{"body": "CityCouncil", "date": "2018-12-18", "page": 1, "text": "MINUTES OF THE SPECIAL JOINT MEETING OF THE\nCITY COUNCIL AND SUCCESSOR AGENCY\nTO THE COMMUNITY IMPROVEMENT COMMISSION (SACIC)\nTUESDAY- -DECEMBER 18, 2018- 5:00 P.M.\nMayor/Chair Spencer convened the meeting at 5:08 p.m. and led the Pledge of\nAllegiance.\nROLL CALL -\nPresent:\nCouncilmembers/Commissioners Ezzy Ashcraft,\nMatarrese, Oddie, Vella and Mayor/Chair Spencer -\n5.\nAbsent:\nNone.\nCONSENT CALENDAR\nMayor/Commissioner Spencer moved approval of the Consent Calendar.\nCouncilmember/Commissioner Oddie seconded the motion, which carried by\nunanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk\npreceding the paragraph number.]\n(*18-663 CC/18-014 SACIC) Recommendation to Accept the Investment Report for the\nQuarter Ending September 30, 2018. Accepted.\n(*18-664 CC/18-015 SACIC) Recommendation to Accept the Fourth Quarter Financial\nReport for the Period Ending June 30, 2018. Accepted.\nADJOURNMENT\nThere being no further business, Mayor/Chair Spencer adjourned the meeting at 5:09\np.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk and Secretary, SACIC\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nSpecial Joint Meeting\nAlameda City Council and Successor Agency\nto the Community Improvement Commission\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 2, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY--DECEMBER 18, 2018- -5:01 P.M.\nMayor Spencer convened the meeting at 5:09 p.m.\nROLL CALL -\nPresent:\nCouncilmembers Ezzy Ashcraft, Matarrese, Oddie,\nVella, and Mayor Spencer - 5.\nAbsent:\nNone.\nCONSENT CALENDAR\nMayor Spencer announced the Interim City Attorney contract [paragraph no. 18-669],\nthe cannabis ordinance [paragraph no. 18-674 and the McKay Avenue ordinance\n[paragraph no. 18-675\nwere removed from the Consent Calendar for discussion.\nCouncilmember Ezzy Ashcraft moved approval of the remainder of the Consent\nCalendar.\nCouncilmember Oddie seconded the motion, which carried by unanimous voice vote -\n5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph\nnumber.]\n(*18-665) Minutes of the Special and Regular City Council Meetings Held on November\n27,2018. Approved.\n(*18-666) Ratified bills in the amount of $1,579,796.10\n(*18-667) Recommendation to Accept the Work of Suarez and Munoz Construction, Inc.\nfor Jean Sweeney Open Space Park Phase A, No P.W. 15-16-09. Accepted.\n(*18-668) Recommendation to Authorize the Interim City Manager to Execute an 18\nMonth Agreement with CDM Smith in an Amount Not to Exceed $600,301, Including\nContingency, for the Outreach, Planning and Design Services for the Clement Avenue\nSafety Improvements. Accepted.\n(18-669) Recommendation to Approve Agreement Appointing Michael H. Roush as\nInterim City Attorney for a Term of No More Than 960 Hours at a Salary of $113.94\nHourly.\nMayor Spencer stated that she will not be able to support the item.\nCouncilmember Matarrese moved approval of the agreement.\nCouncilmember Ezzy Ashcraft seconded the motion.\nSpecial Meeting\nAlameda City Council\n1\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 3, "text": "Mayor Spencer the call for the question, and only two Councilmembers voted as\nfollows: Ayes: Councilmember Matarrese - 1. Noes: Mayor Spencer - 1.\nUnder discussion, Vice Mayor Vella stated that she desires to have discussion prior to\nvoting.\nMayor Spencer requested a motion for reconsideration.\nVice Mayor Vella moved approval of reconsidering the vote.\nMayor Spencer seconded the motion to reconsider, which carried by unanimous voice\nvote - 5.\nVice Mayor Vella expressed concern over having continued legal counsel as the\nCouncil transitions; requested further explanation from Mayor Spencer.\nMayor Spencer called a recess at 5:13 p.m. and reconvened the meeting at 5:14 p.m.\nMayor Spencer stated that her first concern in hiring employees is the ability to perform\ntheir job serving the City; expressed concern over the hiring.\nCouncilmember Ezzy Ashcraft expressed support.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella - 4. Noes: Mayor Spencer\n- 1.\n(*18-670) Recommendation to Authorize Participation in Open Property Assessed\nClean Energy (PACE), HERO, Ygrene, Figtree and E3 to Operate a Property Assessed\nClean Energy Program and Authorize the Interim City Manager to Execute the Member\nAcknowledgement Forms for Each New Property Assessed Clean Energy Provider;\n(*18-670A) Resolution No. 15462, Consenting to the Inclusion of Properties within the\nTerritory of the City in the California Statewide Communities Development Authority\n(CSCDA) Open PACE Programs; Authorizing the California Statewide Communities\nDevelopment Authority to Accept Applications from Property Owners, Conduct\nContractual Assessment Proceedings and Levy Contractual Assessments within the\nTerritory of the City; and Authorizing Related Actions;\n(*18-670B) Resolution No. .15463, \"Consenting to Inclusion of Properties within the City's\nJurisdiction in the California HERO Program to Finance Distributed Generation\nRenewable Energy Sources, Energy and Water Efficiency Improvements and Electric\nVehicle Charging Infrastructure and Approving the Amendment to a Certain Joint\nPowers Agreement Related Thereto. Adopted;\nSpecial Meeting\nAlameda City Council\n2\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 4, "text": "(*18-670C) Resolution No. 15464, \"Consenting to Inclusion of Properties within the City's\nJurisdiction in the Golden State Finance Authority Community Facilities District to\nFinance Renewable Energy Improvements, Energy Efficiency and Water Conservation\nImprovements and Other Authorized Improvements and Approving Associate\nMembership in the Joint Exercise of Powers Authority Related Thereto. Adopted;\n(*18-670D) Resolution No.15465, \"Joining the Figtree Pace Program; Authorizing the\nCalifornia Enterprise Development Authority to Conduct Contractual Assessment\nProceedings and Levy Contractual Assessments within the Territory of the City of\nAlameda; and Authorizing Related Actions.' Adopted; and\n(*18-670E) Resolution No. 15466, \"Consenting to the Inclusion of Properties within the\nTerritory of the City in the California Municipal Finance Authority Open PACE Programs;\nAuthorizing the California Municipal Finance Authority to Accept Applications from\nProperty Owners, Conduct Contractual Assessment Proceedings and Levy Contractual\nAssessments within the Territory of the City; and Authorizing Related Actions.\" Adopted.\n(*18-671) Resolution No.15467, \"Amending Resolution No. 9460 to Reflect Current\nPositions and Entities to be Included in the City of Alameda's Conflict of Interest Code\nand Rescind Resolution No. 15230.' Adopted.\n[\n(*18-672) Resolution No.15468, \"Declaring Canvass of Returns and Results of the\nConsolidated General Municipal Election Held on Tuesday, November 6, 2018,\nincluding Enacting Ordinance No. 3231, Amending the Alameda Municipal Code by\nAdding Section 3-63 (Transaction and Use Tax) to Division IX (Taxes) of Article II\n(Taxation) of Chapter III (Finance and Taxation) Imposing a Transaction and Use Tax to\nbe Administered by the California Department of Tax and Fee Administration.\" Adopted.\n(*18-673) Ordinance No. 3232, \"Amending the Alameda Municipal Code by Amending\nSection 30-5.15 of Chapter XXX (Zoning Ordinance) to Adopt New Bird-Safe Building\nStandards and Update Outdoor Lighting Regulations Consistent with Dark Skies\nStandards.\" Finally passed.\n(18-674) Ordinance No. 3233, \"Amending the Alameda Municipal Code by Amending\nVarious Provisions of Article XVI (Cannabis Businesses) of Chapter VI (Businesses,\nOccupations and Industry), Including but not Limited to (a) Modify the Definition of\n\"Youth Centers\" as a Sensitive Use, Including Specifically Excluding Certain Uses\n(Martial Arts/Combat Sports, Cultural or Similar Education, and Physical Fitness); (b)\nModify the Definition of \"Cannabis Business Owner\" to Conform with State Law; and (c)\nMake Any Other Conforming Amendments.\" Finally passed.\nInquired who the City Council and staff work for; urged Council to pause and get staff to\nanswer questions: Don Sherratt, Alameda.\nDiscussed focusing on justice; stated a location on Park Street was turned down for\nRuby's Tumbling, but a location with a martial arts business next door is being allowed:\nSerena Chen, Alameda.\nSpecial Meeting\nAlameda City Council\n3\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 5, "text": "Stated two-thirds of the community supports having cannabis businesses in town: Mark\nHersman, Portmann Enterprises.\nDiscussed support for cannabis businesses; urged Council to move forward and do\noutreach: Rich Moskowitz, Alameda.\nExpressed support for safe access to cannabis: Elizabeth Henry, Alameda.\nDiscussed \"Quality of Life\" survey results; expressed concern over potentially causing\ngood operators to relocate: Nick Portolese, Alameda.\nDiscussed being a parent and cannabis advocate: Phillip Redd, Alameda.\nStated that she would like cannabis far away from children; discussed sending her\nchildren to the martial arts studio: Echo Chen, Alameda.\nExpressed support for cannabis adult use; submitted a letter: Susan Freeman,\nAlameda.\nExpressed support for cannabis businesses; discussed strict regulations over cannabis\nbusinesses: John Ngu, Alameda for Safe Cannabis Access.\nDiscussed the health benefits of cannabis; expressed support for adopting the\nordinance: Kari Tillman, Alameda.\nExpressed concern over the City definition differing from State law: Joanna Lau,\nAlameda.\nMayor Spencer requested clarification of the definition of youth center in accordance\nwith State law.\nThe Acting City Attorney stated that he believes the definition is not a violation of State\nLaw.\nThe Assistant City Attorney stated the State provides authority to local jurisdictions to\ndecide for themselves; the Bureau of Cannabis Control (BCC) is also in agreement.\nMayor Spencer inquired if it is the legal opinion of the Assistant City Attorney that the\ncurrent definition of youth center is not in violation of State Law. to which the Assistant\nCity Attorney responded in the affirmative.\nCouncilmember Ezzy Ashcraft inquired if the buffer zone has been eliminated or\nreduced between the martial arts studio and the proposed cannabis retailer.\nThe Assistant City Attorney responded the determination as to what the buffer zone\nSpecial Meeting\nAlameda City Council\n4\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 6, "text": "should be is similar to determining the scope of the sensitive uses being protected.\nVice Mayor Vella inquired if the words \"martial arts center\" are in the definition of\nprotected youth center.\nThe Assistant City Attorney responded the original definition did not include martial arts\ncenter, but the carve-out definition does.\nVice Mayor Vella inquired if \"martial arts center\" was included in the original definition of\nyouth center at the July 24, 2018 Council meeting, to which the Assistant City Attorney\nresponded in the negative.\nVice Mayor Vella inquired when the challenge to the definition of youth center was filed,\nto which the Base Reuse and Community Development Director responded within the\npast two months.\nCouncilmember Ezzy Ashcraft inquired if the term \"tumbling center\" was included in the\noriginal ordinance, to which the Assistant City Attorney responded in the negative.\nCouncilmember Ezzy Ashcraft inquired when the determination was made not to locate\na cannabis dispensary on Park Street due to the proximity to Ruby's Tumbling. to which\nthe Assistant City Attorney responded that he does not know.\nThe Base Reuse and Community Development Director stated staff considered the\ntumbling center a sensitive use from the beginning of the process because it exclusively\nserves minors.\nCouncilmember Ezzy Ashcraft inquired why the Alameda Recreation and Parks\nDepartment (ARPD) is able to designate its centers as protected youth centers when\nclasses are offered to both adults and youth in the same facilities.\nThe Base Reuse and Community Development Director responded ARPD centers have\nbeen designated as a youth center under the ordinance since the beginning; ARPD is\nallowed to make a request that a community center be designated as a youth center;\nARPD has not made such a request.\nCouncilmember Ezzy Ashcraft inquired if the protection exists within the ordinance. to\nwhich the Base Reuse and Community Development Director responded in the\naffirmative.\nCouncilmember Ezzy Ashcraft inquired why the same right would not be afforded to the\nmartial arts center on Webster Street.\nThe Base Reuse and Community Development Director responded the Council's\nprevious decision had been to keep the changes narrow and to respect the definition as\nit stood at the time it was memorialized with respect to the community centers within\nSpecial Meeting\nAlameda City Council\n5\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 7, "text": "parks.\nCouncilmember Ezzy Ashcraft inquired if the only choice is between removing the\nprotection from ARPD as well or can the provision be expanded to private business if a\nsignificant percentage of clients are youth.\nThe Base Reuse and Community Development Director responded the Council can\nrevise the definition accordingly.\nMayor Spencer inquired why staff's recommendation is to use the term \"exclusively\" in\nregards to implementation.\nThe Base Reuse and Community Development Director responded the\nrecommendation to Council to look at youth centers as exclusively serving minors is in\npart an ability to perform enforcement and to be able to document use consistently and\nclearly; stated there is difficulty in how the documentation and enforcement is\nperformed, how is it researched, and how consistency is ensured; in a desire to treat all\nbusinesses equally, staff is recommending that a definition of youth center is one that\nexclusively serves minors, as well as a carve-out for further clarity of martial arts and\nother recreational type businesses.\nCouncilmember Oddie moved final passage of the ordinance.\nMayor Spencer seconded the motion.\nUnder discussion, Councilmember Oddie stated this is an attempt to do a de facto ban;\nexpressed support for the ordinance; stated it is an issue of justice; outlined youth\naccess, point of sale and advertising tactics for dispensaries.\nVice Mayor Vella stated there are difficulties in placing dispensaries in areas that are a\nfar distance from children; alcohol retail locations are more prevalent and permit\nchildren to enter; outlined the difficulties in youth accessing cannabis products via child-\nproof bags; expressed support of final passage of the ordinance.\nCouncilmember Ezzy Ashcraft stated that she does not oppose cannabis in Alameda;\nher objection is related to changing the definition of \"youth center;\" outlined the Open\nGovernment Commission finding related to noticing; stated that she will not support the\nitem due to the change in definition.\nCouncilmember Matarrese stated the carve-out is a pointer to spot zoning; the definition\nshould be left as it stands and the application should go through the process; he will not\nsupport the change.\nMayor Spencer stated that she does not consider the item as a change but as a\nclarification that will assist staff in implementation; she disagrees with the notion of spot\nzoning; outlined State Law distances from dispensaries to schools; stated Council is\nSpecial Meeting\nAlameda City Council\n6\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 8, "text": "trying to ensure safe, lab-tested items are accessible.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Oddie, Vella and Mayor Spencer - 3. Noes: Councilmembers Ezzy\nAshcraft and Matarrese - 2.\n(18-675) Ordinance No. 3234, \"Amending Alameda Zoning Map for the Property on the\nWest Side of McKay Avenue (APN 74-1305-26-2) to Remove the G Government\nCombining District Designation to Allow for Private Use of the Property for a Wellness\nCenter.\" Finally passed.\nShowed a video; requested the Council postpone removing the G overlay: Liza Gabato\nMorse, Alameda.\nStated the zoning is required since there is a legal lease of the property; Alameda Point\nCollaborative (APC) is committed to a safe project: Doug Biggs, APC.\nCouncilmember Ezzy Ashcraft moved final passage of the ordinance amending\nAlameda Zoning Map for the property on the west side of McKay Avenue to remove the\nG Government Combining District Designation to allow for private use of the property for\na wellness center.\nCouncilmember Matarrese seconded the motion.\nUnder discussion, Mayor Spencer stated that she will not be supporting the motion;\nthere is insufficient notice of contaminated property.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Ezzy Ashcraft, Matarrese, Oddie, and Vella - 4. Noes: Mayor\nSpencer - 1.\nADJOURNMENT\nThere being no further business, Mayor Spencer adjourned the meeting at 6:17 p.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nSpecial Meeting\nAlameda City Council\n7\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 9, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY--DECEMBER 18, 2018- 7:00 P.M.\nMayor Spencer convened the meeting at 7:01 p.m. and led the Pledge of Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Ezzy Ashcraft, Matarrese, Oddie,\nVella, and Mayor Spencer - 5.\nAbsent:\nNone.\nRESOLUTION ACKNOWLEDING SERVICE AND FAREWELL COMMENTS\n(18-676) Resolution No. 15469, \"Commending Frank Matarrese for Four Years of\nService to the City of Alameda as Councilmember.\" Adopted; and\n(18-676A) Resolution No. 15470, \"Commending Trish Herrera Spencer for Four Years\nof Service to the City of Alameda as Mayor.' Adopted.\nExpressed appreciation for Mayor Spencer's service; stated Mayor Spencer has shown\nleadership: Liza Gabato Morse, Alameda.\nDiscussed the need for a difference from special interests to common good and\ninterests of all stakeholders and residents: Ken Peterson, Alameda.\nExpressed appreciation for Mayor Spencer's service, especially for people of color: Maz\nTacano, Alameda.\nMayor Spencer read the resolution and presented it to Councilmember Matarrese.\nVice Mayor Vella, Councilmembers Oddie and Ezzy Ashcraft and Mayor Spencer made\nbrief comments.\nCouncilmember Matarrese made brief comments.\nVice Mayor Vella read the proclamation and presented it to Mayor Spencer.\nVice Mayor Vella, Councilmember Oddie, Matarrese and Ezzy Ashcraft made brief\ncomments.\nCouncilmember Ezzy Ashcraft moved adoption of the resolutions.\nVice Mayor Vella seconded the motion, which carried by unanimous voice vote - 5.\nMayor Spencer made brief comments.\nRegular Meeting\nAlameda City Council\n1\nMonth Day, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 10, "text": "Eric Panzer presented resolutions from Senator Skinner and Assemblymember Bonta to\nMayor Spencer and Councilmember Matarrese.\n***\nMayor Spencer called a recess at 7:49 p.m. and the meeting was reconvened at 8:13\np.m.\n***\nINSTALLATION\n(18-677) The Honorable Judge Delbert Gee administered the Oath of Office to Mayor\nEzzy Ashcraft and Councilmembers Knox White and Daysog; and the Honorable Judge\nTara Flanagan administered the Oath of Office to Councilmember Oddie.\nROLL CALL -\nPresent:\nCouncilmembers Daysog, Knox White, Oddie, Vella\nand Mayor Ezzy Ashcraft - 5.\nAbsent:\nNone.\nCONSIDERATION OF APPOINTMENT OF VICE MAYOR\n(18-678) Councilmember Oddie moved approval of appointing John Knox White as Vice\nMayor.\nCouncilmember Vella seconded the motion, which carried by the unanimous voice vote\n- 5.\nCongratulated and welcomed new Councilmembers; expressed opposition to Measure\nK; Laura Thomas, Alameda Justice Alliance.\nPOEM BY POET LAUREATE\nPoet Laureate Gene Kahane read a poem.\nCOMMENTS BY NEW COUNCIL\n(18-679) Councilmember Oddie, Councilmember Daysog, Vice Mayor Knox White and\nMayor Ezzy Ashcraft made brief comments.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS\nNone.\nRegular Meeting\nAlameda City Council\n2\nDecember 18, 2018", "path": "CityCouncil/2018-12-18.pdf"}
{"body": "CityCouncil", "date": "2018-12-18", "page": 11, "text": "ORAL COMMUNICATIONS, NON-AGENDA\nNone.\nCONSENT CALENDAR\nNone.\nREGULAR AGENDA ITEMS\nNone.\nCITY MANAGER COMMUNICATIONS\nNone.\nORAL COMMUNICATIONS, NON-AGENDA\nNone.\nCOUNCIL REFERRALS\nNone.\nCOUNCIL COMMUNICATIONS\nNone.\nADJOURNMENT\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 8:56\np.m.\nRespectfully submitted,\nLara Weisiger\nCity Clerk\nThe agenda for this meeting was posted in accordance with the Sunshine Ordinance.\nRegular Meeting\nAlameda City Council\n3\nMonth Day, 2018", "path": "CityCouncil/2018-12-18.pdf"}