{"body": "CityCouncil", "date": "2019-05-21", "page": 1, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY-- - -MAY 21, 2019- 5:15 P.M.\nMayor Ezzy Ashcraft convened the meeting at 5:17 p.m.\nRoll Call -\nPresent:\nCouncilmembers Daysog, Knox White, Oddie, Vella and\nMayor Ezzy Ashcraft - 5.\nAbsent:\nNone.\nThe meeting was adjourned to Closed Session to consider:\n(19-298) Conference with Legal Counsel - Anticipated Litigation; Significant exposure to\nlitigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision\n(e) of Government Code Section 54956.9; Number of cases: One (As Defendant - City\nExposure to Legal Action)\n(19-299) Conference with Legal Counsel - Existing Litigation (Pursuant to Government\nCode \u00a7 54956.9); Case Name: Boatworks V City of Alameda, et al.; Court: Superior\nCourt of the State of California, County of Alameda; Case Number: RG14746654;\nCourt: First District Court of Appeal; Case Numbers: A151063, A151919\n(19-300) Conference with Labor Negotiators (Government Code section 54957.6); City\nNegotiators: Nancy Bronstein, Human Resources Director; Employee Organizations:\nInternational Brotherhood of Electrical Workers, Local 1245 (IBEW); Under Negotiation:\nSalaries and Terms of Employment\n(19-301) Conference with Real Property Negotiators (Pursuant to Government Code\nSection 54956.8); Property: Emma Hood Swim Center, 2256 Alameda Avenue,\nAlameda, CA 94501; City Negotiator: Amy Wooldridge, Interim Assistant City Manager,\nCity of Alameda; Negotiating Parties: City of Alameda and the Alameda Unified School\nDistrict; Under Negotiation: Price and terms of payment for the lease of the property\nFollowing the Closed Session, the meeting was reconvened and the City Clerk\nannounced that regarding Anticipated Litigation, Existing Litigation, Labor and Real\nProperty, information was provided by staff and direction was given by Council with no\nvote taken.\nAdjournment\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:58\np.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\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 2, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nTUESDAY- - -MAY 21,2019--7:00 P.M.\nMayor Ezzy Ashcraft convened the meeting at 7:06 p.m. Councilmember Daysog led\nthe Pledge of Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Daysog, Knox White, Oddie, Vella,\nand Mayor Ezzy Ashcraft - 5.\nAbsent:\nNone.\nAGENDA CHANGES\nNone.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS\n(19-302) Proclamation Declaring May 2019 as Asian Pacific Heritage Month.\nMayor Ezzy Ashcraft read the proclamation.\nCynthia Bonta made brief comments and the rest of the group accepting the\nproclamation introduced themselves.\nCouncilmembers Vella and Daysog made brief comments.\n(19-303) Proclamation Declaring May 2019 as Older Americans Month.\nMayor Ezzy Ashcraft read the proclamation and presented it to members of the Mastick\nSenior Center Advisory Board.\nThe Mastick Recreation Manager made brief comments.\n(19-304) Proclamation Declaring May 21, 2019 as Dine and Connect Day.\nMayor Ezzy Ashcraft read the proclamation and presented it to Dot Lundgren and\nmembers of Immanuel Lutheran Church.\nMs. Lundgren made brief comments.\nORAL COMMUNICATIONS, NON-AGENDA\n(19-305) Michelle Morgan, Alameda, discussed a water quality and flood protection\nsurvey that she received; expressed concern over property owners having added fees.\n(19-306) Bill Soares, Elks, expressed concern over City employees smoking on a bench\nRegular Meeting\nAlameda City Council\n1\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 3, "text": "at the Elk's Lodge; suggested options for City smoking areas.\n(19-307) Brian Kennedy, Alameda, expressed concern over Alameda being a Sanctuary\nCity.\nCONSENT CALENDAR\nThe City Clerk read the title of the introduction of ordinance [paragraph no. 19-319].\nVice Mayor Knox White moved approval of the Consent Calendar.\nCouncilmember Vella seconded the motion, which carried by unanimous voice vote - 5.\n[Items so enacted or adopted are indicated by an asterisk preceding the paragraph\nnumber.]\n(*19-308) Minutes of the Special City Council Meeting, Special Joint City Council and\nSuccessor Agency to the Community Improvement Commission Meeting and the\nRegular City Council Meeting Held on April 16, 2019. Approved.\n(*19-309) Ratified bills in the amount of $1,964,245.35.\n(*19-310) Recommendation to Authorize the City Manager to Execute a Three-Year\nConsolidated Agreement with Environmental Systems Research Institute, Inc. (Esri) for\nEnterprise Geographic Information System (GIS) Software License Maintenance and\nSupport, in an Amount Not to Exceed $150,000, with the Option of One Three-Year\nExtension, for a Total Six-Year Compensation Not to Exceed $300,000. Accepted.\n(*19-311) Recommendation to Authorize the City Manager to Execute a First\nAmendment in the Amount of $100,000 with ECS Imaging Inc., for a Total\nCompensation for the Work Not to Exceed $170,000 for Scanning and Archiving of\nPlanning and Building Permit Documents. Accepted.\n(*19-312) Resolution No. 15535, \"Authorizing the City Manager to Submit a Request to\nthe Metropolitan Transportation Commission for the Allocation of $81,800 in Fiscal Year\n2019-20 for the Active Transportation Plan per Transportation Development Act Article\n3 for Pedestrian/Bicycle Project Funding and to Execute All Necessary Documents.'\nAdopted.\n(*19-313) Resolution No. .15536, \"Amending the Salary Schedule for Part-Time\nClassifications Effective June 9, 2019 to Reflect Changes to the City of Alameda\nMinimum Wage and to Maintain Adequate Differentials Between Part-Time Job\nCategories.\" Adopted.\n(*19-314) Resolution No.15537, \"Declaring Canvass of Returns and Results of the\nSpecial Municipal Election Held on Tuesday, April 9, 2019.' Adopted.\nRegular Meeting\nAlameda City Council\nMay 21, 2019\n2", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 4, "text": "(*19-315) Resolution No. 15538, \"In Support of the 2020 Census.\" Adopted.\n(*19-316) Introduction of Ordinance Approving a First Amendment to a Lease and\nAuthorizing the City Manager to Execute the Amended Lease Agreement with Kai\nConcepts, LLC, for Building 168, Suite 300, Located at 1651 Viking Street at Alameda\nPoint. Introduced.\n(*19-317) Ordinance No. 3241, \"Approving a Second Amendment to a Lease and\nAuthorizing the City Manager to Execute Documents Necessary to Implement the\nTerms of the Second Amendment to a Lease with Advanced Roofing Services, Inc. for\nTwenty-Four Months at 1450 Viking Street, Building 612, at Alameda Point.\" Finally\npassed.\n(*19-318) Ordinance No. 3242, \"Approving a First Amendment to the Lease Agreement\n(Lease Agreement) and Authorizing the City Manager to Execute a First Amendment to\nthe Lease Agreement with Friends of the Alameda Animal Shelter (FAAS) Extending the\nTerm by Two Years with the Same Terms and Conditions, for the Facility Located at\n1590 Fortmann Way, Alameda, CA 94501. Finally passed.\nREGULAR AGENDA ITEMS\n(19-319) Introduction of Ordinance Amending the Alameda Municipal Code by\nAmending Article XV of Chapter VI to Eliminate \"No Cause\" (Notice to Vacate) as a\nGrounds for Eviction from Ordinance No. 3148 (City of Alameda Rent Review, Rent\nStabilization, and Limitations on Evictions Ordinance). Introduced.\nVice Mayor Knox White stated State law requires recusal in cases where the land under\ndiscussion represents less than 25% of the City's land; requested to join Council\ndiscussion after public comment if allowable; recused himself and left the dais.\nCouncilmember Daysog inquired whether he should recuse himself.\nThe City Attorney inquired whether Councilmember Daysog is operating as a landlord,\nto which Councilmember Daysog responded that he lives in the housing unit.\nThe Assistant City Attorney stated Councilmember Daysog is not required to recuse\nhimself.\nThe Community Development Director gave a Power Point presentation.\nCouncilmember Vella inquired about the focus groups.\nThe Community Development Director responded the group included the Alameda\nRenters Coalition, East Bay Realtors Local Government Relations Committee and\nAlameda Housing Providers Association.\nRegular Meeting\nAlameda City Council\n3\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 5, "text": "Councilmember Vella inquired the point person for the Alameda Housing Providers\nAssociation, to which the Community Development Director responded Jeff Cambra.\nCouncilmember Vella inquired whether a particular group proposed carve-out language.\nThe Community Development Director responded landlords that are active in the East\nBay Realtors Association and property management companies proposed the\nlanguage.\nCouncilmember Vella inquired how data was obtained related to impacted tenants.\nThe Community Development Director responded staff worked with a consultant;\noutlined the data collected by the consultant.\nMayor Ezzy Ashcraft requested clarification regarding the number of households versus\nthe number of tenants.\nThe Community Development Director stated the number identifies households; the\naverage household size can be reviewed.\nMayor Ezzy Ashcraft inquired whether the assumption can be made that not all\ndwellings have only one tenant, to which the Community Development Director\nresponded in the affirmative.\nCouncilmember Oddie inquired whether Assembly Bill AB1481 allows for any carve-out\nfor owner-occupied dwellings, to which the Community Development Director\nresponded in the negative.\nIn response to Councilmember Oddie's inquiry, the Community Development Director\nstated a cause does not have to be listed when a no cause eviction is submitted.\nCouncilmember Daysog inquired whether there were 31 no cause evictions in Fiscal\nYear 2017-18, to which the Community Development Director responded in the\naffirmative.\nCouncilmember Daysog inquired whether there were 26 no cause evictions in the prior\nyear, to which the Community Development Director responded in the affirmative;\nstated number is based on information reported to Rent Program staff.\nMayor Ezzy Ashcraft stated the staff report indicates there is no way to determine when\na\ntenant leaves a property due to a rent increase that is unaffordable.\nThe Community Development Director stated the Rent Program tracks terminations, not\nvoluntary vacancies.\nCouncilmember Oddie inquired how many of the no cause evictions are owner-\nRegular Meeting\nAlameda City Council\nMay 21, 2019\n4", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 6, "text": "occupied.\nThe Community Development Director responded the majority are Single Family Homes\n(SFH).\nIn response to Councilmember Oddie's inquiry related to the carve out request, the\nCommunity Development Director responded the information is not readily available.\nUrged Council to carve out small property owners; discussed owner occupied units:\nSharon Alva, Bay East Association of Realtors.\nUrged Council be guided by the US Constitution's Bill of Rights; stated housing is\na\nbasic human right, which should not be taken away without cause: Toni Grimm,\nAlameda Renters Coalition (ARC).\nDiscussed the increase in homelessness in Alameda; urged Council to support the\nordinance with no carve outs: Jeanne Nader, Alameda Justice Alliance.\nExpressed support for just cause; stated no cause is wrong: Lester Dixon, Alameda.\nUrged carve out for owner occupied rentals with under four units: Karen Lithgow,\nAlameda.\nUrged Council to support tenants' rights to a secure home without carve-outs or\namendments to the proposed ordinance: Cheri Johansen, Alameda Progressives.\nSuggested having three strikes for cause termination; urged due process and a\ncompromise be adopted: Alan Teague, Alameda.\nStated just cause is needed; discussed a survey, rent increases and 470 Central\nAvenue evictions: Chelsea Lee, Filipino Advocates for Justice (FAJ).\nExpressed concern over the carve out: Marilyn Schumacher, Alameda.\nStated just cause is the first step to securing the community; urged adoption of a rent\ncap: Denise Galban, FAJ.\nExpressed support for just cause and a rent cap; discussed democracy: Don Cristobal,\nFAJ.\nStated there should be an option other than a legal court proceeding to evict tenants;\ndiscussed evicting a tenant from her six unit building: Karen Miller, Alameda.\nExpressed support for adding eviction control to renters' rights: Doyle Saylor, Renewed\nHope Housing Advocates (RHHA).\nRegular Meeting\nAlameda City Council\n5\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 7, "text": "Expressed concern over numbers being fuzzy; stated the carve out would be massive;\nequal protection is needed; there should be no carve out: Catherine Pauling, ARC.\nStated the ordinance is a milestone and deserves support; discussed an eviction case:\nLaura Thomas, RHHA.\nUrged the ordinance be passed without a carve-out; discussed homeless count data:\nJared Wright.\n***\nMayor Ezzy Ashcraft called a recess at 8:23 p.m. and reconvened the meeting at 8:24\np.m.\nMayor Ezzy Ashcraft inquired whether Council should consider the proposed carve out\nfor small units and owner-occupied.\nCouncilmember Vella stated that she is not in favor of the carve out; the carve out is\nmore complicated than it needs to be; outlined potential conflicts.\nCouncilmember Oddie inquired the legality of the three strike proposal.\nThe City Attorney responded a landlord is asking the Council to amend the ordinance so\nthat a tenant may be evicted for three separate violations of terms and conditions of the\nlease; stated while it is legally permissible for Council to create an explicit exemption,\nsuch exemptions are administratively difficult to implement and particular exemptions\nwould duplicate what State law currently authorizes.\nIn response to Councilmember Oddie's inquiry, the City Attorney stated the proposal\nstates landlords would agree to not raise rents for a three year period in exchange for\nan exemption; expressed concern for the three year period; stated the interpretation is a\nvoluntary waiver of rights under Costa Hawkins and is likely not lawful; outlined Costa\nHawkins regulations.\nCouncilmember Oddie expressed concern about creating two classes of tenants, and\nthe definition of \"owner\" being manipulated; outlined local exemptions for small units;\nnoted that he was one of the drafting members of the original ordinance formula; stated\nthe formula did not work to stop mass evictions as intended; the ordinance allows for\nstaff to return with information if a problem arises; there are other solutions for\nnuisances.\nCouncilmember Daysog stated the current discussion relates to a separate carve out\ndiscussion from the updated ordinance.\nThe City Attorney stated if Council does not make a decision, Vice Mayor Knox White\ncannot partake in the discussion.\nRegular Meeting\nAlameda City Council\nMay 21, 2019\n6", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 8, "text": "(19-320) Councilmember Daysog stated Council should have a discussion related to\ncarve out; inquired whether Council discussion time will be considered in full or for each\nitem.\nThe City Clerk stated when a Councilmember's time expires, a vote of four affirmative\nvotes has to be taken to suspend the Rules of Order.\nCouncilmember Vella inquired whether three votes are needed to allow a carve out, to\nwhich the City Attorney responded in the affirmative.\nCouncilmember Oddie moved approval of restarting the 9 minutes after the carve-out\ndiscussion.\nCouncilmember Daysog seconded the motion, which requires four affirmative votes and\nfailed by the following voice vote: Ayes: Councilmembers Daysog, Oddie and Mayor\nEzzy Ashcraft - 3. Noes: Councilmember Vella -\n1.\nMayor Ezzy Ashcraft stated that she is not in favor of a carve out; discussed the CASA\nCompact; stated a carve out is viewed as one less protection for tenants; outlined a\nmeeting with the Housing Authority and housing providers; stated there are other ways\nto address smaller landlords' concerns; discussed the real estate community members\ncreating a fund for legal fees; stated tenants are put in a vulnerable position; outlined\ntenant being afraid of reporting property issues; stated the City is trying to build housing\nas fast as possible; a 42% increase in the number of unsheltered individuals cannot\nhappen in the next two years; expressed concern over the carve out affecting 1,100\nrental units.\nCouncilmember Daysog gave a brief Power Point presentation.\nCouncilmember Vella stated the stock of SFH declines if converted into a multi-unit\nrental or if an Accessory Dwelling Unit (ADU) is added; the presentation has not taken\ninto account communities of Santa Monica and Berkeley; there is a push to not build\nSFH's in order to increase units; SFH's are not the focus of the presented carve out; the\ncarve out relates to a duplex or larger complex with the landlord living on-site; the\nnumber of tenants that did not report major habitability issues was not captured in the\nreport; renters are vulnerable in ways homeowners are not; if a landlord is illegally\nevicting tenants for discriminatory reasons or retaliation, the burden of proof falls on the\ntenant, not the landlord; many California communities are passing just cause eviction\nprotections, such as Santa Barbara; all cases that have been raised qualify under the\nproposed ordinance.\nCouncilmember Oddie stated a SFH exemption or carve out is not being proposed; the\nproposed data shows 57 families that have been displaced from Alameda; there are 5\nRegular Meeting\nAlameda City Council\n7\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 9, "text": "more cases in 2017-2018 than 2016-2017 creating a 20% jump in no cause evictions;\nquestioned the need for landlords to protect a tool that is rarely used.\nCouncilmember Daysog moved approval of moving forward with a carve-out.\nThe motion failed for a lack of second.\nCouncilmember Oddie moved approval of closing debate on carve out issue and\nmoving forward discussing just cause ordinance without a carve out.\nCouncilmember Vella seconded the motion, which carried by unanimous voice vote - 4.\n[Absent: Vice Mayor Knox White - 1.] [Note: Vice Mayor Knox White returned to the\ndais.]\nVice Mayor Knox White expressed support for staff's recommendation; stated the\nvalues and needs have been expressed to justify just cause.\nCouncilmember Oddie stated housing is a basic human right; the constitution demands\ndue process.\nVice Mayor Knox White moved approval of the staff recommendation to amend\nOrdinance No. 3148 [introduction of the ordinance].\nCouncilmember Vella_seconded the motion, which carried by the following voice vote:\nAyes: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 4. Noes:\nCouncilmember Daysog - 1.\n(19-321) Recommendation to Receive an Update and Provide Direction on a New City\nAquatic Facility.\nThe Interim Assistant City Manager/Recreation and Parks Director gave a brief\npresentation.\nCouncilmember Daysog inquired whether there is enough flexibility to account for\nsomething unplanned happening, to which the Interim Assistant City\nManager/Recreation and Parks Director responded in the affirmative; stated there is\nroom to add language to the Memorandum of Understanding (MOU); the aquatic\ncommunity works very well together; solutions are available.\nCouncilmember Daysog stated that he would like the community benefits relayed at\nsome point in time.\nCouncilmember Vella stated providing the alternatives is helpful; inquired whether there\nis enough leeway in the MOU outline to address concerns, to which the City Attorney\nresponded in the affirmative.\nRegular Meeting\nAlameda City Council\nMay 21, 2019\n8", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 10, "text": "Councilmember Vella expressed support for highlighting the community benefits.\nCouncilmember Oddie inquired when the location must be finalized, to which the Interim\nAssistant City Manager/Recreation and Parks Director responded a final land\nagreement is needed by December 2019; stated a location must be finalized several\nmonths prior.\nCouncilmember Oddie inquired whether Council is currently being asked to finalize a\nlocation, to which the Interim Assistant City Manager/Recreation and Parks Director\nresponded that she welcomes any input.\nCouncilmember Oddie stated the best location for the pool is Emma Hood; expressed\nsupport for the MOU terms.\nMayor Ezzy Ashcraft expressed concern over the fee proposal; expressed support for\nthe Emma Hood pool location; stated the City needs a sufficient revenue stream to fund\nthe project.\nThe Interim Assistant City Manager/Recreation and Parks Director stated that she has\nsufficient direction and will return with further detail.\nCITY MANAGER COMMUNICATIONS\n(19-322) The City Manager made an announcement about rollout of the Climate Action\nand Resiliency Plan and the stormwater fee survey.\nORAL COMMUNICATIONS, NON-AGENDA\nNone.\nCOUNCIL REFERRALS\nNone.\nCOUNCIL COMMUNICATIONS\n(19-323) Councilmember Vella noted she may not make the Lead Abatement meeting\nthis week.\n(19-324) Vice Mayor Knox White stated that he attended the climate meeting last night;\na lot of good feedback was received; the Charter subcommittee is close to scheduling\ntwo workshops at the end of June.\n(19-325) Councilmember Daysog discussed a Council referral for a hotel tax and\nAirBNB item; stated Councilmember Vella raised concern about converting rental stock\nto AirBNB; suggested addressing the referrals at the same time.\nRegular Meeting\nAlameda City Council\n9\nMay 21, 2019", "path": "CityCouncil/2019-05-21.pdf"}
{"body": "CityCouncil", "date": "2019-05-21", "page": 11, "text": "(19-326) Councilmember Oddie stated the 2019 Stopwaste business efficiency awards\nwill occur tomorrow; noted two Alameda businesses being recognized by Stopwaste:\nHonolulu BBQ and Semifreddis.\n(19-327) Mayor Ezzy Ashcraft announced the Alameda County Mayors' sent a letter to\nthe Alameda County Board of Supervisors regarding homeless assistance; outlined a\nBuilding Futures with Women and Children event gala, which honored an Alameda\nresident, Meredith Mehlberg, for her work with the Jammie Project; announced that she\nattended a farm-to-table lunch at the Alameda Point Collaborative and the Christ\nEpiscopal church's 150th anniversary event.\n(19-328) Consideration of Mayor's Nominations for Appointment to the Golf\nCommission.\nMayor Ezzy Ashcraft nominated Claire Loud, Ron Carlson and Peter Pizzino to the Golf\nCommission.\nADJOURNMENT\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 9:37\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\nMay 21, 2019\n10", "path": "CityCouncil/2019-05-21.pdf"}