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2017-06-06 Regular CC MinutesRegular Meeting Alameda City Council June 6, 2017 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 6, 2017- -7:00 P.M. Mayor Spencer convened the meeting at 8:30 p.m. and led the Pledge of Allegiance. ROLL CALL - Present: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and Mayor Spencer – 5. Absent: None. AGENDA CHANGES (17-337) Mayor Spencer stated the agenda indicated the joint meeting would be heard after the rent item [paragraph no 17-351], but she would like to hear the full regular meeting before the joint meeting. Councilmember Ezzy Ashcraft suggested keeping the agenda as written to hear the budget [paragraph no 17-368] on the joint meeting. Mayor Spencer stated there are a lot of speakers for the cannabis referral [paragraph no 17-360]; proposed changing the order. Councilmember Matarrese stated the budget is more important than the referral; there is already Council direction on the referral; a similar referral was given a medium priority on the priority setting session; he would prefer hearing the budget before the refe rral. Mayor Spencer inquired whether the budget needs to be heard, to which the City Manager responded in the affirmative. Councilmember Ezzy Ashcraft concurred with Councilmember Matarrese. Councilmember Ezzy Ashcraft moved approval of keeping the agenda as written hearing the Successor Agency to the Community Improvement Commission (SACIC) meeting after the rent item. Councilmember Matarrase seconded the motion. Under discussion, Vice Mayor Vella stated that she concurs with Councilmember’s Matarrase and Ezzy Ashcraft; noted that the transportation referral [paragraph no 17- 361] has been withdrawn. Mayor Spencer inquired whether Council should still hear the cannabis referral tonight or continue the matter to the next Council meeting. The City Manager responded a cannabis referral is already scheduled for the second meeting of July; response to the previous referral will be heard the first meeting in Regular Meeting Alameda City Council June 6, 2017 2 September if the matter is pushed due to a full agenda. Mayor Spencer stated Council did not give clear direction on the matter; before the matter returns to Council, she would like to know whether a majority of Council supports having cannabis dispensaries in town. Councilmember Oddie moved to call question. Vice Mayor Vella seconded the motion to call the question, which carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. On the call for the question regarding the original motion on the order of hearing agenda items, the motion carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (17-338) Proclamation Declaring June 2017 as Elder Abuse Awareness Month. Mayor Spencer read the proclamation and presented it to Dena Aindow, District Attorney’s Office, and Colette Lee, Adult Protective Services. (17-339) Proclamation Declaring June 2017 as Lesbian, Gay, Bisexual Transgender and Questioning (LGBTQ) Pride Month. Mayor Spencer read the proclamation. Members of the LGBTQ Round Table Gene Kahane, Olivia Higgins, and Laura Rose made brief comments and did not accept the proclamation. Mayor Spencer presented the proclamation to members of the public who made brief comments which were not captured by the microphone. ORAL COMMUNICATIONS, NON-AGENDA (17-340) Iulia Moldovan expressed concerns over the different hate crimes going on around the world; stated Alameda values love, inclusiveness, compassion and non- violence; requested a moment of silence for lives lost. CONSENT CALENDAR Mayor Spencer announced that the Pacific Gas and Electric (PG&E) Agreement [paragraph no. 17-345] and the Rent Services Agreement [paragraph no. 17-351] were removed from the Consent Calendar for discussion. Regular Meeting Alameda City Council June 6, 2017 3 Councilmember Matarrese recused himself from voting on the sewer pump station resolutions [paragraph no. 17-344] and [paragraph no 17-344 A]. Councilmember Ezzy Ashcraft moved approval of the remainder of the Consent Calendar. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*17-341) Minutes of the Special and Regular City Coun cil Meetings Held on May 2, 2017. Approved. (*17-342) Ratified bills in the amount of $2,428,640.02. (*17-343) Resolution No. 15266, “Authorizing the Filing of Applications for Funding Assigned to the Metropolitan Transportation Commission, Committing Any Necessary Local Matching Funds and Stating Assurance to Complete the Central and Clement Avenue Complete Street Projects and the Citywide Resurfacing Project.” Adopted. (*17-344) Resolution No. 15267, “Accepting a Grant of Easement to the City of Alameda from the First 5 Alameda County for a Sewer Pump Station and Related Public Utility Purposes Located within Lot 1 of Parcel Map 5435 and Directing the Recording of the Grant of Easements.” Adopted; and (*17-344A) Resolution No. 15268, “Accepting a Grant of Easement to the City of Alameda from the Seastrand Owners Association for a Sewer Pump Station and Related Public Utility Purposes Located within Lot A of Tract 4382 and Directing the Recording of the Grant of Easements.” Adopted. [Note: Councilmember Matarrese recused himself.] (17-345) Recommendation to Authorize the City Manager to Execute a Gas Service Operations and Maintenance Agreement with PG&E at Alameda Point. The Base Reuse Director gave a brief presentation; requested Council autho rize the City Manager to make changes to Exhibit E. Councilmember Matarrese moved approval of authorizing up to $10,000 in additional funding over the budget and approve the agreement with PG&E. Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote - 5 (*17-346) Recommendation to Award a Contract in the Amount of $165,636 Including Contingencies to MV Transportation, Inc. for the Operation of the Alameda Paratransit Regular Meeting Alameda City Council June 6, 2017 4 Shuttle (Alameda Loop Shuttle). Accepted. (*17-347) Resolution No. 15269 “Authorizing the City Manager to Submit a Request to the Metropolitan Transportation Commission for the Allocation of $222,279 in Fiscal Year 2017-2018 for the Cross Alameda Trail Project Between Main Street and Constitution Way per Transportation Development Act Article 3 for Pedestrian/Bicycle Project Funding and to Execute All Necessary Documents." Adopted. (*17-348) Recommendation to Authorize the City Manager to Execute a Water Infrastructure Agreement for Alameda Point with East Bay Municipal Utility District (EBMUD) to: (1) Address the Implementation of New Water Infrastructure in the Reuse Area; and (2) Extend the Existing Short-Term Maintenance and Operations Agreement for the Existing Water System and (3) Accept Credits in System Capacity and Wastewater Capacity Fees from EBMUD. Accepted. (*17-349) Recommendation to Authorize the City Manager to Enter into an Agreement with Roux Associates, Inc. in the Amount of up to $273,866 in Fiscal Year 2017-2018, Renewable Annually by the City Manager for up to Four Additional Years for a Total Compensation of $1,369,330 for Environmental/Hazardous Materials Consulting Services at Alameda Point and Various Transportation Projects. Accepted. (*17-350) Recommendation to Approve a Two-Year Staffing Services Agreement between the City of Alameda and the Housing Authority to Provide: 1) Housing Services on behalf of the City, and 2) Additional Policing Services for the Housing Authority. Accepted. (17-351) Recommendation to Approve a 36-month Services Agreement between the City of Alameda and the Housing Authority for $1,152,116 (Fiscal Year (FY) 2017-18, with 3% Annual Adjustments for FY 2018-19 and FY 2019-20) to Administer the Rent Review, Rent Stabilization and Limitations on Evictions Ordinance as Amended for the City of Alameda. Expressed concerns about the cost; urged Council to look at the agreement and cost to ensure the public does not have to pay in the end : Alan Teague, Alameda. The City Manager stated the agreement is on a reimbursement basis; the fee schedule is calculated using the previous year; savings would be reflected in the new fee schedule the following year. Mayor Spencer inquired whether the money will be paid out of the General Fund, to which the City Manager responded in the affirmative; stated the matter is on the agenda to establish fee for each unit. Mayor Spencer inquired how the program will be paid for if the motion fails. The City Manager responded that the City has committed to implementing the rent Regular Meeting Alameda City Council June 6, 2017 5 stabilization ordinance regardless of the funding. Councilmember Matarrese moved approval of the staff recommendation. Councilmember Ezzy Ashcraft seconded the motion, which carried by unanimous voice vote – 5. (17-352) Resolution No. 15270, “Requesting and Authorizing the County of Alameda to Levy a Tax on All Real and Personal Property in the City of Alameda as a Voter Approved Levy for the General Obligation Bonds Issued Pursuant to a General Election Held November 7, 2000 for the Alameda Library.” Adopted. REGULAR AGENDA ITEMS (17-353) Introduction of Ordinance Approving a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a Lease with Saildrone, Inc. a Delaware Corporation, for a Five-Year Lease with Two Five-Year Extension Options and a Right of First Negotiation for the Purchase of Building 12 Located at 1050 West Tower Avenue at Alameda Point. [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities.] Introduced. The Assistant Community Development Director gave a brief presentation. Councilmember Ezzy Ashcraft gave a brief description of what Saildrone does. Councilmember Ezzy Ashcraft moved introduction of the ordinance. Vice Mayor Vella seconded the motion. Under discussion, Mayor Spencer encouraged people to visit Saildrone to see their products. On the call for the question, the motion carried by unanimous voice vote – 5. (17-354) Recommendation to Authorize the City Manager to Execute an Alameda Animal Shelter Services Agreement and a Lease Agreement with the Friends of the Alameda Animal Shelter (FAAS) for an Amount Not to Exceed $804,300 in Fiscal Year (FY) 2018-19 with an Escalator for the Second Year, plus $45,000 for Capital Improvements in FY 2017-18. The City Manager gave a Power Point presentation. Councilmember Ezzy Ashcraft inquired whether there is a Memorandum of Understanding (MOU) with Alameda Point Collaborative. Regular Meeting Alameda City Council June 6, 2017 6 The City Manager responded in the affirmative; stated under Council directive, the Alameda Point Collaborative members will work with FAAS; a separate MOU, not involving the City, was done between the two organizations. Thanked the Council and City staff for their support: John Lipp, FAAS. Vice Mayor Vella thanked staff, Mr. Lipp and the FAAS board for working together on the agreement. Councilmember Oddie stated the community needs to find a way to fund a new building for the shelter. Mayor Spencer thanked the volunteers at the animal shelter; stated she would support improving the facility; she will support the issue but would have supported greater funding for the shelter. Councilmember Matarrese moved approval of the services agreement. Mayor Spencer seconded the motion, which carried by unanimous voice vote – 5. Councilmember Matarrese moved approval of the lease. Mayor Spencer seconded the motion, which carried by unanimous voice vote – 5. (17-355) Recommendation to Receive the Rent Program Regulatory Fee Study; (17-355A) Resolution No. 15271, “Adopting a Program Fee to Implement and Administer the City’s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance, as Amended, and Implementing Policies .” Adopted; and (17-355B) Ordinance No. 3180, “Ordinance Amending the Alameda Municipal Code by Amending Various Sections of Article XV of Chapter VI Concerning (1) Review of Rent Increases Applicable to All Rental Units and Rent Stabilization Applicable to Certain Rental Units and (2) Limitations on Evictions and the Payment of Relocation Assistance Applicable to All Rental Units (Eliminating “No Cause” Ground for Eviction).” Finally passed. The Community Development Director gave a presentation, including correcting language in Section 6-58.170.A of the ordinance to change “need not be included” to read “shall not be included.” Mayor Spencer inquired whether relocation fees have to be paid if a tenant voluntarily leaves the unit; stated the answer now seems to be diffe rent than the last meeting. The Community Development Director responded if a tenant leaves at the end of a fixed term lease, they are not entitled to relocation benefits; if a tenant leaves at the end of a subsequent fixed term lease, they are entitled to relocation benefits. Regular Meeting Alameda City Council June 6, 2017 7 Mayor Spencer inquired whether language is clear in Section 6 -58.150.F; inquired whether the relocation benefits apply if the tenancy is month to month. The Community Development Director responded a month to month tenancy is not a fixed term lease. Mayor Spencer stated the language reading “end of a tenancy” is confusing; inquired if the tenant leaves on their own at the end of a tenancy are they entitled to relocation fees. The Community Development Director responded in the negative; stated at the end of a fixed term lease, a tenant is entitled to relocation benefits; if the tenant is terminated [for cause] they are not entitled to relocation benefits. Mayor Spencer stated the wording needs to be clarified; the ordinance reads “…fixed term lease or otherwise;” the word otherwise is not clear. The Community Development Director responded the intent is at the end of a subsequent lease, the tenant is entitled to relocation benefits; when a tenant converts to month to month, they are only entitled to relocation benefits for an owner move in or the Ellis Act. Mayor Spencer stated “…or otherwise” is confusing. Councilmember Ezzy Ashcraft inquired what is “…or otherwise” referring to. The City Attorney responded Mayor Spencer and Councilmember Ezzy Ashcraft are correct and the language should clarify the relocation fees apply at the end of a subsequent fixed term lease; the word “otherwise” should be removed. Mayor Spencer inquired whether if the tenant leaves on their own , prior to the end of a fixed term lease, then other conditions apply. The Community Development Director responded in the affirmative; stated a tenant is not entitled to relocation benefits if they decide to leave prior to the end of a fixed term lease. Mayor Spencer stated the wording needs to be clear. The Community Development Director responded the City Attorney’s proposed edits are to strike the word “whether” in front of “by a subsequent lease” and strike the word “or otherwise;” the changes would result in striking three words. Mayor Spencer inquired whether the language would read “at the end of a fixed term tenancy.” Regular Meeting Alameda City Council June 6, 2017 8 The City Attorney responded the last words should read, “…at the end of that subsequent fixed term tenancy.” The Community Development Director continued the presentation regarding the program fee. Mayor Spencer inquired how the landlord could collect the program fee if the tenant does not pay their portion. The Community Development Director responded the landlord would nee d to take the tenant to small claims court; stated the landlord is obligated to pay the fee. Mayor Spencer inquired whether the program fee can be an obligation from the tenant directly to the City for the tenant half ; stated the program is supposed to benefit the landlord and the tenant; inquired whether both landlord s and tenants can be independently obligated to pay the City. The Community Development Director responded other cities processes their program fee in the same manner; stated the request would increase costs due to increased staff time. Mayor Spencer inquired whether there is a way to have the program fee set up automatically online by the administrating department. The Community Development Director responded that the Finance Department will be in charge of billing and collection of the program fee; a new database would have to be set up for said request. The City Manager stated there is a privacy and data collection issue with regards to the tenants. Mayor Spencer inquired if the fee is $5.00 a month and the tenant does not pay the first month, what recourse does the landlord have. The Community Development Director responded that the program fee of $122.00 a unit is the obligation of the landlord to the City; stated one half of the cost can be passed on to the tenant at the landlord’s discretion. Vice Mayor Vella inquired how the program fee will be billed; stated she sees a lot of problems with the implementation of the program from the landlords perspective. The Community Development Director responded the program fee will be billed as part of the business license fee; stated single family rentals that do not pay a business license fee will receive a standalone bill from the Finance Department. Regular Meeting Alameda City Council June 6, 2017 9 Councilmember Ezzy Ashcraft inquired if a tenant were to utilize RRAC services, would staff first determine if the landlord is current in paying the program fee. The Community Development Director responded that the Council could require said directive in the ordinance. Mayor Spencer inquired whether Council could consider requiring the tenant to be current in paying the program fee. The City Attorney responded the landlord is required to pay the fee to the City, not the tenant; stated if the landlord wants to pass on half the fee to the tenant, they can do so. Mayor Spencer inquired whether the landlord would have to give notice to the tenant that they are responsible for half of the program fee. The City Attorney responded that when the landlord gives notice to the tenant regarding the rent amount, the amount could include up to 50% of the program fee ; the fee is not counted towards the 5% rent increase. Mayor Spencer inquired whether the amount would need to be paid prior to utilizing RRAC. The City Attorney responded if the total amount of rent due is $1,200.00 and all the tenant pays is $1,000, then the tenant has not paid the entire rent; there is no way to track whether the fee has been paid or not since it is included in the rent. Mayor Spencer inquired whether staff is envisioning the program fee as part of the total rent owed, not the total rent plus 50% of the fee. The City Attorney responded in the affirmative. Councilmember Ezzy Ashcraft inquired whether the fee is not included as part of the calculation of the base rent. The City Attorney responded in the affirmative; stated the fee is not counted in the up to the 5% increase. Vice Mayor Vella inquired whether a landlord adding a 50% of the fee to the 5% rent increase would trigger the one time increase in 12 months. The Community Development Director responded the fee would be separate from rent; the City Attorney is saying the landlord could choose to include the fee as part of the rent. Vice Mayor Vella inquired whether the landlord could implem ent two separate increases; stated the increase would contradict the provision in the ordinance that Regular Meeting Alameda City Council June 6, 2017 10 allows for only one 5% increase in a 12 month period. The City Attorney responded the landlord would decide to pass it on at the time of the rent increase; the cost recovery of the fee would not be a part of the 5% rent increase. Mayor Spencer inquired whether 50% of the program fee counts as part of the 5% rent increase allowable by the landlord. The City Attorney responded if the landlord is going to pass on the fee to the tenant, they would need to notify the tenant; stated the program fee would not count towards the 5% rent increase calculation. Mayor Spencer inquired whether the tenant portion of the program fee would count as the one time per year rent increase, to which the City Attorney responded in the negative. Vice Mayor Vella inquired whether the City views the program fee as part of a rent increase relative to whether or not the landlord makes a decision to pass on the fee; requested clarification whether the fee counts towards the one rent increase per 12 month period and if a failure to pay would be a violation of the lease and subject to just cause. The Community Development Director responded that landlords can add the program fee to the rent only once a year when the rent increase is done. Vice Mayor Vella inquired about the failure to pay. The City Attorney responded if a tenant fails to pay the full rent, it is considered failure to pay and can be cause for eviction. Councilmember Oddie inquired about a tenant not paying a fee, to which the City Attorney responded the landlord is responsible for paying the fee; stated the landlord can then pass part of that cost on to the tenant as rent; a tenant cannot pay a portion of the rent and say they are not paying the fee; they are not paying the rent. Mayor Spencer inquired whether landlords that have done a rent increase in the last 12 months would have to wait until the next 12 month period to add the fee to the tenants rent, to which the City Attorney responded in the affirmative. Mayor Spencer inquired whether there could be an exception for applying the fee. The City Attorney responded the resolution could be changed; stated half of the $122 fee can be charged to the tenant; the landlord is allowed to increase the rent once in a 12 month period. The Community Development Director stated staff can report back with the Regular Meeting Alameda City Council June 6, 2017 11 implementation details; recommend that the resolution be adopted now and staff return upon implementation of the program fee. Councilmember Ezzy Ashcraft inquired whether the program fee could be included the next time a lease is renewed. The Community Development Director responded the obligation to pay the fee is that of the landlord. Councilmember Ezzy Ashcraft clarified that the question is the fee can be split between the landlord and tenant, yet a rent increase is not allowed more than once in a 12 month period. The Community Development Director responded the landlord would have to wait until the next lease signing to pass on the fee; inquired whether the Council direction is to request the program fee be passed through the next lease term. Mayor Spencer stated there is no Council direction, only clarifying questions. Councilmember Oddie stated that he is unclear whether the same process is utilized in other cities; inquired whether a landlord could apply the fee retroactively or only going forward. The Community Development Director responded that she is unclear about applying the fee retroactively; stated the landlord is obligated to pay the fee. The City Attorney stated the direction could be to not allow the fee to be retroactive and only allow the landlord to pass on the fee for the current year. The Community Development Director stated the recommendation is to adopt the resolution setting the program fee; if the program fee is not adopted, annual cost of $1.6 million would have to be picked up from the General Fund. Mayor Spencer inquired whether Council would like to change the speaker time to 2 minutes instead of 3. Councilmember Ezzy Ashcraft responded the topic is very important and speakers should be allowed to have the full 3 minutes. Expressed concern with the fee study and Section 8 voucher units; requested clarification on the fixed term lease relocation fees: Alan Teague, Alameda. Stated that she voted for Measure L1; relocation fees are a problem for small landlords; passing the ordinance will make small landlords withdraw from the rental market and place a financial hardship on them: Sarah Murray, Alameda. Regular Meeting Alameda City Council June 6, 2017 12 Stated the purpose of relocation fees are for a tenant who has been forced out of a unit by a landlord; the way the ordinance is written is not where a tenant is being forced out; the ordinance violates the will of the voters; the landlords are returning the issue to the voters: Greg McConnell, Alameda Housing Providers Association (AHPA). Stated Measure L1 was passed by the voters by a large margin; adding the program fee to the business tax will make the difference a 500% increase; the relocation fees are too extreme; as a landlord, he feels he is being treated unfairly: Anthony Charvet. Stated rent control restrictions make it difficult for landlords; the program fee is very difficult to collect from the tenants: Daniel Lee. Stated just cause evictions make it difficult for landlords to evict problem tenants : Malcom Lee. Stated there are many repercussions from allowing just cause evictions : Barbara Rasmussen. Stated allowing just cause keeps people in the comm unity; urged Council to pass the ordinance: Cheri Johansen, Alameda Progressives. Stated that he supports a referendum; the am endments will cause displacement and make it difficult for small landlords: Cross Creason. Stated Measure L is was passed by vot ers; voters feel they have been betrayed by Councilmembers: Ron Bain, AHPA. Urged Council not to approve the ordinance; expressed concerns with the program fee ; stated the fee is actually a fine to landlords: Lester Cabral, Alameda. *** (17-356) Mayor Spencer stated a motion is needed to consider the remaining agenda items: the joint meeting items and referrals. Councilmember Ezzy Ashcraft moved approval of considering the joint meeting items. Mayor Spencer moved approval of hearing all of the remaining items, which failed for a lack of second. Vice Mayor Vella seconded Councilmember Ezzy Ashcraft’s motion, which carried by the following voice vote: Ayes: Councilmember Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. *** Expressed concerns with Council making amendments to the ordinance ; stated the impact of rent control in other cities has caused limited or unaffordable housing; the Regular Meeting Alameda City Council June 6, 2017 13 amendments are a burden on small landlords: Eric Grunseth. Following brief comment regarding responding to speakers, the City Attorney noted Vice Mayor Vella is not a landlord. Stated the only amendment in the ordinance is changing no cause eviction to just cause evictions; due to Council making amendments to the ordinance, tenants can feel secure in their homes: Erik Strimling, Alameda Renters Coalition (ARC). Stated there are too many changes to the rent ordinance; there is no need for radical rent control; the amendments to the ordinance will shrink the rental market in Alameda : Marilyn Schumacher, Alameda. Stated the citizens of Alameda already voted for Measure L1; urged Council to leave the ordinance as is: Valerie Ruma, Alameda. Stated the citizens of Alameda voted overwhelmingly for Measure L1; just cause evictions will make it difficult for landlords to evict problem tenants; urged Council to not change the ordinance until all the data is in: Former Councilmember Tony Daysog, Alameda. Stated the elected officials are ignoring the vote of the people ; her rental units are below market value; urged Council to not change the ordinance: Nancy Hird, Alameda. Urged Council to pass the just cause evictions; stated Alameda has racially coded rhetoric; many of the mailers during the election referred to M1 supporters as criminals: Rasheed Shabazz, Alameda. *** Mayor Spencer called a recess at 10:52 p.m. and reconvened the meeting at 10:57 p.m. *** *** (17-357) Mayor Spencer stated a motion is needed to continue the meeting past 11:00 p.m. Councilmember Matarrese moved approval of continuing the meeting. Councilmember Ezzy Ashcraft seconded motion, which carried by the following voice vote: Ayes: Councilmember Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. *** Urged Council to make the program fee an even number; requested the changes be made in a slow manner to allow landlords to keep their properties : Janet Gibson, Alameda. Regular Meeting Alameda City Council June 6, 2017 14 Stated that he is not in favor of the ordinance; expressed concern for the landlord having to pay relocation fees on a Governmental Order to Vacate : Carl Searway, Alameda. Mayor Spencer questioned whether Council wants to make any changes to the language other than those made earlier. Mayor Spencer stated that she will not support changing the ordinance; Measure L1 passed with overwhelming support; Council worked very hard to fashion an ordinance that is a compromise; tenants and landlords did not receive everything they wanted; read the argument in favor of Measure L1 ; stated Councilmember Ezzy Ashcraft and Councilmember Oddie are refusing to honor their own words from the argument in favor of Measure L1. Councilmember Ezzy Ashcraft stated that she is concerned for families with small children and seniors; she supports just cause eviction; tenants are afraid to report needed repairs to landlords for fear of eviction; expressed concerns for mom and pop landlords regarding relocation fees; stated that she would like to sit down with renters and landlords to hear from both sides; she cannot support mass evictions; inquired whether the $20.00 business license fee is comparable to other cities. The Community Development Director responded the fee is a tax, which is very low. The Assistant City Manager noted changing the fee amount would require a vote of the people. Councilmember Ezzy Ashcraft stated housing is a very important basic right; she is open to suggestions from small mom and pop landlord regarding solutions on how to address the relocation fees; she does not advocate for the Housing Authority formula for calculating relocation fees. Vice Mayor Vella noted she is not a landlord; stated people are protesting the relocation fees and relocation fees have not changed; she is confused by people trying to make Ordinance 3148 a Charter amendment; a Charter amendment would make the changes that people are complaining about permanent; she has not heard a valid reason for a landlord to evict a tenant for no cause; fear can be a weapon used to prevent tenants from coming forward with habitability issues; she would like staff to review how other cities are doing the program fee; she is ready to move forward with the ordinance as amended. Councilmember Matarrese stated the just cause eviction is a complex dynamic for landlords and tenants; inquired whether Council could separate the vote on the ordinance and the program fee; stated the program fee should be lower and an even number; he will not support the ordinance, but will support the fee; would like to review outcomes and be ready to make adjustments based on outcomes. Regular Meeting Alameda City Council June 6, 2017 15 Councilmember Oddie stated that he would like to bifurcate the vote also; even though he did not vote to put Measure L1 on the ballot, he stepped up to write a professional, easy to understand argument for Measure L1; the ordinance has a sunset and will eventually show if just cause and other provisions are working; he takes issue with a landlord saying Alameda renters are wanna be Alamedan’s; rules are there not to punish good landlords, but to protect tenants; tenants can still be evicted with just cause evictions; requested staff to develop regulations on the program fee; he supports adopting the amendments. Mayor Spencer clarified to suggest that she is applying rules differently to people of color is not appropriate coming from a white man to a Mexican woman. Councilmember Oddie responded Mayor Spencer allowed Robert Sullwold exceed the time limit by 20 seconds. Mayor Spencer stated she has been very fair in how she runs the Council meetings. Councilmember Oddie responded that is a matter of opinion. Mayor Spencer stated race should not be brought up. Councilmember Ezzy Ashcraft inquired whether Councilmember Matarrese has any suggestions on an alternative to not give a false sense of security, to which Councilmember Matarrese responded in the negative. Councilmember Ezzy Ashcraft inquired whether Councilmember Matarrese believes any part of San Francisco’s situation stems from the percentage increase amount allowed for rent control; stated San Francisco is not comparable to Alameda’s ordinance. Councilmember Matarrese responded Alameda is very similar to San Francisco as a very desirable place to live, which drives up rents and gentrification; stated that he does not have an answer but he cannot support something that has been shown not to deliver what is being said it will deliver. Councilmember Ezzy Ashcraft stated San Francisco allows a very small percentage increase on rent from one year to the next which is unlike what Alameda is doing. Councilmember Matarrese stated his comments are directed to just cause evictions. Councilmember Ezzy Ashcraft stated that she agrees with Councilmember Matarrese’s suggestion to separate the vote on the ordinance and the program fee. Councilmember Matarrese moved approval of the program fee of $120.00, as recommended in the staff report [adoption of the resolution] to be evaluated at the end of one year. Regular Meeting Alameda City Council June 6, 2017 16 Councilmember Ezzy Ashcraft seconded the motion, which carried by the following voice vote: Ayes: Councilmember Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. Councilmember Ezzy Ashcraft moved introduction of the ordinance adopting the rent stabilization and limitations on evictions, as amended, and implementing policies. Councilmember Oddie seconded the motion, which carried by the following voice vote: Ayes: Councilmember Ezzy Ashcraft, Oddie and Vella – 3. Noes: Councilmember Matarrese and Mayor Spencer – 2. *** Mayor Spencer called a recess at 11:48 p.m. to call the joint meeting and reconvened the meeting at 12:32 a.m. *** CITY MANAGER COMMUNICATIONS (17-358) The City Manager stated the referral for affordable and inclusionary housing will come to Council after the Planning Board makes a recommendation; the State is reviewing Single Payer healthcare to meet objectives for local control and fiscal sustainability for rising medical costs and addressing the needs of those in need. Councilmember Matarrese inquired when a recommendation on healthcare would come to Council. The City Manager responded the Council already gave the staff aut hority to support the matter. In response to Councilmember Oddie’s inquiry about climate change, the City Manager stated the Mayor and the City have been asked to join the U .S. Mayor’s Climate Accord; the City will move forward with the Climate Action Plan regardless of what happens at the federal level and the Paris accord ; Mayor Spencer signed on with staff endorsement. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS (17-359) Consider Directing Staff to Create a “Straws on Request” Ordinance. (Mayor Spencer) Not heard. (17-360) Consider Directing Staff to Propose Regulations to Authorize Convenient and Regular Meeting Alameda City Council June 6, 2017 17 Safe Cannabis Businesses in Alameda. Not heard. (17-361) Consider Directing Staff and the Transportation Commission to Analyze Traffic Calming Solutions at the Intersection of Santa Clara Avenue and Sherman Street. WITHDRAWN. (Vice Mayor Vella) COUNCIL COMMUNICATIONS (17-362) Councilmember Matarrese stated that he represented Alameda in the Association of Bay Area Governments (ABAG) General Assembly; per the direction of Council, he cast a no vote against the current budget and work program; the work program did not meet the needs described in the staff report. Mayor Spencer thanked Councilmember Matarrese for representing Council. Councilmember Matarrese stated the ABAG Director indicated ABAG and MTC will be officially merged as of July 1st; the work plans will be going through another refinement. (17-363) Councilmember Ezzy Ashcraft announced that she attended the Alameda County Lead Abatement Meeting. (17-364) Consideration of Mayor’s Nominations for Appointment to the Commission on Disability Issues, Golf Commission, Historical Advisory Board, Library Board, Planning Board, Public Art Commission, Public Utilities Board (PUB), Rent Review Advisory Committee (RRAC), Social Service Human Relations Board (SSHRB) and Transportation Commission. Mayor Spencer nominated Ann McCormick for reappointment the PUB, Christopher Griffiths for reappointment to the RRAC, Sarah Murray for appointment to the RRAC, and Claudia Medina for appointment to the SSHRB. ADJOURNMENT There being no further business, Mayor Spencer adjourned the meeting at 12:42 a.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.