda Journal has a more
extensive circulation, which is important in providing legal notices; she does not want to
pit one small newspaper against another; expressed concern about any punitive stance
towards any newspaper; stated that she thinks the City can provide some forms of
financial assistance to the Alameda Sun, including ARPA funds; outlined funding
received by Alameda Sun; stated the ability to apply for the City's COVID-19 relief or
Alameda Strong funds was by lottery; the City has since expended the funds and will
need to find other sources; expressed support for following the first bullet listed in the
alternatives to keep the contract with the Alameda Journal and provide direction on
funding to assist the Alameda Sun in any of the listed forms, including the General
Fund, ARPA funds, placing ads for Restaurant Week and sponsoring a City section;
stated the City Attorney's office, Public Information Officer and Recreation and Parks
Department all offer informational pieces; she wants to see the City assist the Alameda
Sun; the question remains of the amount to provide; the contract is not price specific; an
estimate is provided based on publication average of $46,000 per year; the amount is
not guaranteed.
Councilmember Herrera Spencer expressed concern about the remaining meeting time;
stated a motion is on the floor; the matter of terminating the contract with the Alameda
Journal and awarding it to Alameda Sun is critical.
Mayor Ezzy Ashcraft outlined that she will be moving future pulled Consent Calendar
items to the end of the agenda in the future.
Regular Meeting
Alameda City Council
September 7, 2021
29",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,38,"Councilmember Knox White stated the matter is not related to two small, hometown
newspapers; the Alameda Journal is owned by a Denver hedge-fund with 100 papers
and 200 other publications nationwide; the Alameda Sun is a local newspaper;
expressed support for Alameda Sun; stated if Council wishes to continue running ads in
the Alameda Journal, the number in the original staff report listed $46,000 and Council
can commit to funding $46,000 for the Alameda Sun; he did not originally vote to move
the legal notices to the Alameda Journal; however, he can support a form of keeping
legal ads published in the Alameda Journal as well as providing funding for the Alameda
Sun; expressed support for the proposed motion.
Vice Mayor Vella expressed concern about circulation, which remains the point of legal
notices; stated that she would like to see a way to expand circulation for Alameda Sun;
expressed support for looking at other options relative to grants and advertising; stated
her position has not changed; both newspapers are not hometown papers; the desire to
provide aid to Alameda Sun is separate from the desire to provide adequate legal
notices; she does not support moving legal notices to the Alameda Sun in addition to
providing financial aid; expressed support for adding the options proposed by staff.
Mayor Ezzy Ashcraft inquired whether the matter should be bifurcated; stated that she
does not support awarding the contract to the Alameda Sun and providing financial aid;
questioned whether the City would eventually be the major funder of the Alameda Sun;
expressed concern about the concept of the City majorly funding the newspaper.
Councilmember Daysog stated the cleanest approach is to terminate the contract with
Alameda Journal and award the contract to the Alameda Sun without providing
additional funding to Alameda Sun; the contract provides funding; expressed support for
the use of one legal notice provider; expressed support for selecting the Alameda Sun
to provide legal notices.
Councilmember Daysog amended his motion to approve termination of the contract with
the Alameda Journal and awarding the contract to the Alameda Sun.
Mayor Ezzy Ashcraft stated the matter relates to supporting a local newspaper; inquired
whether the seconder of the motion is in agreement with the amended motion.
Councilmember Herrera Spencer seconded the amended motion.
On the call for the question, the motion carried by the following roll call vote:
Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and
Mayor Ezzy Ashcraft: Aye. Ayes: 5.
After the vote, Councilmember Knox White stated the reason for the matter is due to
City Charter requirement which is outdated and does not allow Council to utilize online
sources; questioned whether Council can provide direction to consider a 2022 general
election ballot measure to amend the City Charter section for legal notices.
Regular Meeting
Alameda City Council
September 7, 2021
30",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,39,"Mayor Ezzy Ashcraft noted the matter can be brought forth at a later time; stated the
consideration is a good point.
Vice Mayor Vella expressed support for providing broad direction to staff to figure out
whether there are alternatives for providing broader legal notices and the accompanying
details.
Mayor Ezzy Ashcraft expressed concern over a potential OGC complaint.
CITY MANAGER COMMUNICATIONS
(21-560) The City Manager announced that all three Alameda Libraries have resumed
full service hours and masks are required at all times; discussed a City vaccine
milestone; stated 80% of residents 12 years and older have been fully vaccinated and
92% of residents have received at least the first vaccine shot; stated drop-in vaccine
clinics are available.
ORAL COMMUNICATIONS, NON-AGENDA
None.
COUNCIL REFERRALS
(21-561) Resolution No. 15814, ""Supporting the Goal of Reaching 100% Zero Emission
Vehicle Sales in California by 2030."" Adopted. (Mayor Ezzy Ashcraft)
Mayor Ezzy Ashcraft gave a brief presentation.
Councilmember Herrera Spencer stated that she did not think the earlier motion to
continue the meeting past 11:00 p.m. included hearing Council Referrals.
Mayor Ezzy Ashcraft stated the motion from Councilmember Knox White included
continuing the meeting as agendized until 12:00 a.m.
Councilmember Knox White moved approval of the Council Referral, including adoption
of related resolution.
Councilmember Daysog seconded the motion, which carried by the following roll call
vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye;
and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1.
(21-562) Considering Having an Introduction and Update from the New Police Chief
regarding Strategies to Address Crimes. (Councilmember Herrera Spencer).
Councilmember Herrera Spencer moved approval of the Council Referral.
Regular Meeting
Alameda City Council
September 7, 2021
31",CityCouncil/2021-09-07.pdf
CityCouncil,2021-09-07,40,"Councilmember Daysog seconded the motion.
Under discussion, Mayor Ezzy Ashcraft inquired whether an upcoming agenda will
contain any related matters.
The City Manager responded the Police Chief is putting together a presentation for the
September 21st Council meeting.
Mayor Ezzy Ashcraft stated the time is now 12:00 a.m. and the meeting must be
adjourned.
(21-563) Considering Directing Staff to Provide an Update on License Plate Readers.
(Councilmember Herrera Spencer). Not heard.
(21-564) Consider Directing Staff to Publicly Share Information on Parking Recreational
Vehicles. (Councilmember Herrera Spencer). Not heard.
(21-565) Consider Directing Staff to Address Representation for Below Market Rate
Homeowners on Homeowner Association (HOA) Boards and with Property
Management. (Councilmember Herrera Spencer). Not heard.
(21-566) Consider Directing Staff to Support Removal of the US Navy Constraints
Limiting Housing Development at Alameda Point. (Councilmember Herrera Spencer and
Councilmember Daysog). Not heard.
(21-567) Consider Directing Staff to Address Identifying New Areas at Alameda Point to
Develop a Number of Housing Units Above the Originally-Agreed Upon Numbers of the
2023-2031 Regional Housing Needs Allocation (RHNA). (Councilmember Daysog). Not
heard.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
(21-568) There being no further business, Mayor Ezzy Ashcraft adjourned the meeting
at 12:03 a.m. in memory of Beth Aney and former Councilmember Barbara Thomas.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.
Regular Meeting
Alameda City Council
September 7, 2021
32",CityCouncil/2021-09-07.pdf