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2022-12-20 Special CC Minutes 659Special Meeting Alameda City Council December 20, 2022 1 794INUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- - DECEMBER 20, 2022- -6:59 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:00 p.m. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Knox White, Vella, and Mayor Ezzy Ashcraft – 5. [Note: Vice Mayor Vella join the meeting at 7:04 p.m. The meeting was conducted via Zoom.] Absent: None. CONSENT CALENDAR The City Clerk stated the Rojas Flores Landscaping agreement [paragraph no. 22-796] is being withdrawn and will be heard on January 3, 2023. Expressed concern over the Consent Calendar items; stated the matters should be individual Regular Agenda items and not rushed due to a new Council and City Manager starting; urged Council to table all items until January 2023; expressed concern over City spending, the bottle parcel, transitional housing, the transient occupancy tax (TOT) and zoning amendments: Tod Hickman. Councilmember Herrera Spencer requested final passage of the ordinances [paragraph nos. 22-799 and 22-800] be withdrawn for discussion. Councilmember Knox White moved approval of the remainder of the Consent Calendar. Vice Mayor Vella seconded the motion. Under discussion, Councilmember Daysog stated that he submitted comments and questions to staff and has posted the responses to his Facebook page. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*22-794) Minutes of the Special and Regular City Council Meetings Held on November 15, 2022. Accepted. (*22-795) Ratified bills in the amount of $8,211,752.23 (22-796) Recommendation to Authorize the City Manager, or Designee, to Execute a Five-Year Agreement with Rojas Flores Landscaping, Inc. for Landscape Maintenance Special Meeting Alameda City Council December 20, 2022 2 Services - Various Locations (Citywide) for a Total Amount Not to Exceed $1,031,937. Not heard. (*22-797) Recommendation to Authorize the City Manager, or Designee, to Execute a Five-Year Agreement with Prime Mechanical Services for Mechanical and Heating, Ventilating and Air Conditioning Preventative Maintenance and Repair at City Facilities for an Amount Not to Exceed $482,687.09. Accepted. (*22-798) Resolution No.16018, “Declaring Canvass of Returns and Results of the Consolidated General Municipal Election Held on Tuesday, November 8, 2022, Including Enacting Ordinance No. 3336 N.S. Amending the Alameda Municipal Code by Amending Section 3-61.3 (Tax Imposed) of Section 3-61 (Transient Occupancy Tax) of Division IX (Taxes) of Article II (Taxation) of Chapter III (Finance and Taxation) Increasing the Transient Occupancy Tax from Ten Percent (10%) to Fourteen Percent (14%).” Adopted. (22-799) Ordinance No. 3337, “Authorizing Acceptance of the Property Located at 2350 Fifth Street from the Successor Agency to the Community Improvement Commission of City of Alameda in Accordance with the Terms of a Purchase and Sale Agreement Between the City and the Successor Agency to the Community Improvement Commission of City of Alameda; and Authorizing the City Manager, or Designee, to Execute a Purchase and Sale Agreement Reflecting a Purchase Price of $430,000 with the Successor Agency to the Community Improvement Commission of City of Alameda, Execute and Record Necessary Affordable Housing Covenant for Approximately 55 Years, and Take Such Other Actions Necessary to Complete the Conveyance of the Property. [City Council] Sale of Surplus Government Property is Exempt from CEQA Review Pursuant to CEQA Guidelines Section 15312 (Surplus Government Property Sales).” Finally passed. Councilmember Herrera Spencer expressed support for comments provided by Speaker Hickman; stated that she does not support the transitional housing location; expressed concern over the use of the General Fund, American Rescue Plan Act (ARPA) funds and for the long-term obligation of the General Fund for up to 25 years. Councilmember Knox White moved final passage of the ordinance. Councilmember Daysog seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. (22-800) Ordinance No. 3338, “Amending the Alameda Municipal Code by Amending: (1) Article I (Uniform Codes Related to Building, Housing, and Technical Codes) of Chapter XIII (Building and Housing) to Adopt the 2022 Edition of Chapter 1, Division II Scope and Administration, the 2022 Edition of the California Building Code, the 2022 Edition of the California Residential Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the Special Meeting Alameda City Council December 20, 2022 3 Plumbing Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Energy Code, the 1997 Edition of the Uniform Housing Code, and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; and (2) Adopting the 2022 Edition of the California Fire Code, Including Appendix Chapters 4, B, C, D, E, F, G, H, I, K and O, with Necessary Additions and Amendments to Section 15-1 of Chapter XV (Fire Prevention) Due to Local Climatic, Geological, or Topographical Conditions; and (3) Adopt the 2022 Edition of the California Green Buildings Standards Code with Necessary Additions and Amendments to Section 13 -10 of Chapter XIII (Building and Housing) Due to Local Climatic, Geological, or Topographical Conditions. In accordance with the California Environmental Quality Act (CEQA), this action is exempt pursuant to CEQA Guidelines section 15061(b)(3).” Finally passed. Councilmember Herrera Spencer expressed support for Speaker Hickman’s comments; stated that she supports the State requirements; the additional items from the City are an overreach; the cost of electricity is higher than gas for heating; discussed rolling blackouts occurring during the winter due to not having enough electricity to meet the demand. Councilmember Knox White moved final passage of the ordinance. Councilmember Daysog seconded the motion. Under discussion, Councilmember Daysog stated the matter changes the Building Code in order to encourage the transition from natural gas to electrification; the Cit y is putting in certain thresholds; residential units changing more than 50% of the square footage would pull the trigger; any modifications to a home below 50% do not require transition from natural gas to electricity; the transition from natural gas to electricity is not triggered by the sale of a residential property; requested clarification from staff that his assessment is correct. The City Manager stated Councilmember Daysog’s statements are true; the transition is not based on point of sale; the transition is based upon a 50% threshold of the building foundation being remodeled. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 4. Noes: 1. COUNCIL REFERRALS (22-801) Consider Directing Staff to Reform the Fee Towing Companies Require Alameda Residents to Pay to Retrieve Towed Vehicles. (Councilmember Daysog) Councilmember Daysog gave a brief presentation. Special Meeting Alameda City Council December 20, 2022 4 Mayor Ezzy Ashcraft inquired whether Councilmember Daysog is looking to have staff return to Council with information. Councilmember Daysog responded in the affirmative; stated that he would like Council to provide direction to staff to review and analyze the situation and report back to Council with ways the City can alter towing fees; the email referenced shows a fee of $800, however, the fee can run higher; the amount is scary for anyone, regardless of income status, but especially for those who are most vulnerable; he would like support from Council to direct staff to analyze the matter and provide recommendations to make the fees less impactful. Expressed support for the Council Referral; discussed the regressive nature of the fees : Tod Hickman. Councilmember Knox White moved approval of directing staff to bring back information on the matter at a future Council meeting with recommendations on how the Council might look to adopt changes. Councilmember Herrera Spencer seconded the motion. Under discussion, Vice Mayor Vella inquired the extent of the City’s authority on the matter. The City Attorney responded staff can consider public property tows being contracted by the Alameda Police Department (APD) who negotiates with vendors to engage towing; APD could bring the information on negotiations and discuss whether Council can negotiate lower fees; the City’s authority on private property tows is more limited, Council always has the authority to impose price controls, however, the result could include tows not occurring in the City due to businesses choosing not to work in Alameda. The City Manager stated the referral is timely; the City solicits a tow company provider; pricing can be negotiated with potential providers; APD’s current towing solicitation may satisfy the Council direction. Vice Mayor Vella stated there has been an ongoing issue with excessive towing at Summerhouse; requested an update on the situation be provided as part of the direction to staff. The City Manager stated staff can include the update as part of the staff report when the matter returns. Councilmember Daysog expressed support for Council reviewing the Request for Proposals (RFP) prior to publishing; stated the review can be under the Consent Calendar; noted the referral has been on the Council agenda for months. Special Meeting Alameda City Council December 20, 2022 5 Mayor Ezzy Ashcraft stated Council is providing direction to staff and it is timely. Councilmember Daysog stated the direction to staff is fine. The City Manager inquired whether specific direction is being provided for the RFP. Councilmember Daysog responded that he does not have specific language to include in the RFP; the RFP provides Council and the public a baseline that will indicate whether it is satisfactory or if portions need to be tightened up a bit; should the motion allow the RFP to come before Council for review, then he is satisfied that everything will be in place. Councilmember Knox White stated the referral process is not supposed to be a discussion; the process should be quick direction to staff; the motion is clear that there is an issue; staff can bring the RFP to Council if it is necessary; Council is getting outside of the referral; expressed support for the motion remaining; stated staff has heard Council’s direction and can bring the RFP to Council for review if it will help the final contract to be approved without issue. Mayor Ezzy Ashcraft stated the referral indicates a reform to towing company fees; she imagines the RFP will address the fees being charged; when responses come in, staff will review the choices; expressed support for providing direction to staff and not puttin g the process of issuing RFPs into Council’s hands. On the call for the question, the motion carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. Mayor Ezzy Ashcraft stated Council needed to move onto the regular meeting. (22-802) Consider Directing Staff to Address Massive Corporations Purch asing Housing. (Councilmember Herrera Spencer). Not heard. (22-803) Consider Directing Staff to Create a Requirement for Upfront Payment of Candidate Statements if a Candidate for Local Elected Office Has a Balance Due from a Prior Election. (Councilmember Knox White and Vice Mayor Vella). Not heard. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 7:28 p.m. Respectfully submitted, Lara Weisiger Special Meeting Alameda City Council December 20, 2022 6 City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.