{"body": "CityCouncil", "date": "2019-10-15", "page": 1, "text": "MINUTES OF THE SPECIAL CITY COUNCIL MEETING\nTUESDAY- -OCTOBER - 15, 2019- -4:30 P.M.\nMayor Ezzy Ashcraft convened the meeting at 4:33 p.m.\nRoll Call - Present:\nCouncilmembers Daysog, Knox White, Oddie, Vella and\nMayor Ezzy Ashcraft - 5.\n[Note: Councilmember Vella arrived at 4:35 p.m. and Councilmember\nDaysog arrived at 5:07 p.m.]\nAbsent:\nNone.\nThe meeting was adjourned to Closed Session to consider:\n(19-559) Public Employee Performance Evaluation Pursuant to Government Code \u00a7\n54957; Position Evaluated: City Manager - Eric Levitt\n(19-560) 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, Recreation and Parks Director,\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\n(19-561) Conference with Real Property Negotiators (Pursuant to Government Code\nSection 54956.8); Property: 17-Acres of both dry and submerged land on the north side\nof the City adjacent to the estuary and east of Grant Street, Alameda CA; City\nNegotiators: Debbie Potter, Community Development Director, Andrew Thomas,\nPlanning, Building and Transportation Director, and Nanette Mocanu, Assistant\nCommunity Development Director; Negotiating Parties: City of Alameda and Pacific\nShops, Inc., dba Alameda Marina; Under Negotiation: Price and terms to exercise\nOption to Extend\n(19-562) Conference with Real Property Negotiators (Pursuant to Government Code\nSection 54956.8); Property: Portion of the 24 Acre Phase 1 Parcel of the Enterprise\nDistrict at Alameda Point, Alameda CA, Bounded by W. Pacific Avenue, Skyhawk\nStreet, West Oriskany and Orion Street; City Negotiators: Debbie Potter, Community\nDevelopment Director, and John McManus, Cushman Wakefield; Negotiating Parties:\nCity of Alameda and Astra Space, Inc.; Under Negotiation: Price and terms of payment\nfor the potential sale of the property\n(19-563) 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 Numbers: RG14746654,\nRG16823346, RG16841240; Court: First District Court of Appeal; Case Numbers:\nA151063, A151919, A150276\nSpecial Meeting\nAlameda City Council\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 2, "text": "Following the Closed Session, the meeting was reconvened and the City Clerk\nannounced that regarding Existing Litigation, staff provided information to Council; this\ncase, Alameda Superior Court Case Number RG16-823346, Court of Appeal Case\nNumbers A150276, involves litigation between developer Boatworks and the City\nregarding the applicability of an October 2010 Settlement Agreement to Boatworks'\ncurrent plans to redevelop its property near the intersection of Oak Street and Clement\nAvenue; on March 5, 2019, the California Court of Appeal reversed the trial court's grant\nof preliminary injunction in favor of Boatworks and concluded that: \"Boatworks has not\nshown a likelihood of success in enforcing the Settlement Agreement;\" by unanimous\nvoice vote, with Councilmember Daysog absent, the City Council authorized the City\nAttorney to accept $77,334.03 from Boatworks as compensation for attorney's fees\nexpended by the City in prosecuting the appeal; the Council further authorized the City\nAttorney to enter into tolling agreements, to the extent necessary or appropriate, in any\nongoing or new litigation with Boatworks; regarding Emma Hood Swim Center, staff\nprovided information and Council provided feedback and direction with no vote taken;\nregarding Performance Evaluation, no reportable action was taken; regarding Pacific\nShops, Inc., dba Alameda Marina, staff provided information to Council and Council\nprovided direction with no vote taken; and regarding Astra Space, Inc., staff provided\ninformation and Council provided feedback with no vote taken.\nAdjournment\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:19\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\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 3, "text": "MINUTES OF THE REGULAR CITY COUNCIL MEETING\nESDAY- -OCTOBER - 15, 2019- -7:00 P.M.\nMayor Ezzy Ashcraft convened the meeting at 7:29 p.m. Councilmember Daysog led\nthe Pledge of Allegiance.\nROLL CALL -\nPresent:\nCouncilmembers Daysog, Knox White, Oddie, Vella,\nand Mayor Ezzy Ashcraft - 5.\n[Note: Councilmember Vella arrived at 8:21 p.m.]\nAbsent:\nNone.\nAGENDA CHANGES\n(19-564) Vice Mayor Knox White moved approval of combing the Housing Authority\npresentation [paragraph no. 19-580], the rent report [paragraph no. 19-583 and the\nreferral regarding the Housing Authority [paragraph no. 19-580].\n.\nCouncilmember Oddie seconded the motion, which carried by unanimous voice vote -\n4. [Absent: Councilmember Vella - 1.]\nThe City Manager announced that the Public Hearing [paragraph no. 19-579 would not\nbe heard and would return at a later date.\nPROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS\n(19-565) Proclamation Declaring October 15, 2019 as Benjamin P. Reyes Sr. Day.\nMayor Ezzy Ashcraft read the proclamation and presented it to the family of Benjamin\nP. Reyes, Sr.\nBenjamin T. Reyes, II made brief comments.\n(19-566) Proclamation Declaring October 2019 at Filipino American History Month.\nMayor Ezzy Ashcraft read the proclamation and presented it to members of Bohol\nCircle, Inc., Alameda-Dumaguete Sister City, Philippine Independence Day Organizing\nCommittee of Alameda, Saint Philip Neri-Saint Albert's Parish Filipino Congregation,\nPhilippine Medical Society of Northern California, and Alameda Committee to Celebrate\nFilipino American History Month.\nCouncilmember Daysog made brief comments.\nGary Cagaanan, Bohol Circle, Inc., made brief comments.\nRegular Meeting\nAlameda City Council\n1\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 4, "text": "for Rebid for Citywide Landscape Maintenance of Median Strips and Special Areas, No.\nP.W. 06-19-28. Accepted.\n(*19-571) Recommendation to Authorize the City Manager to Execute a First\nAmendment to an Agreement with Panther Industries for the Cleaning, Repair, and\nGraffiti Removal for Bus Shelters (Various Locations), for a Four-Year Term, in an\nAmount Not to Exceed $45,714.64 for Fiscal Year 2019-20 for a Total Five-Year\nExpenditure Not to Exceed $234,132.46. Accepted.\n(*19-572) Resolution No. 15599, \"Authorizing the City Manager to Apply for and Accept\nup to One Hundred Seventy-Five Thousand Dollars ($175,000) in CalRecycle\nRubberized Pavement Grant Program Funds for Work Under the Pavement\nManagement Program, Phase 39.\" Adopted.\n(*19-573) Ordinance No. 3252, \"Amending the Alameda Municipal Code by Adding\nSection 13-12, Use and Occupancy of Damaged Buildings and Structures/Use of\nPlacards or Signs to Chapter XIII Article I.\" Finally passed.\n(*19-574) Ordinance No. 3253, \"Authorizing the City Manager or His Designee to\nExecute a 66-Month Lease with One Option to Extend the Term 60 Months with Park\nStreet Wine Cellars, Inc. for the Premises 2315 Central Avenue, Suite 122 (Historic\nAlameda Theatre Building).\" Finally passed.\nREGULAR AGENDA ITEMS\nRegular Meeting\nAlameda City Council\n2\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 5, "text": "(19-575) Resolution No. 15600, \"Appointing Warren DeSouza as a Member of the\nMayor's Economic Development Advisory Panel\"; and\n(19-575A) Resolution No. 15601, \"Appointing Gia Schneider as a Member of the\nMayor's Economic Development Advisory Panel\" Adopted.\nCouncilmember Oddie moved adoption of the resolutions.\nVice Mayor Knox White seconded the motion, which carried by unanimous voice vote -\n4. [Absent: Councilmember Vella - 1.]\nThe City Clerk administered the Oath of Office and presented a certificate of\nappointment to Mr. DeSouza.\n(19-576) Introduction of Ordinance Approving a 33-Year Lease, with One 33-Year\nOption to Renew, and Authorizing the City Manager to Negotiate and Execute\nDocuments Necessary to Implement the Terms of a Lease with the Carnegie Innovation\nHall, a California 501(c)3 Non-profit Organization, for 2264 Santa Clara Avenue (the\nCarnegie Building) and 1429 Oak Street (Foster House). [Requires Four Affirmative\nVotes] Introduced.\nThe Development Manager gave a PowerPoint presentation.\nExpressed her excitement for the renovation; discussed another renovation project\ndone by the lessee: Kim Hayes, Alameda.\nUrged approval with no further changes; expressed concern over adding a Project\nLabor Agreement (PLA): J. Marlow Schmauder, Carnegie Innovation Hall.\nExpressed support for the project: Susan Sperry, Alameda.\nStated that he believes in the project and the people behind it; stated the project needs\nto move forward without the PLA: Bob DuBow, Carnegie Innovation Hall.\nStated that he was made aware of the project two weeks ago; outlined labor\ndiscussions; stated issues can be worked out; expressed concern over not having\noversight: Andreas Cluver, Alameda County Building Trades.\nVice Mayor Knox White inquired whether there are issues which were not addressed\nthat require the contract language to change.\nMs. Schmauder responded the biggest challenge is due to having an all-volunteer staff;\nstated the ability to fundraise for the project depends on prospective fundraisers having\nconfidence in the project as a whole; prospective fundraisers need to see action due to\nRegular Meeting\nAlameda City Council\n3\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 6, "text": "many delays; the timeline to work out the PLA details are unknown; expressed support\nfor the lease to move forward rapidly with the amendment language.\nCouncilmember Oddie requested staff to explain the property negotiation processes.\nThe City Manager stated the process started prior to his arrival; the City Council has\nfinal approval based on the Charter and ordinances; leases require a super majority of 4\naffirmative votes; the process is unique in that there was a Request for Qualifications\n(RFQ) process.\nThe Assistant Community Development Director stated staff spent time negotiating a\nLetter of Intent (LOI); the applicant used the signed LOI to begin fundraising without a\nlease; lease negotiations take time and the shift from the LOI to the lease makes the\nterms real; delays were due to creating acceptable language; alternate rent structures\nhave been created.\nThe City Manager stated the RFQ requested proposers to be open to both short and\nlong term leases; the term of the proposed lease is a lengthy commitment by the City\nwhich brings other concerns.\nThe City Attorney stated the Council has the ultimate authority to enter into any lease;\nCouncil will give direction to staff related to important terms desired; the RFQ does not\nbind Council to any term or applicant.\nCouncilmember Oddie stated there has been no agreement; the agreement requires a\nCouncil vote; there is a misconception that needs to be changed; requested clarification\nof the risk to the City for City owned property in relation to insurance requirements.\nMayor Ezzy Ashcraft stated the project is very exciting; there is also a fiduciary\nresponsibility; the business deal must be solid; expressed concern about the labor\nissue; discussed the housing crisis in relation to well-paid labor; stated insurance is an\nimportant issue; increasing insurance limits have been discussed by staff from the\nbeginning; expressed concern for higher insurance limits not being affordable; stated\nthe iconic building has specific needs and the risks need to be protected.\nThe City Attorney stated the City and applicant have had many conversations related to\ninsurance provisions; outlined the current proposed lease insurance requirements;\nstated there has been a wide range of coverage limits.\nMayor Ezzy Ashcraft inquired the changes year to year.\nThe City Attorney responded certain provisions have a five year market rate adjustment;\nstated only one provision allows for a Consumer Price Index (CPI) adjustment; staff and\nthe applicant have discussed increasing coverage to improvement limits.\nRegular Meeting\nAlameda City Council\n4\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 7, "text": "Mayor Ezzy Ashcraft stated adequate insurance is needed; the current limits appear to\nbe too low.\nCouncilmember Oddie questioned who would pay if something happens.\nThe City Attorney responded payment depends on the incident.\nCouncilmember Oddie outlined a hypothetical scenario of $6 million in damages.\nThe City Attorney stated under the current proposed lease, the applicant's insurance\nwould cover the City's deductible, and the City's insurance would kick in after the $1\nmillion in damages; any issues would impact the City's future insurance premiums.\nMayor Ezzy Ashcraft requested clarifying comments from Mr. Dubow.\nMr. Dubow stated the RFQ listed specific insurance requirements; insurance providers\nwill not give a quote for historic buildings, however, a quote for a group of buildings is\npossible; the applicant is willing to reimburse the City for property insurance, but the\nproperty insurance must be secured by the City.\nMayor Ezzy Ashcraft inquired whether the applicant is willing to reimburse the City for\nthe cost of the premium and the deductible.\nMr. Dubow responded the deductible is covered by the applicant's $2 million liability\ninsurance; stated the City's insurance would cover the greater loss, but the cost of the\ninsurance will be borne by the applicant.\nMayor Ezzy Ashcraft questioned whether the applicant will cover the costs if a claim is\nmade, and the deductible is met.\nMr. Dubow stated the applicant's insurance will cover the deductible; the insurance for\nthe City will cover the larger claim; the applicant will cover the premiums for the City\ninsurance.\nCouncilmember Oddie inquired whether a casualty or claim occurs, and City premiums\nincrease, who will be the responsible party for the payment increases.\nMr. Dubow responded the applicant would cover their share of the building.\nThe City Attorney stated when there is a claim, the City's overall portfolio insurance rate\nincreases; the lessee would not cover the increase in that case.\nMayor Ezzy Ashcraft stated the increase would ultimately be borne by the taxpayers.\nCouncilmember Oddie inquired about the newly proposed language.\nRegular Meeting\nAlameda City Council\n5\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 8, "text": "Mayor Ezzy Ashcraft questioned how to ensure the language can be made stronger.\nCouncilmember Oddie stated the language included in the current lease is strong;\nstated the City's language is also strong, but allows some flexibility.\nThe City Attorney responded the commitment is for prevailing wage.\nCouncilmember Oddie outlined prevailing wage provisions.\nCouncilmember Daysog stated the goal is to bring the Carnegie back; in 2018, a\nprocess was designed to reach the goal; the process was clearly put forth in the RFQ,\nbut changes have been made; outlined RFQ requirements; stated issues related to the\nPLA could have been addressed in 2018.\nMayor Ezzy Ashcraft stated insurance requirements are not listed in the RFQ.\nCouncilmember Daysog stated the applicant has discussed negotiating insurance\nrequirements.\nThe City Manager stated insurance requirements were discussed in June and July, but\nthe RFQ does not reference insurance requirements.\nThe Assistant Community Development Director stated the insurance provisions came\nfrom discussions related to the LOI.\nCouncilmember Daysog inquired whether the PLA was part of the RFQ discussions.\nThe Assistant Community Development Director responded there was a PLA question\nduring the RFQ process; stated the response at the time stated a PLA is not required for\nthe project; there is language throughout the RFQ which states Council has the final say\non the project; stated prevailing wage was referenced as a requirement of the project.\nCouncilmember Daysog stated there appear to be administrative issues with the PLA\ndocument; there is a process to allow the Carnegie to be restored; among the\napplicants, the selected respondent has background restoring buildings; the process\nshould be honored; the lease is the best chance at bringing back the Carnegie; other\napplicants would have the same questions and concerns.\nThe City Manager stated long term versus short term lease projects yield different\nrequirements; communication should have been better; the Council has discretion to\ndecide the requirements.\nCouncilmember Vella stated labor is listed under Section 4.1.8 of the lease; questioned\nthe Applicant's apprehension to including the language; outlined Section 4.1.8; stated\nhistoric buildings hold importance; the work should be done in a matter that does not\npose risk and preserves the nature of the building; the project will be presented to the\nRegular Meeting\nAlameda City Council\n6\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 9, "text": "Historical Advisory Board and Planning Board; the proposed language accepts a portion\nof the lease language and rejects other language; expressed support for having the\nmost skilled workers for the project; the terms as drafted by the City allow for pro-bono\nskilled labor to be negotiated; Council has discretion to approve the project\nrequirements.\nVice Mayor Knox White stated mistakes have been made on both sides; when\nnegotiations are made public, it puts people into different camps; good faith negotiations\nare necessary behind closed doors; the contract was discussed by Council four weeks\nago; the process and timeline needs to be streamlined; noted both sides do not have an\nissue with the timeline needed for the agreement to be signed; stated both sides can\nstay committed to signing the agreement quickly; the project is exciting, but\nconversations need to happen.\nMayor Ezzy Ashcraft stated prevailing wage is important; that she cannot support a\ncontract which does not include prevailing wage; questioned how to ensure prevailing\nwage is being paid; stated the insurance requirements are important; it is Council\nresponsibility to know that the City is adequately insured; certain processes are being\nchanged by Council moving forward to ensure better communications in the future and\navoid issues; the lease term request is 66 years; valid concerns must be discussed;\nexpressed support for finding ways to move the project forward.\nCouncilmember Oddie expressed support for the success of the project; expressed\nconcern over the building uses; stated Council makes the final decision; expressed\nconcern for multiple remarks via social media and the lack of good faith negotiations;\nstated everyone has a right to speak; Council must ensure projects are able to properly\nfulfil the community's vision; good faith negotiations do not happen over social media;\nnoted labor claims against the company providing the cost estimate exist; the best way\nto ensure project labor laws are compliant is to have a PLA; a citywide PLA exists; staff\nshould include the PLA requirement in RFQs going forward; the deadline for coming to\nagreement is when construction begins; there is enough flexibility in the lease language\nto allow parties to succeed; the community deserves another great project; expressed\nsupport for approving the lease as-is with no changes as a gesture of trust.\nCouncilmember Daysog stated that he hopes the proponents of the project continue to\nstay the course.\nCouncilmember Vella expressed support for the vision of the project; expressed\nconcern over the financial longevity of the project and the duration of the lease; stated\nthat she typically does not support long lease options; expressed support for the term of\nthe project which requires the applicant to approve the language included in Sections\n4.1.4 and 4.1.8; stated that she does not support underqualified workers completing the\nproject.\nCouncilmember Vella moved approval of the lease as-written, with additional direction\nprovided regarding insurance requirements.\nRegular Meeting\nAlameda City Council\n7\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 10, "text": "Mayor Ezzy Ashcraft made a friendly amendment to have staff work with the project\napplicant to ensure concerns for insurance requirements are met.\nThe City Attorney stated the insurance provision requirement is relatively broad;\ninquired whether Council would consider approving the lease with modifications to the\ninsurance provisions adequacy as ultimately decided by the City Manager.\nMayor Ezzy Ashcraft responded in the affirmative.\nCouncilmember Oddie concurred with seconding the motion with comments made by\nMayor Ezzy Ashcraft and the City Attorney.\nUnder discussion, Councilmember Daysog moved approval of a substitute motion\nreplacing the existing language regarding the PLA with the language provided to\nCouncil.\nThe substitute motion failed for a lack of second.\nVice Mayor Knox White stated that he will be voting for the motion; expressed support\nfor helping the process move along as quickly as possible.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 4. Noes: Daysog\n- 1.\n***\nMayor Ezzy Ashcraft called a recess at 9:10 p.m. and reconvened the meeting at 9:15\np.m.\n***\nAGENDA CHANGES (continued)\n(19-577) Mayor Ezzy Ashcraft suggested that the Ranger Pipeline agreement\n[paragraph 19-578 be addressed next and the Housing Authority items be considered\nseparate from the rent item.\nThe City Attorney suggested a motion be made.\nMayor Ezzy Ashcraft moved approval of the proposed changes.\nVice Mayor Knox White seconded the motion, which carried by unanimous voice vote -\n5.\nAGENDA ITEMS (continued)\nRegular Meeting\nAlameda City Council\n8\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 11, "text": "(19-578) Recommendation to Authorize the City Manager to Execute a Five-Year\nAgreement with Ranger Pipeline, Inc. for Cyclic Sewer Replacement Project, Phase 16,\nNo. PW 05-19-26 in an Amount, Including Contingency, Not to Exceed $28,924,389.83.\nVice Mayor Knox White moved approval of the staff recommendation.\nCouncilmember Vella seconded the motion, which carried by unanimous voice vote - 5.\n(19-579) Public Hearing to Consider Introduction of Ordinance Amending Alameda\nMunicipal Code Chapter 30 (Zoning Ordinance) to Streamline Design Review for Small\nResidential Additions, Window Replacements, and Green Roofs, Update Work/Live\nOrdinance Requirements, Update Lot Line Adjustment Procedures, and Make Other\nMiscellaneous Administrative, Technical, and Clarifying Amendments, as\nRecommended by the Planning Board. Not heard.\nAGENDA ITEM/COUNCIL REFERRAL\n(19-580) Presentation by the Housing Authority Providing Information to the Council.\n(19-581) Consider Directing Staff to Present Options to the Council on Increasing\nAccountability of, and Addressing Potential Conflict of Interest Issues at, the Alameda\nHousing Authority. (Councilmembers Vella and Oddie)\nThe City Council heard the above items together.\nThe Housing Authority Executive Director gave a PowerPoint presentation.\nCouncilmember Oddie inquired whether incentives for landlords exist in order to house\nvoucher holders.\nThe Housing Authority Executive Director responded a program exists that allows $500\nfor each new unit leased; outlined the philosophy of the program.\nCouncilmember Oddie inquired whether committing City funds can be committed to\nexpansion of housing incentives.\nThe Housing Authority Executive Director responded in the affirmative; stated other\nhousing authorities have more flexibility; outlined Section 8 funding instances related to\ndamaged units and potential landlord acceptance.\nMayor Ezzy Ashcraft inquired the expiration details for the subsidy at Independence\nPlaza.\nThe Housing Authority Executive Director responded the subsidy runs out in 2026;\nstated the subsidized cost per year is between $1 to $1.5 million; the program has\nallowed the Housing Authority to plan ahead and minimize impacts to tenants; there has\nRegular Meeting\nAlameda City Council\n9\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 12, "text": "been an extensive process with the Board and tenants; there have not been significant\nincreases in many years; a plan has been produced to gradually increase rents; there is\na fund to be established for those who cannot afford the increase; early notice has been\nprovided; higher rents have been provided to new tenants; there is an understanding\nthat any rent increase can be difficult.\nMayor Ezzy Ashcraft inquired how tenants may contact Board members directly with\nconcerns.\nThe Housing Authority Executive Director responded active participation at Board\nmeetings is encouraged to allow staff and Board members to hear feedback; concerns\nmay be submitted in writing or by electronic mail; meetings allow for public comment as\nwell.\nVice Mayor Knox White stated that he would like to hear referral information prior to\npublic comment; inquired whether the mandatory tenant conference includes staff and\nthe voucher holder.\nThe Housing Authority Executive Director responded in the affirmative; stated the\nmeeting may include a supervisor depending on the severity.\nVice Mayor Knox White questioned whether an informal hearing process may be\nrequested; inquired whether the informal hearing process includes staff.\nThe Housing Authority Executive Director responded the situation depends; stated\nsometimes there are contractors, retirees from other Housing Authorities, present; the\nstaff members do not know the tenant.\nVice Mayor Knox White inquired whether lawyers are hired for judicial review at the\nrequest of the tenant.\nThe Housing Authority Executive Director responded there is free legal aid when\ntenants and participants go to court; some assistance is paid.\nJennifer Bell, Housing Authority General Counsel, Goldfarb Lipmann, stated private\nattorneys represent tenants on a writ of mandate action after the informal hearing;\noutlined different legal entities providing services; stated the Housing Authority is\nrepresented by Housing Authority staff.\nVice Mayor Knox White inquired whether there is someone at the front desk of the\nHousing Authority offices.\nThe Housing Authority Executive Director responded in the affirmative; stated is desk\ncoverage from 8:30 am to 5:00 pm; appointments are generally needed for non-urgent\nitems.\nRegular Meeting\nAlameda City Council\n10\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 13, "text": "Councilmember Vella inquired how long the informal hearings take.\nThe Housing Authority Executive Director responded a guideline of an hour and a half is\ngiven; stated the duration is dependent on the hearing officer; the duration can extend\nwhen translation or disability needs are accommodated; the informal hearing process\nonly applies to notices of determination or rejected reasonable accommodations.\nCouncilmember Vella inquired when hearings typically take place.\nThe Housing Authority Executive Director responded hearings are typically scheduled\nduring the work day; stated there have been evening hearings as well; hearings are\ntypically scheduled on Thursdays; once the hearing has been held, response to the\nparticipant is given within 14 days; evening appointments are possible with advance\nnotice.\nCouncilmember Vella inquired whether the volunteers are paid.\nThe Housing Authority Executive Director responded in the affirmative; stated the\nregulations are thick; noted training hearing officers includes informing hearing officers\nthat issues are not tenant versus Housing Authority; stated the process is tenants right\nto due process and validity; understanding of the issue is key.\nVice Mayor Knox White inquired whether there is a tracking number for a tenant that\nissues a complaint and about the appeal process.\nThe Housing Authority Executive Director responded tracking systems that are secure\nenough to hold interactions and key complaints are being reviewed; stated a centralized\ntracking system is continuing to be worked on; the goal is to respond within 10 days; a\nsmall number of complainants are not resolved and receive a standard letter back;\noutlined unsolvable issues reported; stated efforts and timelines are provided; the\nHousing Authority encourages use of the supervisory process, as well as visiting the on-\nsite property manager; that she has met with tenants when possible; outlined options for\nsubmitting issues; stated there is desire to fix issues as quickly as possible.\nCouncilmember Daysog stated that he enjoys seeing the flourishing Esperanza area;\ninquired how many subsidies went into the Site A area of Alameda Point.\nThe Housing Authority Executive Director responded there are either 20 or 25 units in\nthe senior building.\nMayor Ezzy Ashcraft noted there are 28 units designated for formerly homeless\nveterans.\nThe Housing Authority Executive Director stated there are a few more; the vouchers are\na special allocation; some vouchers went into Everett Commons; 16 subsidies went into\nthe family side of Site A for non-veteran.\nRegular Meeting\nAlameda City Council\n11\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 14, "text": "Councilmember Daysog stated the project specific vouchers can assist in the cash flow\nof the project and are very helpful.\nThe Housing Authority Executive Director stated the number of vouchers is based on 20\nyears; project based vouchers are able to be borrowed against and help reduce\nfinancing costs.\nCouncilmembers Oddie and Vella gave a brief presentation on the referral.\nMayor Ezzy Ashcraft stated there is no reason to attack a volunteer board of qualified\nindividuals; housing issues are taken very seriously; a process pitting one side against\nanother is counterproductive; the process does not have to be adversarial; engaged\ndialogue helps keep the City's most vulnerable safe and in their homes; expressed\nsupport for reporting the number of vouchers lost; stated accusations have been made\nagainst the Housing Authority; she and the City Manager arranged a meeting with the\nadvocacy group and the meeting did not occur; issues related to housing are\ncomplicated and difficult.\nThe Housing Authority Executive Director stated the Housing Authority has been around\nfor 75 years; the advocates have an important role; efforts are made to help ensure\npeople are not un-housed; evictions do happen; expressed support for facilitating a\nconversation with advocates through Services that Encourage Effective Dialogue and\nSolutions (SEEDS); tenant privacy will not be breached unless elected by the tenant;\nthere has been success with SEEDS.\nCouncilmember Vella stated that she has met with all sides; there can be a wide range\nof solutions to the underlying problems; expressed concern about the City taking\noversight of the Housing Authority; stated all parties should be working collectively on\nthe issues; many people feel frustrated and feel as though the system does not work.\nCouncilmember Oddie expressed support for the options being presented; stated there\nis no accountability of the Housing Authority to an elected official; expressed support for\nimproving the level of accountability; stated Council is only allowed to hear one side of\nthe story.\nCouncilmember Daysog noted the Council previously was the governing board of the\nHousing Authority; stated tenants do not have a process which allows Housing Authority\ndecision to be appealed to Council; Council previously issued guidance and direction on\nissues; independence from Council has been successful for the Housing Authority; the\nappeal process is as articulated and as transparent as possible; the federal government\nwill impose certain rules and expectations related to administrative process and privacy;\nthe processes are meant to help treat families fairly and with respect.\n***\n(19-582) Mayor Ezzy Ashcraft stated a motion is needed to consider the remaining\nRegular Meeting\nAlameda City Council\n12\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 15, "text": "items: the rent item [paragraph no. 19-583], the SAFER grant [paragraph no. 19-584\nand the De-Pave Park referral [paragraph no. 19-585].\nCouncilmember Vella moved approval of hearing the items and ending by 12:30 a.m.\nCouncilmember Oddie seconded the motion, which carried by unanimous voice vote -\n5.\n***\nExpressed concern over rent increases: Reverend Dilys Cromack, Alameda.\nOutlined what LifeSTEPS does: Beth Southorn, LifeSTEPS.\nStated that she received her file with the Housing Authority, which does not include call\nlogs; expressed concern over the way she is treated by Housing Authority staff:\nArminda Graca, Alameda.\nDiscussed her background and why she joined the Housing Authority: Cynthia Alvarez,\nHousing Authority.\nDiscussed her background and experience at the Housing Authority: Lynelle Jordan,\nHousing Authority.\nDiscussed filing complaints with outside agencies and his experience working with\nhousing agencies: Kenji Tamaoki, Housing Authority Board of Commissioners.\nDiscussed staff and her experience at the Housing Authority: Janet Basta, Housing\nAuthority.\nDiscussed wanting to participate in a meaningful meeting; expressed concern over the\ngap in information; stated there is a serious problem; people are being treated badly\nand are afraid: Catherine Pauling, Senior and Disabled Renters Committee.\nDiscussed her background and experience working for the Housing Authority: Kathleen\nMertz, Housing Authority.\nStated that he wants to make himself available to anybody interested in the Housing\nAuthority: Mike Pucci, Alameda.\nStated the Housing Authority is doing tremendous work, which should not be negated;\nthe City should participate in conflict resolution; she submitted a letter that was never\naddressed: Svetlana Rishina, Alameda.\nCouncilmember Vella expressed support for having a stakeholder group help lead\ndiscussions about transitioning; stated many groups need to discuss the transition\nperiod from fully independent living to the stage before skilled nursing; it is unique that\nRegular Meeting\nAlameda City Council\n13\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 16, "text": "the Housing Authority is not under the City's governance; information and forms for the\nappeal process should be on the City's website; there is an overall Code Enforcement\nissue related to habitability; the City needs a better way to report Code Enforcement\nproblems; identifying hearing officers for appeals is important; questioned whether rent\nfunds can be used towards retiree hearing officer staff; stated leaving direction open-\nended can allow for improvement to all root issues.\nVice Mayor Knox White stated many tenant comments have not been relayed to Board\nmembers; there is a lack of clarity and a third party is needed; expressed support for an\nexternal task force; expressed concern over bringing the Housing Authority back under\nCity governance; noted there is frustration about not being able to hear both sides of\nissues; stated there needs to be a way for the Housing Authority to listen to the public\ncomplaints and address them; elected officials do not need to be the end result of every\ndecision; expressed support for engagement around the issues being brought forth.\nCouncilmember Oddie stated the referral is meant to increase accountability,\ntransparency and reduce conflicts of interest; the answer is not to have the Housing\nAuthority move back under the City; discussed the legal implications of private\ninformation; stated that he will never stop fighting for the most vulnerable people in the\ncommunity; society is judged by how the most vulnerable are treated; expressed\nsupport for the hard work done by the Housing Authority; stated there needs to be time\nto address the issues.\nCouncilmember Daysog stated the Housing Authority was separated from the City in\n2012; expressed support for continuing the separation and independence; stated the\nHousing Authority has proven to be successful since 2012; the attempt to incorporate\nCouncil into the appeals process is difficult; discussed outside agencies which\nimplement housing policies; stated there are specific obligations to taxpayer funded\nprograms; involving outside officers in the appeals and hearing process can be difficult\ndue to differences in policies; the funding allows families to live in affordable housing\nand equally applies rules and transparency.\nMayor Ezzy Ashcraft stated the idea of a mediated conversation is good; Code\nEnforcement will come up for discussion at a priority setting meeting; the Housing\nAuthority Board is a great resource that is not frequently used instead of making\nrequests to elected officials; there are independent agencies that can be used as well;\nthere is desire to provide more housing; the housing crisis is not going away any time\nsoon.\nThe City Manager stated everyone has the same goals; noted his experience began\nwith housing; stated the root of the issue should be the focus; three City departments\nwill need to staff the issue: City Manager's office, Community Development Department\nand City Attorney's office; he recommends starting with an informal stakeholder group,\nwhich could decide whether or not a more formalized group is needed; stated the group\nwill focus on transparency, accountability, conflict of interest, hearing officers and\ninformal mediation methodology, with a deadline of returning to Council February 18,\nRegular Meeting\nAlameda City Council\n14\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 17, "text": "2020; stated Code Enforcement related to habitability is difficult to define and tackle.\nVice Mayor Knox White stated that he would like to confirm that Council has the\ncapacity and the issue would not bump other items out of priority; expressed support for\nfeedback brought forth at the next Council meeting.\nCouncilmember Vella stated there are differences between basic habitability versus\npersonal likes; City accountability is needed in terms of basic habitability that can be\ndocumented.\nMayor Ezzy Ashcraft stated the information can be included in Housing Authority\nfeedback to be provided.\nCouncilmember Oddie moved approval of the City Manager's recommendations,\nincluding consideration of an incentive program to help with the 75 vouchers.\nThe City Manager stated that he recommends bringing back research of how Oakland\npays for vouchers.\nCouncilmember Vella seconded the motion, which carried by unanimous voice vote:\nayes - 5.\nAGENDA ITEMS (continued)\n(19-583) Recommendation to Accept the Fiscal Year 2018-19 Annual Report for the\nCity's Rent Program; and\n(19-583A) Resolution No. 15602, \"Establishing a Revised Temporary Relocation\nPayment Schedule.' Adopted.\nThe Community Development Director gave a brief presentation.\n***\nVice Mayor Knox White left the dais at 11:46 p.m. and returned at 11:49 p.m.\n***\nUrged keeping the relocation fee: Madeline Howard, Western Center on Law and\nPoverty.\nCouncilmember Vella moved approval of the annual report.\nVice Mayor Knox White 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.\nMayor Ezzy Ashcraft expressed concern about Exhibit 2 to the staff report related to\nRegular Meeting\nAlameda City Council\n15\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 18, "text": "permanent relocation fees; stated the proposed fee is at 33% for Alameda and the\naverage percentage is 29%; outlined various City jurisdictions with higher rent costs;\nstated with the higher jurisdictions removed, the average lowers to 27%; Alameda\nshould stay closer to the surrounding City averages similar to Oakland and San\nLeandro; expressed support for the percentage increase to be at the 29% average.\nThe City Attorney stated the agenda title does not allow full discussion related to\npermanent relocation.\nMayor Ezzy Ashcraft stated Council should not be prevented by the title description.\nThe City Attorney stated if the discussion is desired, staff direction may be provided to\nbring back permanent relocation.\nThe Community Development Director stated Council direction was to come back with\nanalysis of impacts on other cities with enhanced benefits.\nThe City Attorney stated the issue may be discussed generally as part of the annual\nreport, but there may not be action amending the permanent relocation.\nThe Community Development Director stated if the City's enhanced benefit were to be\nreduced to 29%, it would be a reduction of $72 for studio relocation and $421 for a two-\nbedroom apartment.\nMayor Ezzy Ashcraft stated the discussion will not currently continue; the item must be\nbrought back.\nCouncilmember Vella inquired how long the temporary relocation will be; stated the rate\nof $335 for 30 days is a potential cost of $10,000; expressed concern over the\ntemporary rate being more than the permanent relocation benefit; questioned how to\naddress the number of people being re-housed or available options.\nThe Community Development Director responded the revised schedule is a reflection of\nlooking at more hotels within Alameda to give a better sense of pricing and weekly\nrates; stated the recommendation is to go with the rate of $220 per day.\nCouncilmember Vella stated the amount only assumes one hotel room; more per day\nmay be needed for a shorter period of time due to hotel day-rates; questioned who\ncovers the cost of temporarily moving items; discussed the difference between being\npersonally out of the unit versus out of the unit with all belongings.\nThe Community Development Director stated the $220 per day covers the housing cost,\nnot storage; the permanent relocation calculation includes storage; temporary housing\nlooks at the annual average daily rate; there is concern for daily rates pushing a higher\nper diem rate.\nRegular Meeting\nAlameda City Council\n16\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 19, "text": "Councilmember Vella stated inquired whether it is possible to provide a range of fees for\nspecific incidents.\nThe City Attorney responded in the affirmative; stated the option creates an incredible\nadministrative burden; a flat dollar amount is able to be implemented by staff; a range\nwill likely yield a hearing process; staff has provided a base rate with simple add-ons\nlike meals, laundry and pets.\nThe Community Development Director stated Council may maintain the higher daily\nrelocation benefit previously approved.\nIn response to Vice Mayor Knox White's inquiry, the Community Development Director\nstated having a range of rates causes an administrative burden.\nVice Mayor Knox White stated the costs seem very high.\nThe Community Development Director stated the rates reflect surveying local hotels and\nunderstanding not only daily rates, but weekly and monthly rates as well.\nCouncilmember Oddie stated rent is still being paid during the temporary relocation\nprocess; expressed support for keeping the rates the same; questioned whether\ncontracts with specific hotels can lower rates.\nCouncilmember Daysog inquired the need for temporary relocation payments;\nquestioned why renters insurance is not a requirement; stated renters insurance would\ncover temporary relocation payments.\nThe Community Development Director responded the City does not currently have a\npolicy in place requiring tenants to secure insurance; stated many property\nmanagement companies do require renters insurance; the policy is appropriate when a\ntenant needs to be temporarily relocated due to no fault of their own.\nCouncilmember Daysog stated renters insurance would cover such instances.\nThe Community Development Director stated having renters insurance is not a\nmandatory requirement within the City.\nCouncilmember Daysog stated it is odd to require small mom and pop landlords to pay\n$220 per day in relocation fees instead of working with small landlords and tenants to\nsecure renters insurance.\nMayor Ezzy Ashcraft stated staff has returned with rates previously requested by\nCouncil; the rates are not as high as previously reported; expressed support for\naccepting the rates.\nCouncilmember Vella stated there is nothing precluding a smaller landlord from\nRegular Meeting\nAlameda City Council\n17\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 20, "text": "requiring renters insurance; inquired whether the fee is reimbursable if a tenant collects\nfrom renters insurance.\nThe Community Development Director responded that is incentive to utilize the reduced\nrate.\nCouncilmember Vella inquired how the temporary relocation compares with other cities.\nMayor Ezzy Ashcraft stated the goal is not to send Alameda renters to other cities due\nto school districts.\nThe Community Development Director stated the focus was based internal to Alameda\ndue to school districts.\nVice Mayor Knox White moved adoption of the resolution, with leaving open the idea of\na more affordable option being allowed, if discovered; stated if a landlord is able to pay\nfor a stay at the Hampton Inn, it should be allowed.\nThe Community Development Director stated the activity can be tracked over the next\n12 months, and can report out data related to temporary relocations at the next annual\nreport.\nCouncilmember Vella expressed support for the annual report data returning; expressed\nconcern for a landlord placing a tenant in a substandard motel.\nCouncilmember Vella made a substitute motion to approve the staff recommendation\n[adoption of the resolution], with the caveat that Council will review the issue within a\nyear's time.\nMayor Ezzy Ashcraft seconded the substitute motion which failed by the following voice\nvote: Ayes: Councilmember Vella and Mayor Ezzy Ashcraft - 2. Noes: Councilmembers\nDaysog, Knox White and Oddie - 3.\nCouncilmember Oddie inquired whether the result is status quo if no action is taken, to\nwhich Councilmember Vella responded in the affirmative.\nThe Community Development Director stated the annual report will likely return in less\nthan one year.\nVice Mayor Knox White moved adoption of the resolution with bringing back the housing\nreport including an option for reimbursement of actual costs.\nThe City Manager requested the motion be restated.\nVice Mayor Knox White restated the motion: approval of moving forward with the staff\nproposal [adoption of the resolution], but when the housing annual report comes back,\nRegular Meeting\nAlameda City Council\n18\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 21, "text": "there should be some sort of reimbursement option for consideration and adoption.\nCouncilmember Vella seconded the motion which carried by the following voice vote:\nAyes: Councilmembers Knox White, Vella and Mayor Ezzy Ashcraft - 3. Noes:\nCouncilmember Daysog - 1. Abstention: Councilmember Oddie - 1.\n(19-584) Recommendation to Accept $1,600,786.50 Grant EMW-2018-FH-00229 from\nthe Staffing for Adequate Fire and Emergency Response (SAFER) Program; and\n(19-584 A) Resolution No. 15603, \"Amending the Fiscal Year 2019-20 Fire Grants Fund\nRevenue and Expenditures Budget by $2,595,870, Each, and the General Fund\nExpenditures Budget by $995,084 to Allocate the Required Matching Funds mandated\nby the SAFER Grant Program.\" Adopted.\nThe City Manager stated the action was previously supported with the budget; a\npresentation is available if requested.\nCouncilmember Oddie moved approval.\nCouncilmember Vella seconded the motion.\nUrged Council to reject the grant: Stephen Slauson, Alameda.\nUnder discussion, Vice Mayor Knox White inquired whether the firefighters have already\nbeen hired.\nThe City Manager responded the positions have been budgeted for but employees gave\nnot been hired yet; stated the recruitment process is in progress; the money has been\nbudgeted for; if the grant is not accepted, the funding for the fourth ambulance would\nhave to come from General Fund.\nVice Mayor Knox White inquired whether the vehicle has been purchased, to which the\nCity Manager responded in the affirmative.\nOn the call for the question, the motion carried by the following voice vote: Ayes:\nCouncilmembers Knox White, Oddie, Vella and Mayor Ezzy Ashcraft - 4. Noes:\nCouncilmember Daysog - 1.\nCITY MANAGER COMMUNICATIONS\nNone.\nORAL COMMUNICATIONS, NON-AGENDA\nNone.\nRegular Meeting\nAlameda City Council\n19\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 22, "text": "COUNCIL REFERRALS\n(19-585) Consider Establishing an Implementation Plan for Creating the Shoreline\nEcological Park on the West Side of Seaplane Lagoon at Alameda Point, Commonly\nKnown as De-Pave Park. (Councilmembers Oddie and Daysog)\nStated now is a great time to break ground and repurpose the shoreline; the project will\nlikely not be tied to any major redevelopment project to assist with funding; urged\nCouncil to implement a Request for Qualifications (RFQ) for floating wetlands: Richard\nBangert, Alameda.\nExpressed strong support for planning de-pave park; stated there are incredible benefits\nto the park; urged Council to approve the referral: Linda Carloni, Golden Gate Audubon\nSociety.\nUrged Council to move quickly with finding a team to put plans together and do grant\nwriting for funding and implementation; stated sea level rise and the need for wetlands\nimpacting the area are reasons to approve the referral; urged consideration of removing\ntwo buildings: Marjorie Powell, Golden Gate Audubon Society.\nCouncilmembers Oddie and Daysog made brief comments regarding the referral.\nCouncilmember Vella stated that she supports the item, but would like the plan to come\nback.\nThe Recreation and Parks Director stated that she supports de-pave park; there is an\nupdated parks project list; prioritization from Council is requested to return at a later\ndate; outlined upcoming park projects.\nCouncilmember Vella stated direction to staff is to have the item come back with a full\nreport.\nVice Mayor Knox White inquired whether the intention is to have a process for the\nVeterans Administration (VA) land.\nCouncilmember Oddie responded the intent is to find ways to collaborate to dig up\ncement for reuse and recycling instead of discarding; stated the intent is not limited to\nthe VA; outlined Stopwaste goals.\nVice Mayor Knox White inquired whether the intent includes the wetlands of the area\nincluded on VA land.\nCouncilmember Oddie responded in the negative; stated the item is related to recycling\npavement as an option.\nVice Mayor Knox White expressed concern about the list of uncompleted parks which\nRegular Meeting\nAlameda City Council\n20\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"} {"body": "CityCouncil", "date": "2019-10-15", "page": 23, "text": "need funding; stated this is a good opportunity for a prioritization discussion; the\ndiscussion should begin with the Recreation and Parks Commission; there are no plans\nfor taking down Building 29.\nMayor Ezzy Ashcraft inquired whether the item should be heard by the Recreation and\nParks Commission first.\nCouncilmember Oddie responded as long as there is a specific date; Item 6 of the\nreport should not be taken out, but can be listed as potential demolition; inquired when\nthe priority session would occur.\nThe Recreation and Parks Director responded the Commission can hear the item in\nDecember; stated based on the conversation, the item can be brought back to Council\nin January or February.\nMayor Ezzy Ashcraft inquired whether the direction to staff is sufficient.\nCouncilmember Vella responded in the affirmative; stated a parallel track exists if a\ncommunity group is willing to work on the project.\nMayor Ezzy Ashcraft stated those interested can reach out to the Recreation and Parks\nDirector.\nCOUNCIL COMMUNICATIONS\nNone.\nADJOURNMENT\nThere being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 12:30\na.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\n21\nOctober 15, 2019", "path": "CityCouncil/2019-10-15.pdf"}