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2018-07-24 Regular CC MinutesRegular Meeting Alameda City Council July 24, 2018 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JULY 24, 2018- -7:00 P.M. Mayor Spencer convened the meeting at 7:13 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 (18-422) Councilmember Oddie requested the meeting be adjourned in memory of BART victim Nia Wilson. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (18-423) Councilmember Oddie made an announcement that he finished his last radiation treatment for skin cancer; urged everyone to have lumps or spots checked. Mayor Spencer made brief comments. (18-424) Proclamation Declaring June through August as Play Ball Summer 2018. Mayor Spencer read the proclamation and presented it to Recreation and Parks Department coaching staff. (18-425) Presentation of Certificates to Economic Development Strategic Plan Task Force Members. The Development Manager made brief comments. Mayor Spencer presented the certificates to the Task Force members. ORAL COMMUNICATIONS, NON-AGENDA (18-426) Toni Grimm, Alameda, discussed a potential recall effort against Vice Mayor Vella; stated Vice Mayor Vella was cleared by the investigation; noted a recall signer has also targeted Assemblymember Bonta; expressed concern over ethnicity being the crux of the issue. (18-427) Mark Hersman, Alameda, discussed the Jill Keimach investigation; urged Councilmembers Vella and Oddie be indemnified against the unfounded charges and their legal expenses be reimbursed. (18-428) Steve Slauson, Alameda, stated that he wrote a letter to the City on behalf of Regular Meeting Alameda City Council July 24, 2018 2 concerned citizens who are furious about the settlement agreement reache d with the former City Manager, requesting money be taken from the Fire Department budget, two Fire Stations be closed, and half of the Fire Department be laid off. (18-429) Denyse Trepanier, Alameda, stated the Council received a letter signed by many Alameda residents asking the Council not to indemnify Vice Mayor Vella for her expenses incurred defending herself against the charges levied by the former City Manager; Vice Mayor Vella was cleared of any wrong doing; not indemnifying the wrongly accused would have a very chilling effect on potential candidates. CONSENT CALENDAR The City Clerk clarified the All City Management Services agreement [paragraph no. 18- 432] amount is corrected to $305,820 for a total of $829,371 and announced there are speakers on the Park Engineering contract [paragraph no. 18-433]; the grant funding resolution [paragraph no. 18-437]; the resolution regarding the federal bills for the Chinese American World War II Veterans Congressional Gold Medal Act [paragraph no. 18-439]; and final passage of the ordinance [paragraph no. 18-440]. Councilmember Oddie moved approval of the remainder of the Consent Calendar. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*18-430) Minutes of the Special and Regular City Council Meetings and Joint City Council and Successor Agency to the Community Improvement Commission Meeting Held on June 19, 2018; and the Special City Council Meeting Held on July 5, 2018. Approved. (*18-431) Ratified bills in the amount of $4,890,560.02. (*18-432) Recommendation to Authorize the Acting City Manager to Enter into a Memorandum of Understanding (MOU) with the Alameda Unified School District (AUSD) to Accept $86,970 for Crossing Guard Services; and Approve a Second Amendment to All City Management Services Incorporated Extending the Term 12 Months and Adding the Amount of $284,000 for a Total Contract Amount of $807,501 for Crossing Guard Services. Accepted. [Note: The amount was corrected to $305,820 for a total contrac t of $829,371] (18-433) Recommendation to Award a One-Year Contract in the Amount Not to Exceed $261,544, including Contingency, to Park Engineering for Construction Management Services during the Construction Phase for the Cross Alameda Trail Project (Main Street to Constitution Way), No. P.W. 03-18-11; and Receive an Update on the Status of Completion of the Cross Alameda Trail (Main Street to Constitution Way). Regular Meeting Alameda City Council July 24, 2018 3 Stated the component is critical to the Cross Alameda Trail; Bike Walk Alameda supports the project: Densye Trepanier, Bike Walk Alameda. Vice Mayor Vella moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote – 5. (*18-434) Recommendation to Award a One-Year Contract, with the Option for Three One-Year Extensions, for an Amount Not to Exceed $71,971, Including a 20% Contingency, for a Total Four-Year Expenditure not to Exceed $296,640 to Blue Flame Crew West for the Operation and Maintenance of Doolittle Landfill. Accepted. (*18-435) Recommendation to Award a One-Year Contract, with the Option for Four One-Year Extensions, for an Amount Not to Exceed $363,354, for a Total Five-Year Expenditure Not to Exceed $1,890,911, to Imperial Maintenance for Janitorial Services for Various City Facilities. Accepted. (*18-436) Resolution No. 15414, “Granting Three Water Line Easements to East Bay Municipal Utility District Across City-Owned Property Within Alameda Point; and Recommendation to Authorize the Acting City Manager to Execute Any and All Ancillary Documents and Directing the Recording of the Grant of Easements for Installation of New Water Main Service.” Adopted. (18-437) Resolution No. 15415, “Authorizing the Acting City Manager to Execute Documents Necessary to Accept Grant Funding from the Alameda County Transportation Commission (ACTC) for the Clement Avenue East Extension and Tilden Way Project; and Increasing the Fiscal Year 2018-19 Capital Projects Fund Budget for Clement Avenue and Tilden Way Complete Streets Project (91820) by $445,000 Funded by the Gas Tax Fund and Construction Improvement Tax Fund.” Adopted. The public speaker decided not to comment. Councilmember Ezzy Ashcraft moved adoption of the resolution. Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5. (*18-438) Resolution No. 15416, “Authorizing the Acting City Manager, or Her Designee, to Negotiate and Execute Purchase Agreements Not to Exceed $268,000 for the Replacement of Six Police Department Vehicles and One Police Motorcycle.” Adopted. (18-439) Resolution No. 15417, “Supporting House of Representatives Bill 2358 and Senate Bill 1050 the Chinese American World War II Veterans Congressional Gold Medal Act.” Adopted. Regular Meeting Alameda City Council July 24, 2018 4 Urged Council to support the bill to remember and honor the Chinese Americans who served in World War II; provided background information : Roger Dong, American Legion Post 384. Councilmember Ezzy Ashcraft moved adoption of the resolution. Vice Mayor Vella seconded the motion. Under discussion, Mayor Spencer urged people to reach out to elected representatives to urge support. On the call for the question, the motion carried by unanimous voice vote – 5. (18-440) Ordinance No. 3221, “Approving the Alameda Marina Master Plan and Density Bonus Application for the Redevelopment of the Alameda Marina Properties Located at 1815 Clement Avenue (APN 071-0288-003 and 071-0257-004).” Finally passed. Expressed concern over the Alameda Marina dry boat storage going from 300 to 60; stated numbers do not reflect the demand; providing 120 versa docks would be at the expense of wet slips in the Marina; dry storage is not in the Encinal Terminals Master Plan and should be added: Nancy Hird, Save Alamedas Working Waterfront. Councilmember Oddie moved final passage of the ordinance. Councilmember Matarrese seconded the motion. Under discussion, Mayor Spencer stated there have been years of community input; everyone wants a strong marina; the community, developer, Planning Board and Council did the best possible work to figure out the balance of housing; the developer did not seek the maximum housing number allowed under State law; the developer made great accommodations; urged the community to continue to be involved; stated housing for sale and for rent will be available at different price points. On the call for the question, the motion carried by unanimous voice vote – 5. REGULAR AGENDA ITEMS (18-441) Resolution No. 15418, “Appointing Jeffrey Gould as a Member of the Public Utilities Board.” Adopted; (18-441A) Resolution No. 15419, “Appointing Michael Hans as a Member of the Transportation Commission.” Adopted; (18-441B) Resolution No. 15420, “Appointing David Johnson as a Member of the Transportation Commission.” Adopted; Regular Meeting Alameda City Council July 24, 2018 5 (18-441C) Resolution No. 15421, “Appointing Alysha Nachtigall as a Member of the Transportation Commission.” Adopted; and (18-441D) Resolution No. 15422; “Appointing Sharon Nearn as a Member of the Transportation Commission.” Adopted. Stated that he would like to serve to support Alameda M unicipal Power’s climate change efforts: Jeffrey Gould, Community Action for a Sustainable Alameda. Councilmember Matarrese moved adoption of the resolutions. Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5. The City Clerk administered the Oath of Office and presented certificates of appointment to Mr. Gould, Mr. Johnson, Ms. Nachtigall and Ms. Nearn. (18-442) Presentation on Role of TetraTech EC in the Environmental Clean -Up of Alameda Point by the United States Navy. The Acting Assistant City Manager made brief comments. *** Mayor Spencer left the dais at 7:42 p.m. and returned at 7:43 p.m. and left at 7:51 p.m. and returned at 7:52 p.m. *** Anthony Megliola, Navy Base Closure Manager, gave a Power Point presentation. Councilmember Ezzy Ashcraft inquired why finding the anomaly took two years and whether Alameda could expect something similar. Mr. Megliola responded the Navy learned a lot from the experience at Hunters Point; stated fraud was not expected initially; a considerable amount of time was spent working with the contractor in good faith, getting new samples and re -doing field work, which took a significant amount of time. Councilmember Ezzy Ashcraft inquired whether getting information today would take less than two years, to which Mr. Megliola responded the Navy is confident something similar will not occur today at Alameda Point or other Navy installations; stated the Navy has created protections to ensure it will not happen again, which include having an independent third party contractor to oversee radiological work. Councilmember Ezzy Ashcraft inquired whether the third party contractor is doing repeat soil testing, not just reviewing data. Matt Slack, Navy Radiological Affairs Support Office, responded on an as needed basis, Regular Meeting Alameda City Council July 24, 2018 6 the third party contactor performs confirmation sampling; stated the Navy also works with the regulator agencies, the Environmental Protection Agency (EPA) and California Department of Public Health (CDPH), who also collect confirmation sampling. Councilmember Ezzy Ashcraft inquired whether confirmation sampling has been done at Alameda Point following the TetraTech Hunters Point story, to which Mr. Slack responded that he cannot say sampling has been done since the story broke; stated the State of California has done confirmation sampling. Councilmember Ezzy Ashcraft inquired whether the confirmation sampling was at Alameda Point, to which Mr. Slack responded in the affirmative. Councilmember Ezzy Ashcraft inquired whether a scanner van was used at Alameda Point, to which Mr. Slack responded in the negative; stated in 2002 or 2003, the EPA had a van with a very sensitive gamma detector, which could give general area radiation levels; the van was used to analyze the residential part of Hunters Point; the piece of equipment has not been used in Alameda. Vice Mayor Vella inquired whether the two sentenced TetraTech employees, Stephen Rolfe and Justin Hubbard, ever worked at Alameda Point. Mr. Megliola responded the Navy did a detailed analysis and determined one of the employees worked at Alameda Point in the 2007 to 2008 timeframe; stated the work being done was a non-supervisory Radiological Control Technician (RCT) with a different team than the team working at Hunters Point. Vice Mayor Vella inquired whether the third party contractor goes on site and takes samples, to which Mr. Megliola responded the CDPH does its own, independent sampling on certain projects. Mr. Slack stated data is not being collected today; going forward, on an as needed basis, the contract will have independent third party samples. Vice Mayor Vella inquired what would be considered as needed, to which Mr. Slack responded that he is not in a position to respond; stated the sampling is to address concerns and ensure independent data is collected. Vice Mayor Vella inquired whether soil has been moved by TetraTech and , if so, has it been tested. Mr. Megliola responded soil has been moved off of Alameda from different construction projects; stated the majority has been reused at various landfill sites for soil cover; the soil that was moved was scanned on site before leaving; the soil was taken to Idaho and Utah. In response to Councilmember Oddie’s inquiry regarding the job duties of a RCT and Regular Meeting Alameda City Council July 24, 2018 7 whether the work been reviewed, Mr. Slack stated a RCT would be responsible for collecting electronic data in the field or doing field sampling; the activities at Hunters Point were a group, team effort covering each other; operations were not independent; the employee would not have had an impact [in Alameda]; data was being gathered to characterize, not clear sites; the areas have several feet of clean soil on top of the site; even if the employee collected data, the site was never cleared and still has institutional controls. Councilmember Oddie inquired whether someone checked the work back then, to which Mr. Slack responded a deep analysis was done to determine where the employee did the work; the conclusion was drawn that the work done did not have an impact on anything that was cleared. Stated the presentation is disturbing; read from a July 2001 Bay Guardian article; expressed concern over the Fleet Industrial Supply Center annex having a drum of depleted uranium ballast overflowing, everything TetraTech did before 2002 being unreliable, and Shinsei Gardens: Anonymous Speaker, Alameda. Expressed concern about a new nuclear research and development company on the former Base; stated the Navy should admit it cannot clean the site: Robert Todd, Alameda. In response to Mayor Spencer’s inquiry regarding Shinsei Gardens, the Acting Assistant City Manager stated environmental work was done in the area, which has protections and engineering controls; the land has been through the regulatory process and is safe for residents. Mayor Spencer inquired whether or not regulations allow digging, to which the Acting Assistant City Manager responded that she does now know. The Acting City Manager stated staff would review the matter. Mr. Megliola stated that he would be happy to provide details; his recollection is indoor air testing was done and a sub -slab depressurization system was installed to ensure safety. Mayor Spencer requested the information be shared with the public; stated the City is not leasing to the nuclear power company, Kairos Power; requested staff to provide information. The Acting Assistant City Manager stated Kairos Power is a perspective tenant of a master lessor in Building 9; the City has restrictions which prohibit nuclear material from being on the site; the zoning and regulatory process do not allow nuclear material. Mayor Spencer requested information be shared with the public; stated the building is not owned by the City; the owner has leased space to a tenant that has to meet the Regular Meeting Alameda City Council July 24, 2018 8 City’s zoning requirements, which is why the City added conditions. Vice Mayor Vella stated the public is concerned that any accessible land has been checked; her concern is that the individual was working on soil that has been moved; expressed support for additional confirmation sampling; stated remediation firms have learned from what occurred; there is a value in having an independent third party take samples and do testing. Councilmember Matarrese stated work of the individual convicted of falsifying data has to be reviewed. Councilmember Oddie concurred that the individual’s work should be validated. Mayor Spencer briefly discussed the Restoration Advisory Board (RAB). Stated that she has served on RAB since 2010 ; expressed concern over the Council not reporting on RAB activity: Carol Gottstein, Alameda. *** Mayor Spencer called a recess at 8:25 p.m. and reconvened the meeting at 8:34 p.m. *** (18-443) Recommendation to Adopt the Economic Development Strategic Plan (EDSP). The Development Manager made brief comments. Sujata Srivastava, Strategic Economics, gave a Power Point presentation. Mayor Spencer stated the 2001 Plan was revised in 2008; inquired whether the 2008 document was reviewed or if the new EDSP was drafted from scratch. The Development Manager responded a lot of the 2008 goals have been accomplished; stated conditions have changed, so a lot of the background research and information was a new effort. Task Force members John Knox White, Karen Bey and Debi Ryan made brief comments. In response to Councilmember Oddie’s inquiry regarding the locations of zoning inadequacies, the Development Manager stated along the waterfront there are industrial uses, such as Stone Boat Yard and Bay, Ship and Yacht; the areas should be reviewed to ensure the right regulations are in place. Councilmember Oddie inquired whether the Committee suggested review of any of the Mixed Use (MX) zoning sites; stated the Council direction was clear not to do so. Regular Meeting Alameda City Council July 24, 2018 9 The Development Manager responded in the negative. Urged Council to approve the EDSP; expressed support for Vice Mayor Vella serving out her term: Michael McDonough, Chamber of Commerce. Stated the document will be useful going forward; expressed support for data collection: Catherine Pauling, Alameda Renters Coalition. Stated assumptions were made at the first meeting, which did not allow opportunity for other ideas; discussed diversity: Ken Peterson, Alameda. Councilmember Matarrese moved approval of the EDSP as presented. Councilmember Ezzy Ashcraft seconded the motion. Under discussion, Councilmember Oddie stated the report is well done; housing and workforce development are important; expressed support for data collection on rents; discussed the housing crisis and workforce development. Vice Mayor Vella noted that the process changed based on community feedbac k, which created a better, more comprehensive Plan; stated adaptive reuse is going on in Alameda and the region to f ind better, more efficient use of spaces and resources; businesses coming to Alameda need to work with the City and community on transportation and housing; pressure is put on developers, but the conversation needs to continue with businesses; the Plan should be revisited and adapted as needed. Councilmember Ezzy Ashcraft discussed the need for transportation solutions; stated the timeframe to address transportation should be reduced from 15 years; a timeline outlining steps should be provided; everyone needs to support housing solutions. Mayor Spencer expressed concern over the Plan not addressing that Alameda is an Island and peninsula and referencing only Park Street, not Webster Street; stated the report discusses that the City has lost and needs to replenish jobs; the City’s population is closer to 80,000, not 75,000 stated in the report; tourism is improving; discussed School District and Hospital partnerships, job fairs, airport noise, Port of Oakland and Federal Aviation Administration (FAA) partnerships, the internet, shuttles and last mile access; stated Site A affordable housing is short around $40 million; expressed concern over the use of the word “young” to describe workers walking and riding to work; stated the historic districts are important assets which should be called out; expressed support for experiential retail. Councilmember Matarrese stated the Plan should not be put on a shelf; the first Plan was done in 2000 and was measured until the Economic Development Commission was disbanded in 2012; the City took its hands off the steering wheel; tracking the Plan is important. Regular Meeting Alameda City Council July 24, 2018 10 Mayor Spencer inquired whether her comments would be incorporated in the motion, to which Councilmember Matarrese responded the comments are considerations going forward. Mayor Spencer inquired whether changes would not be made in response to the comments, to which Councilmember Oddie responded the comments could be incorporated in the background and the Plan could be adopted as written. Councilmember Matarrese stated that he has no problem with the comments, especially being used a measurement tool; the Plan is written and has been vetted; the background report would be informative as the Plan is tracked. Mayor Spencer stated that she will not support the Plan; she does not think it is appropriate that the Council does not get to provide input. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Vella – 4. Noes: Mayor Spencer – 1. (18-444) Recommendation to Receive a Progress Report on the Public Access Pathways on Fernside Boulevard and East Shore Drive. The Recreation and Parks Director gave a brief presentation. In response to Mayor Spencer’s inquiry regarding Council input, the Recreation and Parks Director stated the matter would come to Council after the Recreation and Parks Commission. Mayor Spencer suggested the matter be on the Council agenda twice; the first time for feedback, followed by a decision; stated that she would like the City to consider doing business in such manner to allow Council to modify documents. The Recreation and Parks Director completed her presentation. Councilmember Oddie inquired what is being done about safety, to which the Recreation and Parks Director responded the Police Department has increased patrol; stated a person was apprehended after a recent incident; neighbors should call the Police as often as needed. Councilmember Oddie stated the neighbors are being subject to problems the longer the matter drags out. The Recreation and Parks Director noted the report includes so me safety recommendations, which can be implemented prior to the full construction. Councilmember Oddie stated that he would like to see action sooner. Regular Meeting Alameda City Council July 24, 2018 11 Discussed a man entering her dock from the water tonight; stated a similar incident occurred two weeks ago; security is an issue; she would like a locking gate: Dona Fisher, Alameda. Stated that he has never observed any crime; the waterfront access points are a wonderful community asset; urged crime data be gathered and the space be kept public: Jeff Wasserman, Alameda. Stated that he questions whether the areas were intended for public access and were actually for disasters; the areas lend themselves to problems; urged a solution be found to address the neighborhood problem: Kevin Peterson, Waterfront Homeowners Association. Mayor Spencer inquired when the Police Department information she requested would be provided, to which the Acting City Manager responded that she is not familiar with the request; stated she would be happy to follow up with the Pol ice Chief. Mayor Spencer stated the information should be made public; that she has heard some of the access point have no crime and others have significant crime; the data will show the activity; if an area is not safe, the Police and Councilmembers need to ensure the safety of the community; the locations are different and might not have a one size fits all solution; data needs to be part of the discussion. Councilmember Ezzy Ashcraft stated different people experience different things; that she looks forward to the community meetings, but wants the issue to move along as expeditiously as possible; having many governing agencies weigh in stretches out the timeline; the Recreation and Parks Commission should do its work, then the matter should come to the City Council once; anything more would be outside procedure, usurps the role of the Commission and would take longer. Mayor Spencer inquired when the Police data would be provided; stated that she does not want to wait two or four months. The Acting City Manager inquired whether Mayor Spencer is requesting the data come back to Council, to which Mayor Spencer responded the information needs to be shared with the public; stated staff needs to figure out a way to address the issue; the matter does not have to come back to Council, but something needs to be done. The Acting City Manager stated gating off the areas would be the way to stop problems , which is not necessarily the best solution. Mayor Spencer stated that she does not know if said statement is true; she does not know when issues are occurring; if problems are occurring later, the area could be closed, similar to Crab Cove; she does not know until data is received; staff should be reviewing the issue and looking at closures. Regular Meeting Alameda City Council July 24, 2018 12 Vice Mayor Vella stated many parks in Alameda are against private property; a gate would stop pedestrian access, but does not stop water access; people launch vessels on both sides of the Estuary, which the City cannot control; getting information out is important; inquired whether signs are on the water side as well as the land, and whether signs are in multiple languages, similar to Alameda Point; stated that she is not of the mindset that everybody be considered a criminal because of being in the wrong place at the wrong time; individuals doing something they should not be doing should be separated from someone who misunderstands; people should not be asked to jeopardize their safety because the City does something that creates a nuisance; discussed gates; stated data is needed; property lines need to be clear; the space needs to be safe and accessible for everyone; working with homeowners should be done on a parallel track. Councilmember Oddie stated neighborhood security is not mutually exclusive with moving forward to figure out the best use, including keeping the areas open as parks; that he would like to see options other than just a gate; instances are occurring; people can be kept safe, while providing access. Mayor Spencer noted that she has walked her dog in pub lic parks at all hours and has never run into the behaviors occurring. (18-445) Introduction of Ordinance Approving a Lease with Small Size Big Mind, Inc. for Two Years with a One-Year Option for Building 35, a 2,764-Square-Foot Building Located at 2450 Pan Am Way in the Main Street Neighborhood at Alameda Point. Introduced. The Assistant Community Development Director gave a presentation. Councilmember Oddie moved approval of the item [introduction of the ordinance]. Councilmember Ezzy Ashcraft seconded the motion. Under discussion, Mayor Spencer stated there are 20 speakers. The Assistant Community Development Director stated the speakers would probably be willing to pass on commenting. Mayor Spencer inquired whether anyone has concerns or if eve ryone is in support, to which the audience indicated support. Councilmember Matarrese inquired whether the school has the wherewithal to deal with any lead paint or asbestos, to which the Assistant Community Development Director responded the school has done its due diligence; stated there are no asbestos tiles; the City has provided reports; lead based paint will be covered. Regular Meeting Alameda City Council July 24, 2018 13 Mayor Spencer inquired whether staff would consider an extension if development does not occur, to which the Assistant Community Development Director responded staff is always flexible with tenants; stated if the development does not move forward, staff would entertain an extension; the school is encouraged to find a long-term home. In response to Mayor Spencer’s inquiry, the Assista nt Community Development Director stated staff is working with brokers and trying to be as creative as possible with the City’s dwindling stock. Vice Mayor Vella stated having early childhood education is essential. Councilmember Ezzy Ashcraft stated the current location seems like such a happy place; stated the school is needed on the West End. On the call for the question, the motion carried by unanimous voice vote – 5. *** Mayor Spencer called a recess at 10:10 p.m. and reconvened the meeting at 10:18 p.m. *** (18-446) Recommendation to: 1) Receive a Semi-Annual Report on Cannabis, including an Update on the Request for Proposals (RFP) Process (Outcomes and Lessons Learned); 2) Provide Direction Regarding Potential Amendments to Local Law Concerning Cannabis, including (a) Maintain Cap on Testing Laboratories, (b) Allow Processing of Applications for Nursery Cultivation and Manufacturing on a First-Come, First-Served Basis, (c) Amendments Affecting Dispensaries and Nursery Cultivation Businesses, including Modify Buffer Zones, Dispersion Requirement, Zoning, and Adult Use, and (d) Confirmation of Use of RFP Process to Administer Cap; and 3) Receive Update Concerning Other Areas Relating to Cannabis, Including Regulation of Cannabis Delivery, and Cannabis Tax. The Economic Development Manager gave a Power Point presentation. Councilmember Oddie inquired why the cannabis retail area on Park Street disappeared. The Economic Development Manager responded a new business, Mathanasium, went in and the address for Ruby’s Tumbling was corrected. Mayor Spencer inquired whether either business qualifies as sensitive under the State regulations, to which the Economic Development Manager responded Ruby’s Tumbling qualifies; continued the presentation. Mayor Spencer inquired whether staff has reached out to the districts regarding changes, to which the Economic Development Manager responded in the negative; continued the presentation. Regular Meeting Alameda City Council July 24, 2018 14 Councilmember Oddie stated at the State level, people can withdraw initiative petitions and negotiate legislation; inquired whether doing so is not available at the City level, to which the City Clerk responded the ordinance either has to be adopted as is or sent to the voters. Councilmember Oddie noted a bill is proposed, which would give municipalities the same right. Mayor Spencer inquired whether Council could amend the ordinance to allow adult use, to which the Economic Development Director responded in the affirmative. Mayor Spencer stated the initiative would not need to proceed if Council makes the change. The Economic Development Manager completed the presentation. In response to Mayor Spencer’s inquiry, the Economic Development Manager stated that she informed potential businesses a tax is not on the November ballot. Mayor Spencer inquired whether the business would be happier if the City had a tax, to which the Economic Development Manager responded maybe; stated having a tax would allow businesses to project costs. In response to Councilmember Oddie’s inquiry regarding certainty, the Economic Development Manager stated other jurisdictions plan ned on creating a tax then ended up with a lower amount. The City Attorney stated the Council could not provide certainty; the tax could always be changed by going to the voters. In response to Councilmember Oddie’s further inquiry, the City Attorney stated the Council could withdraw the measure until it goes on the ballot. Vice Mayor Vella stated a current Council action to place the matter on the ballot could be withdrawn by a future Council. Suggested the following ordinance amendments: expand the two zones beyond Park and Webster Streets; maintain the 1,000 buffer zone for schools and City recreation areas: Nick Portolese, Portman Enterprises. *** (18-447) Councilmember Oddie moved approval of allowing speakers to have three minutes. Councilmember Matarrese seconded the motion, which carried by unanimous voice Regular Meeting Alameda City Council July 24, 2018 15 vote – 5. *** Continued his comments; suggested maintaining the one mile dispersion requirement and allowing a third retail dispensary and adult use: Nick Portolese, Portman Enterprises. Discussed destigmatizing the use of cannabis; urged Council to create a working ordinance: Andrew Huntoon, Alameda. Stated marijuana is safer than alcohol: Phillip Redd, Alameda. Submitted information; stated Coastal Dispensary learned about Ruby’s Tumbling being 750 feet away after responding to the RFP; suggested the buffer zone be reduced to 600 feet and the number of licenses be increased; stated the State made a change to allow deliveries in any jurisdiction: Elisa Stewart, Coastal Dispensary. Stated that he is the author of the initiative; he is glad the City has learned from the process; 9 businesses were interested in setting up manufacturing in Alameda; outlined his concerns with the RFP process; urged allowing adult use and minimizing the one mile dispersion: Rich Moskowitz, Alameda. *** (18-448) Mayor Spencer stated a motion is needed to consider the remaining items [the referral and closed session]. Vice Mayor Vella moved approval of considering the remaining items. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote – 5. *** Expressed concern over the potential hazard to young people and revising the ordinance provisions; stated the provisions were set up to protect youth; questioned what data has changed in six months: Serena Chen, Alameda. Urged the Council to modify the RFP to allow adult use retail sales, raise the cap to three dispensaries and remove the one mile dispersion : Ryan Agabao, Alameda Safe Cannabis Access. Stated that he applied for a retail cannabis operation permit on the East side of town along the Park Street corridor; expressed support for the proposed amendments and specifically lowering the buffer zones for sensitive uses to 600 feet: Tyler Champlin, CN Holdings. Mayor Spencer stated everyone supports reducing tobacco use, which does not have Regular Meeting Alameda City Council July 24, 2018 16 any benefits; many believe cannabis has medicinal or healing properties; there is also no benefit to alcohol, which can be purchased in many places; concerns regarding second-hand smoke cause her believe the City should be responsible for providing onsite consumption; the process did not work unless everyone wanted the steps to be so small that there would only be one business. Vice Mayor Vella stated quite a few things have changed; the intent was to move forward slowly; there is no way forward on half of the Island; another change was the addition of Ruby’s Tumbling and the math tutoring; discussed the experience of her mother relying on edibles, tinctures and capsules, instead of opiates, while going though chemotherapy to treat breast cancer, which has changed her view of adult use; stated the 1,000 buffer zone for schools should remain; sensitive uses have been so broadly defined and should be reduced to the a 600 foot buffer. Mayor Spencer suggested going down the list of specific staff questions. Vice Mayor Vella stated that she would like to allow adult use; expressed support for keeping the one mile dispersion to prevent clustering early on; stated perhaps the dispersion can be eliminated or licenses can be added in the future; locations in the C-1 Neighborhood Business zoning district could require the applicant to prove neighbors support the use. Councilmember Oddie stated that he did not intend to limit the possible locations to only a small spot on Webster Street; discussed his mother wanting a cream for knee pain; stated the 1,000 foot buffer zone should be kept for schools, but dropped to 600 feet for everything else; he is fine with having up to four locations, but he would like one West End and one East End location before allowing a second location on the West End; he would like to allow the use in the Commercial -Manufacturing (CM) zoning district; adult use should be brought back to Council; discussed the initiative; suggested a tax be addressed; stated the manufacturing RFP should be rolling; the cap on the labs should be lifted; there could be four or five smaller labs, rather than one or two large labs; the application on cultivation could also be rolling; business licenses should be required for delivery services, which may be the way of the future. Councilmember Ezzy Ashcraft stated that she is okay with reducing the 1,000 foot buffer zone to 650 feet in certain circumstances, such as Ruby’s Tumbling and Mathanasium, because children would not be unattended; the buffer zone should remain for all schools, recreation centers at parks and the Boys and Girls Club; she would consider amending the CM zoning to allow dispensaries, manufacturing and labs; outreach should be done to business parks; Alameda Point should not be included; she would not support expanding into C-1 at this time; the one mile dispersion should remain; she would not add recreational use without robust public input; expressed support for delivery services; inquired how staff would know and regulate businesses outside Alameda doing deliveries. The Economic Development Manager responded the honor system would be used; Regular Meeting Alameda City Council July 24, 2018 17 stated the City could get information from the State after there are more regulations; tracking would be hard; Google searches come up with delivery businesses, many of which are not legal. In response to Councilmember Ezzy Ashcraft’s inquiry, the Economic Development Manager stated delivery service has to be associated with a brick and mortar location. Councilmember Ezzy Ashcraft inquired whether a delivery only service could be allowed, to which the Economic Development Manager responded Council could choose to allow a delivery only service. Councilmember Ezzy Ashcraft stated the idea should be considered ; State regulations are making it cheaper for people to use dealers; the initiative should be addressed when the signatures are gathered; she would lift the cap on the number of labs; however, the City did not receive applications from any labs. Councilmember Matarrese stated Council is just directing staff tonight; the matter would come back for a public hearing; a good distinction has been made between tumbling for toddlers and a school where children come and leave on their own; changes being proposed do not address the lack of interest and unwillingness to rent spaces; federal government enforcement is unclear, which goes for operators and the City’s liability; one applicant is in the process of opening an business; he is curious to see how the business runs; exploring and bringing back the issues for public debate does not hurt; he would like to hear the public debate before he supports or opposes changes ; he does not see a reason to change his previous view at this time. Mayor Spencer stated the City created so many barriers, which made it unfriendly; other cities do not have caps; barriers should be reduced; expressed support for and discussed adult use; suggested going through staff’s list; stated that she does not think initiative signatures should continue to be gathered if the Council is serious about having cannabis in the community. The Economic Development Manager inquired whether the cap on testing labs should remain. Councilmember Oddie expressed support for a higher cap or no cap. Vice Mayor Vella and Mayor Spencer expressed support for no cap. Councilmember Matarrese expressed support for a higher cap. Councilmember Ezzy Ashcraft expressed support for going from two to at least four. Councilmember Oddie stated that he would change to no cap. Mayor Spencer stated three Councilmembers support having no cap on labs. Regular Meeting Alameda City Council July 24, 2018 18 The Economic Development Manager inquired whether nursery and manufacturing businesses should be able to apply for permits on a first come first serve basis. Councilmember Ezzy Ashcraft inquired whether the cap would remain in place, to which the Economic Development Manager responded staff did not address the cap on nursery and manufacturing. Mayor Spencer suggested breaking the question into two parts, addressing the staff question first. Councilmember Ezzy Ashcraft stated that she is fine with allowing the permits as long as the number of businesses remains the same. Councilmember Oddie, Vice Mayor Vella, Mayor Spencer and Councilmember Matarrese expressed support for allowing the permits on a first come first serve basis. Mayor Spencer stated that she would be interested in increasing the cap on both; inquired whether there is interest in changing the caps, to which Councilmembers responded in the negative. Mayor Spencer stated the caps remain at 1 and 4. The Economic Development Manager inquired whether the buffer zone should remain for the nursery and dispensary. Councilmember Oddie expressed support for keeping 1,000 feet for public and private schools and 600 feet for others, pursuant to the School Board resolution. Mayor Spencer inquired whether Councilmember Oddie wants to include Alameda Recreation and Parks Department (ARPD) sites, to which Councilmember Oddie responded the School Board resolution did not address ARPD sites. Vice Mayor Vella stated that she is fine with the two tiers. Mayor Spencer concurred with Councilmember Oddie and Vice Mayor Vella. Councilmember Matarrese opposed the recommendation. Councilmember Ezzy Ashcraft stated that she would propose a different two tiers: 1,000 feet from schools and parks with recreation centers, including the Boys and Girls Club and 600 feet from after school programs, Ruby’s tumbling and maybe even pre-schools; she would want to see outreach. Mayor Spencer stated a majority supports the two tiers. Regular Meeting Alameda City Council July 24, 2018 19 Councilmember Oddie stated the Boys and Girls Club is on the map; having it either way does not cause anything to change since there is not a Commercial (C) zone. In response to Mayor Spencer’s inquiry, the Acting City Manager stated the charter schools next to the Boys and Girls club causes an automatic 1,000 foot buffer. The Economic Development Manager inquired whether off -campus after-school programs and tutorial/learning centers should not be considered schools. Councilmember Oddie responded in the affirmative. Mayor Spencer stated the buffer should be 600 feet and the uses should not be considered a school. Vice Mayor Vella stated the uses are not a school; she is fine with a 600 foot buffer. Councilmember Ezzy Ashcraft stated businesses can change; places where unaccompanied children go should have a 1,000 foot buffer; areas where children are supervised could have 600 feet or no buffer. The Economic Development Manager stated said issue would be addressed next. Mayor Spencer stated some Councilmembers are out of time; answers should be kept as short as possible. The Economic Development Director inquired whether learning centers should be considered a sensitive use; stated there would be no buffer zone if learning centers are not considered a sensitive use. Vice Mayor Vella inquired how after-school program is defined, to which the Economic Development Director responded the matter is complicated; stated there is not a State registry. Councilmember Oddie expressed support for not having a buffer zone. Vice Mayor Vella stated an after-school program differs from tutorial/learning centers; she does not want to create more gray areas. Mayor Spencer inquired how far dispensaries have to be from libraries, grocery stores and fast food restaurants, to which the Assistant City Attorney responded currently, there is no buffer. Mayor Spencer stated children walk to libraries, grocery stores and fast food restaurants by themselves all the time; encouraged parents to educate their children. In response to Mayor Spencer’s inquiry, Vice Mayor Vella stated there should be no Regular Meeting Alameda City Council July 24, 2018 20 buffer zone for after school programs and 600 fee t for learning centers; expressed concern over shifting the areas for every RFP. The Assistant City Attorney stated the sensitive use should be reviewed when the RFP is published to allow people submitting proposals to research the sensitive uses. In response to Vice Mayor Vella’s inquiry whether sensitive uses could be from the last RFP, the Assistant City Attorney stated the uses should be identified the next time an RFP is issued since the last RFP has already passed. Councilmember Ezzy Ashcraft stated that she agrees tutorial/learning centers could be 600 feet and others could not have a buffer; inquired whether or not Ruby’s would be included. The Economic Development Manager responded that she would look into the matter and provide a response. Mayor Spencer stated a definition of tutorial/learning center should be provided when the matter returns. Vice Mayor Vella concurred. Mayor Spencer noted there are not three votes to eliminate the buffer zone. Vice Mayor Vella stated after the definition of tutorial center is clarified, she might be willing to eliminate the buffer zone. The Economic Development Manager inquired whether the current zoning districts should be maintained or expanded. Councilmember Oddie, Vice Mayor Vella and Mayor Spencer expressed support for allowing the use in C-1 and C-M, not Alameda Point (AP). Councilmember Matarrese expressed support for maintaining the current zoning districts. Councilmember Ezzy Ashcraft expressed support for adding the C-M zoning district, but not C-1 or AP. Vice Mayor Vella inquired whether Councilmember Ezzy Ashcraft would consider C -1 if the use had to be cleared with the neighborhood, to which Councilmember Ezzy Ashcraft responded that she would consider a process that includes a neighborhood meeting; noted parking is a consideration. In response to Mayor Spencer’s inquiry about the type of process legally allowed for C - 1, the Assistant City Attorney stated typically noticing happens at the Use Permit level; Regular Meeting Alameda City Council July 24, 2018 21 that he would consult with staff and report back. Councilmember Oddie noted Community Commercial (C-C) abuts neighborhoods as well. The Economic Development Manager noted any zoning change would go to the Planning Board prior to coming to Council; inquired whether the dispersion require ment should be modified for dispensaries. Mayor Spencer responded that she thinks the dispersion requirement needs to be modified. Councilmember Oddie stated that he would be okay with modifying the requirement once there is a dispensary on both ends of town. Mayor Spencer stated Councilmember Oddie does not want a modification at this time. Vice Mayor Vella and Councilmembers Matarrese and Ezzy Ashcraft expressed support for not making any modifications at this time. The Economic Development Manager inquired whether adult use should be allowed. Mayor Spencer and Vice Mayor Vella responded in the affirmative. Councilmember Oddie stated that he would like staff to bring back a proposal for discussion. Mayor Spencer inquired whether Councilmember Oddie is a tentative yes, to which Councilmember Oddie responded that he thinks it needs to be done sooner rather than later, so that is a yes. Councilmembers Matarrese and Ezzy Ashcraft expressed support for not allowing adult use at this time. The Economic Development Manager inquired whether the cap on the number of dispensaries should be increased. Mayor Spencer inquired whether the current cap is two, to which the Economic Development Manager responded in the affirmative. Mayor Spencer stated the cap of two is a deterrent; stated that she would support allowing four dispensaries Councilmember Oddie stated that he would support four dispensaries with the dispersion to require one on both ends of town. Regular Meeting Alameda City Council July 24, 2018 22 Vice Mayor Vella and Councilmembers Matarrese and Ezzy Ashcraft expressed support for not changing the cap at this time. Mayor Spencer inquired whether staff is going to ask about deliveries. The Economic Development responded that she could do so; stated a delivery only dispensary, without a retail location, could be one of the two dispensaries. Vice Mayor Vella suggested that two delivery only licenses be allowed in addition to the two dispensaries, separate from the existing dispensary cap. Mayor Spencer inquired whether the dispersion requirement would not apply to delivery only, to which Vice Mayor Vella responded in the affirmative. Councilmember Ezzy Ashcraft stated said suggestion is responsive to residents in need of medicinal marijuana who cannot get to dispensaries. Vice Mayor Vella stated allowing the use would attempt to get people to have a legal delivery service. Mayor Spencer inquired whether Councilmember Ezzy Ashcraft is agreeable to have two delivery only businesses, to which Councilmember Ezzy Ashcraft responded in the affirmative. Mayor Spencer inquired whether Councilmember Matarrese is agreeable, to which Councilmember Matarrese responded in the negative. Councilmember Oddie stated that he would be agreeable; he would also like the City to require a license for delivery services. Mayor Spencer stated four Councilmembers support two delivery only business es; inquired whether delivery businesses outside the City should be required to get a license. The Economic Development Manager inquired whether Council is okay not having a dispersion requirement for the delivery only businesses, to which Mayor Spencer, Vice Mayor Vella, Councilmembers Ezzy Ashcraft and Oddie responded in the affirmative. Councilmember Ezzy Ashcraft suggested staff review having delivery only businesses located in a business park. Mayor Spencer stated the matter would be addressed when it returns to Council. The Economic Development Manager stated regarding delivery licenses, staff is looking into allowing anyone with a legitimate business to get a bus iness license in Alameda. Regular Meeting Alameda City Council July 24, 2018 23 Mayor Spencer inquired whether businesses in different cities would have to obtain an Alameda license, to which the Economic Development Manager responded in the affirmative; stated staff has not put the requirement in place, but is currently working on doing so. Mayor Spencer inquired whether Council is agreeable, to which Council responded in the affirmative. In response to Councilmember Ezzy Ashcraft’s inquiry, the Economic Development Manager stated if a business with a Stat e license and a brick and mortar location in another city delivers to Alameda, an Alameda business license would be required to do deliveries; expressed concern over enforcement. The Economic Development Manager stated staff would go out for a new RFP following the changes requested; inquired whether the same evaluation process should be used. Councilmember Oddie responded a business that has already submitted and failed due to the boundaries should not be required to do another RFP; stated the RFP could be for new businesses; making someone re-do the RFP is costly if just the boundary has changed and the same evaluation would be used. The Acting City Manager inquired what if the business wants to submit a new RFP, to which Councilmember Oddie responded if a business wants to submit a new one, it can. Mayor Spencer stated someone rejected could reapply. Vice Mayor Vella noted the business might want to apply to have adult use. The Acting City Attorney expressed concern over treating groups differently and the fee. In response to Vice Mayor Vella’s inquiry regarding the fee, the Economic Development Manager stated the fee is $1,000. Vice Mayor Vella stated perhaps a discount can be offered if the application is for the same location since the work is done. The Economic Development Manager stated staff would return with a recommendation. Mayor Spencer stated it sounds like everyone is fine with said suggestion. Councilmember Ezzy Ashcraft inquired whether the tax should be addressed in the staff report when the matter returns, to which the Assistant City Attorney responded the matter could be addressed in the staff report; stated staff also has cleanup amendments to the ordinance; the intention is to bring back both together, but the amount of changes might require the actions be separate. Regular Meeting Alameda City Council July 24, 2018 24 Councilmember Oddie stated the cleanup should be kept separate; cleanup to the rent ordinance was lost. In response to the Assistant City Manager’s inquiry regarding timing, the Economic Development Manager stated staff was planning to come back on September 4th, but she would prefer to make it the first meeting in October due to the amount of work. In response to Mayor Spencer’s inquiry regarding the second meeting in September, the Economic Development Manager stated staff is working on arts and minimum wage items for said date. Mayor Spencer inquired whether the ordinance would require two readings, to which the Acting City Manager responded in the affirmative. Vice Mayor Vella inquired whether the cleanup can be presented at the first meeting in September, to which the Assistant City Attorney responded in the affirmative; noted zoning changes would have to go to the Planning Board. Mayor Spencer stated that she would like the matter expedited; the cleanup is not as critical; her preference would be to do the substantive work. Vice Mayor Vella stated some of the substantive work, such as adult use, would not go to the Planning Board; only the zoning has to go to the Planning Board. The Acting City Manager stated everything needs to be approved to go out with RFP. The Economic Development Manager stated staff would shoot for the October meeting to allow time to go to the Planning Board. CITY MANAGER COMMUNICATIONS (18-449) The Acting City Manager announced information would be posted on the website regarding signature gatherers misrepresenting the McKay property initiative. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS (18-450) Consider Drafting a Letter to Federal Representatives Supporting Congressional Bill S. 3036, the “Keep Families Together Act.” (Councilmember Oddie) Councilmember Oddie made brief comments regarding the referral. Councilmember Matarrese moved approval [of drafting a letter]. Regular Meeting Alameda City Council July 24, 2018 25 Vice Mayor Vella seconded the motion, which carried by unanimous voice vote – 5. ORAL COMMUNICATIONS, NON-AGENDA (18-451) Michael Moon, CCA East Bay, discussed diversity and suggested there be greater diversity on Boards and Commissions. COUNCIL COMMUNICATIONS (18-452) Consideration of Mayor’s Nomination for Appointment to the Historical Advisory Board, Planning Board, Public Utilities Board, Social Service Human Relations Board and Transportation Commission. Mayor Spencer nominated Jennifer Wit for appointment to the HAB and Marsha Broquedis and Asheshh Saheba for appointment to the Planning Board. (18-453) Councilmember Oddie expressed concern over some of the reprehensible rhetoric being heard, which Councilmembers have a duty to denounce; no one asks him where he was born and how long he has lived here, which they ask Vice Mayor Vella; discussed micro-aggression, which is a sign of racism. Mayor Spencer stated that she is the first Hispanic Mayor of the City; googling her name comes up with derogatory comments; she supports the reductio n of derogatory comments against all Councilmembers. (18-454) Councilmember Matarrese stated the Council has discussed other means of helping people stay housed; Kamala Harris has introduced a Rent Relief Act for Californians; hopefully, the City will follow up and provide support; someone paying more than 30% of their taxable income on rent, including utilities, would be eligible. Mayor Spencer stated the City might have already supported the Act. Councilmember Oddie stated if the matter does not fall und er the legislative agenda, it should be brought back. ADJOURNMENT (18-455) There being no further business, Mayor Spencer adjourned the meeting at 12:24 a.m. in memory of Nia Wilson. Respectfully submitted, Lara Weisiger City Clerk Regular Meeting Alameda City Council July 24, 2018 26 The agenda for this meeting was posted in accordance with the Sunshine Ordinance.