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2023-09-05 Regular CC MinutesRegular Meeting Alameda City Council September 5, 2023 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- - SEPTEMBER 5, 2023- -7:00 P.M. Mayor Ezzy Ashcraft convened the meeting at 7:13 p.m. ROLL CALL - Present: Councilmembers Daysog, Herrera Spencer, Jensen, Vella, and Mayor Ezzy Ashcraft – 5. Absent: None. AGENDA CHANGES (23-478) Mayor Ezzy Ashcraft requested the resolutions of appointment [paragraph no. 23-480] be heard after the Proclamation and the Clement Avenue Extension [paragraph no. 23-505] be heard first on the Regular Agenda to accommodate staff. Vice Mayor Daysog moved approval of changing the order of the agenda items. Councilmember Vella seconded the motion, which carried by unanimous voice vote – 5. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (23-479) Proclamation Declaring September 2023 as National Hispanic and Latino Heritage Month. Mayor Ezzy Ashcraft read the proclamation. REGULAR AGENDA ITEM (23-480) Resolution No. 16091, “Appointing Tracy Cote as a Member of the Civil Service Board.” Adopted; (23-480A) Resolution No. 16092, “Appointing Jordan Frank as a Member of the Civil Service Board.” Adopted; and (23-480B) Resolution No. 16093, “Appointing Ryan Bird as a Member of the Public Utilities Board.” Adopted. Councilmember Vella moved adoption of the resolutions. Vice Mayor Daysog seconded the motion, which carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office and Mr. Bird, Ms. Cote and Mr. Frank made brief comments. ORAL COMMUNICATIONS, NON-AGENDA (23-481) Evelyn Mabee, Alameda, expressed concern over housing units and vacant properties; Regular Meeting Alameda City Council September 5, 2023 2 questioned why new buildings are being built when vacant properties sit empty; urged Council to consider having vacant properties be filled or sold. (23-482) Cyndy Johnsen, BIkeWalk Alameda, discussed the Cycle September competition. (23-483) Tod Hickman discussed the proclamation, the withdrawn Port of Oakland item, and the Veterans building. CONSENT CALENDAR Mayor Ezzy Ashcraft suggested a motion be made to consider any pulled items after regular agenda items. Councilmember Vella suggested the motion be considered after the number of pulled items is known. Discussed the Collaborating Partners and RESHAP final passages; stated the project campus design being inwardly focused is in the previous agreement; the campus is still within the West Midway site; the landscape of services has changed dramatically over the years: Doug Biggs, Alameda Point Collaborative. Stated that she would like final passage of the ordinances pulled; expressed concern over project changes; stated the commercial parcel is for market rate; the RESHAP parcel design and location was decided after a two-year process with the Housing Element being the driving force: Shelby Sheehan, Alameda. Stated there should be more attention paid to the California Environmental Quality Act (CEQA) for final passage of the ordinances; expressed support for the RESHAP project and the original design; stated a new project with increased units and reduced acreage should have the same amount of acreage if not more; she supports the project having more green space: Carmen Reid, Alameda. Councilmember Herrera Spencer stated that she would like to pull the Transportation Management Association (TMA) [paragraph no. 23-499], and all final passages of ordinances for discussion [paragraph nos. 23-500, 23-501, 23-502 and 23-503]. The City Clerk stated Council previously heard the introduction of ordinances as one combined item and may do the same for final passages. Councilmember Vella moved approval of the balance of the Consent Calendar with hearing the TMA matter after regular items and combining final passages. Councilmember Jensen seconded the motion. Under discussion, Councilmember Herrera Spencer stated that she would only like to record a no vote on the TMA matter rather than pull the item. Councilmember Vella moved approval of the balance of the Consent Calendar with hearing the final passages of ordinances as a combined item. Regular Meeting Alameda City Council September 5, 2023 3 Councilmember Jensen seconded the motion, which carried by unanimous voice vote – 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] (*23-484) Minutes of the Special and Regular City Council Meetings Held on July 5, 2023. Approved. (*23-485) Ratified bills in the amount of $21,789,398.02. (*23-486) Recommendation to Approve the City of Alameda Investment Policy. Accepted. (*23-487) Recommendation to Endorse a Grant Application to the Charging and Fuel Infrastructure Grant Program Administered by the United States Department of Transportation for the Alameda Public Electric Vehicle Charging Project. Accepted. (*23-488) Recommendation to Authorize the City Manager to Execute a Fourth Amendment to the Agreement with CDM Smith to Increase Compensation by $300,000 for a Total Aggregate Compensation Not-to-Exceed $1,660,633, to Continue Engineering Support for the Clement Avenue Safety Improvement Project. Accepted. (*23-489) Recommendation to Authorize the City Manager to Execute an Agreement with the California Department of Toxic Substances Control, for an Amount Not-to-Exceed $134,423, to Provide Soil Remediation Oversight Services Related to the Clement Avenue/Tilden Way Project. Accepted. (*23-490) Recommendation to Authorize the City Manager to Execute a Four-Year Agreement with CMG Landscape Architecture, with Compensation Not-to-Exceed $2,767,000, Including Contingencies, as Technical Consultants for City-Led Adaptation Projects, Including a Long- term Adaptation Plan, the Oakland-Alameda Estuary Adaptation Project; and Bay Farm Island Adaptation Project. Accepted. (*23-491) Recommendation to Endorse a Grant Application to the U.S. Forest Service Urban & Community Forestry Inflation Reduction Act Grant Program for the Alameda Urban Forest Project. Accepted. (*23-492) Recommendation to Authorize the City Manager to Accept the Improvements Completed by Alta Buena Vista Owner, LLC, for Tract 8254. Accepted. (*23-493) Recommendation to Accept the Work of NBC Construction and Engineering, Inc. for the Harbor Bay Isle Lagoon Improvement Project, No. PW 07-21-28. Accepted. (*23-494) Recommendation to Authorize the City Manager to Execute a Five-Year Agreement with Ecast Engineering, Inc. for Pothole Maintenance and Repair Services for Various Locations for a Total Not-to-Exceed Amount of $1,656,940. Accepted. (*23-495) Recommendation to Authorize the City Manager to Execute a One-Year Agreement, with the Option of Four One-Year Extensions, with Spencon Construction Incorporated for a Total Five-Year Compensation Not-to-Exceed $4,555,650 for Sidewalk Replacement Services, No. P.W. 06-23-17. Accepted. Regular Meeting Alameda City Council September 5, 2023 4 (*23-496) Recommendation to Authorize the Purchase of One Replacement Trailered Pump and Four Replacement Police Motorcycles Consistent with the Revised Vehicle Replacement Policy in Amounts Not-to-Exceed $124,238.47 from Thomas & Associates, $79,019.16 from Oakland Harley Davidson and $80,710.70 from National Auto Fleet Group. Accepted. (*23-497) Recommendation to Authorize the City Manager to Execute Two Agreements with Keep It Simple for Professional Services Required for Configuration of Dell Virtual Machine Host Servers in the Amount Not-to-Exceed $62,000. Accepted. (*23-498) Recommendation to Approve Purchase of the Microsoft 365 Subscription Licensing Agreement from SHI, a Microsoft Reseller Partner, Utilizing Riverside County’s Statewide Competitively Awarded Microsoft Enterprise Agreement Allowing All City of Alameda Staff to Move to the Microsoft 365 Platform for a Total Three-Year Agreement Not to Exceed $935,290. Accepted. (23-499) Resolution No. 16094, “Approving Funding Agreements with the Alameda Transportation Management Association (TMA) Allowing Pass Through of Transportation Demand Management Fees for the Implementation of the Alameda Point Transportation Demand Management Plan and Acceptance of the TMA Annual Report.” Adopted. Since Councilmember Herrera Spencer recorded a no vote, the motion carried by the following vote: Ayes: Councilmembers Daysog, Jensen, Vella, and Mayor Ezzy Ashcraft – 4. Noes: Councilmember Herrera Spencer – 1. (23-500) Ordinance No. 3345, “Authorizing the City Manager to Execute a Disposition and Development Agreement (DDA) between the City of Alameda and the Collaborating Partners and MidPen Housing Corporation for the Development of the RESHAP Property.” Finally passed. Councilmember Herrera Spencer stated that she will continue to vote no on the matter; she agrees with concerns about moving families with school-aged children farther away from schools; the current plan flips the location of the market rate units with the affordable and supportive housing units; expressed concern over school children walking far; stated the project design with shorter distance was significantly better; discussed serving on the School Board; stated keeping families with children closer to Main Street was better; expressed support for an increase in green space; stated prioritizing transitional and below market rate housing is important; the concerns raised by Speaker Sheehan during public comment and in written correspondence raise many CEQA issues which she is incorporating into her no vote. Vice Mayor Daysog moved approval of final passage of the ordinances. Councilmember Vella seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Jensen, Vella, and Mayor Ezzy Ashcraft – 5. Noes: Councilmember Herrera Spencer – 1. (23-501) Ordinance No. 3346, “Authorizing the City Manager to Execute a Development Agreement (DA) between the City of Alameda and the Collaborating Partners and MidPen Housing Corporation for the Development of the RESHAP Property.” Finally passed. This item was addressed in conjunction with the MidPen DDA [paragraph no. 23-500]. Regular Meeting Alameda City Council September 5, 2023 5 (23-502) Ordinance No. 3347, “Authorizing the City Manager to Execute a Disposition and Development Agreement in Substantial Conformance with Exhibit A between the City of Alameda and BC West Midway LLC.” Finally passed. This item was addressed in conjunction with the MidPen DDA [paragraph no. 23-500]. (23-503) Ordinance No. 3348, “Authorizing the City Manager to Execute a Development Agreement Between the City of Alameda and “BC West Midway LLC” for the Development of Approximately 26 Acres of Land Located Between West Tower Avenue, West Midway Avenue, Main Street and Pan Am Way at Alameda Point Referred to as the “West Midway Project.” Finally passed. This item was addressed in conjunction with the MidPen DDA [paragraph no. 23-500]. CONTINUED AGENDA ITEMS None. REGULAR AGENDA ITEMS (23-504) Recommendation to Review and Comment on the Port of Oakland’s Draft Environmental Impact Report for the Terminal Modification and Development Project at the Oakland Airport and on City Staff’s Draft Response Letter. Not heard. (23-505) Recommendation to Accept Offers of Dedication for the Clement Avenue Extension; and (23-505A) Introduction of Ordinance Approving the Transfer by Quitclaim Deed of Approximately 0.11 Acres of City Owned Property at the Del Monte Development Site to Alta Buena Vista Owner, LLC, in Exchange for the Clement Avenue Right-Of-Way Between Entrance Road and Sherman Street to the City per the Development Agreement for the Del Monte Warehouse Project. Introduction. The Associate Civil Engineer gave a Power Point presentation. Stated the project is complicated; the intersection is a key component to the Cross-Alameda Trail; discussed the pedestrian signal; stated getting intersections along the corridor correct is important; urged Council to approve the matter and have staff return with specification issues addressed on related projects moving forward: Denyse Trepanier, BikeWalk Alameda. Expressed support for comments provided by Speaker Trepanier; stated various developer-led designs do not always come together well: Zac Bowling, Alameda. Councilmember Jensen inquired what would happen or change if Council does not approve the staff recommendation. The Associate Civil Engineer responded if Council does not approve the recommendation, Clement Avenue will not formally be a public right of way and Alta Buena Vista would not have the parcel needed for building access. Regular Meeting Alameda City Council September 5, 2023 6 In response to Councilmember Jensen’s further inquiry related to additional improvements, the Associate Civil Engineer stated that she would not anticipate any further construction since the developer has completed obligations under the agreement. Councilmember Vella inquired whether the recommendations by Speaker Trepanier could be part of Council discussion due to the matter not being agendized. The City Attorney responded the matter agendized is the transfer and dedication; stated Council discussion should be narrowly tailored to the transfer and dedication. Councilmember Vella moved approval of the staff recommendation [including introduction of the ordinance]. Councilmember Herrera Spencer seconded the motion, which carried by unanimous voice vote - 5. (23-506) Introduction of Ordinance Amending the Alameda Marina Master Plan and Approving Density Bonus Application No. PLN23-0179 to Increase the Alameda Marina Sitewide Housing Unit Count from 760 Units to 801 Units. Introduced. The Interim Planning, Building and Transportation Director gave a Power Point presentation. Councilmember Herrera Spencer inquired whether the number of parking and bicycle spaces have increased in response to an increase in the number of units. The Interim Planning, Building and Transportation Director responded the City’s parking requirements include a maximum amount of parking spaces; stated the parking calculator has not changed with the additional proposed units; the corresponding number of bicycle parking spaces has increased as a result of the additional units; Transportation Management Association (TMA) contributions cost are based per unit and have also increased; the TMA exists to find ways to reduce vehicle miles traveled and auto usage. Councilmember Herrera Spencer stated that she understands no additional parking has been added to the project; inquired what happens to the additional cars per unit. Mayor Ezzy Ashcraft requested the parking formula be clarified. The Interim Planning, Building and Transportation Director responded the parking is unbundled, which means tenants lease parking space by choice and parking spaces are not guaranteed; the development is designed and catered to alternate modes of transportation. Councilmember Herrera Spencer inquired what happens to the cars when there are not enough parking spaces. The Interim Planning, Building and Transportation Director responded additional street parking and surrounding parking lots are available; stated the surrounding parking lots are not intended for overnight parking; auxiliary parking is available around the property. Councilmember Herrera Spencer inquired how many total parking spaces are available to be Regular Meeting Alameda City Council September 5, 2023 7 leased. Sean Murphy, Applicant, responded the proposed project has 259 residential units and one work-live unit with 373 parking spaces, which yields 1.44 spaces per unit; he feels the parking spaces are adequate considering the multimodal access of the Bay Trail; market studies show the spaces are sufficient for the number of units proposed in the project. Councilmember Herrera Spencer stated that she thought there would be 760 to 801 units. Mr. Murphy stated his response is addressing the specific phase of the project, which is Phase 3; there will be a large number of parking stalls across the entire project; there are well over 1,000 for the Master Plan; his response relates specifically to the Master Plan amendment. Councilmember Herrera Spencer inquired the amount and type of bicycle parking available as well as the related security. Mr. Murphy responded the amendment includes 311 bicycle parking spaces throughout the final phase of construction for Phase 3; the entirety of the project site plan has well over 1,000 bicycle parking spaces; the spaces accommodate at-grade pedestrian-friendly bike racks as well as secure storage throughout the building; the proposed amendment will have a designated bike room located off Lafayette Street near Clement Avenue. Expressed support for the staff recommendation; stated the ability to add additional units without changing the size of the project is a win for the community; expressed support for having Alameda housing near Alameda jobs: Madlen Saddik, Chamber of Commerce. Stated the project looks interesting; expressed support for the addition of very low-income units; stated the total amount of affordable units appears to be 18%; urged Council to increase the number of affordable units to 30%: Carmen Reid, Alameda. Expressed support for the project; stated the project has a 41% net increase in the number of units, including many within the very low-income category; the City has a 15% mandated affordability requirement; a higher amount of affordable units cannot always occur: Zac Bowling, Alameda, East Bay Yes in my Backyard. Expressed concern over big blocks with enormous coverage of lots; stated that she would like to have design review standards respected more and have the project be more Alameda-oriented to provide a higher quality of life: Shelby Sheehan, Alameda. Councilmember Herrera Spencer requested clarification about the process and impact of increasing the number of low-income units. The Interim Planning, Building and Transportation Director stated the State Department of Housing and Community Development (HCD) sees inclusionary requirements as a barrier; developers are required to deeply subsidize the affordability levels, particularly at the very low- income level; Council cannot make the mandate under State density bonus law, however, Council can provide direction to staff to return with the proposed revisions to the inclusionary ordinance. Councilmember Herrera Spencer inquired the chance of the project being built if Council Regular Meeting Alameda City Council September 5, 2023 8 requires 25% or 30% affordable housing. Mayor Ezzy Ashcraft requested staff to address how few permits have been pulled in 2023. The Interim Planning, Building and Transportation Director stated inclusionary units require subsidy; raising the inclusionary requirement beyond 15% will be a burden and will impact project financing. The City Manager requested clarification whether Councilmember Herrera Spencer’s inquiry is related to the feasibility of the current project or about raising the inclusionary requirement City- wide. Councilmember Herrera Spencer stated that her inquiry is related to the current project. The City Manager stated the developer will have the best ability to respond to the inquiry. Mr. Murphy stated the current Master Plan has tremendous burdens, which include a $35 million sea wall and $10 million in street improvements; in order to utilize the 25% State density bonus, increases the affordable units from 15% to 18%; a larger burden is being borne by the project; the proposed amount is the maximum financeable total of affordable units; the project, which started as a construction plan in 2020, contemplated a roughly 10-year build out; the project is likely to be finished by the end of 2026 and is a large effort. Councilmember Herrera Spencer stated comments were made about the architecture not blending with the rest of Alameda; inquired what would happen if Council required smaller buildings or differently pitched roofs as opposed to blocks. Mayor Ezzy Ashcraft requested the design review standards for the project area be explained. The Interim Planning, Building and Transportation Director responded the 2018 Master Plan created blocks; stated the Master Plan includes specific design standards for the building footprints; currently, the proposed buildings are consistent with the 2018 Council decision; the design standards incorporated in the Master Plan captures elements of building materials seen in the neighborhood and near a waterfront setting; the design and use of siding materials evokes a maritime feel and is consistent with the Master Plan. Councilmember Herrera Spencer inquired whether requiring smaller buildings would require more space and increase costs and whether there are financial reasons why the block design works. The Interim Planning, Building and Transportation Director responded in the affirmative; stated the Master Plan supports the block pattern approved in 2018; changing the design at this time would create major infrastructure costs in order to carve out smaller blocks and would likely render the project cost prohibitive. Mayor Ezzy Ashcraft discussed affordable housing project percentages and an upcoming Bay Area Housing Finance Authority general obligation bond measure; stated Bay Area cities would be able to draw on the fund to help build affordable units; the proposed measure is an opportunity to increase the amount of affordable housing; staff and the developer should keep feasible project requirements. Regular Meeting Alameda City Council September 5, 2023 9 Councilmember Vella stated the project is over-parked; there are a tremendous amount of parking spaces; in part, the amount is due to the developer complying with City regulations and requirements; expressed support for the project. Councilmember Vella moved approval of introduction of the ordinance. Councilmember Jensen seconded the motion. Under discussion, Vice Mayor Daysog stated the comments provided by Speaker Reid indicate an important point about the affordability for the project; increasing the affordable units to 25% would have been a policy decision that should have had to occur several years ago; the project is unique and carries certain costs not carried by other areas in Alameda; the sea wall and streets increase project costs; the proposed share of market rate housing is understandable; discussed Alameda Point being able to shoulder having 25% affordable units; stated the policy decision was made decades prior; Alameda Point is able to achieve 25% new, affordable housing based on the policies already set; the proposed project is outside of Alameda Point and Council leverage is minimal; arriving at the 18% affordable units is due to the developer taking advantage of local density bonus rules adopted by the City and State; in order for Council to change the rules specific to this project, the changes would have had to occur several years ago; Council is addressing the request to increase the amount of units by 41 and the amount is reasonable; expressed support for the project. Councilmember Herrera Spencer stated that she is supportive of the project; expressed support for the developer; stated it is important to have private outdoor space for units; she would prefer to have more architectural detail; the proposed project is the best the City could ask for and the developer has done a good job trying to accommodate architectural improvements given constraints; the units being in block pattern are cheaper and allow for the additional project details that make it a better place to live; developers that sit in on Council meetings and answer questions are noteworthy. Vice Mayor Daysog stated that he supports the project due to its reclaiming and beautifying the shoreline for public use. On the call for the question, the motion carried by unanimous voice vote - 5. (23-507) Recommendation to Establish a Community and Economic Benefit Special Events Grant Program to Support Events that Bring Economic, Cultural and/or Community Benefits to the City of Alameda; and (23-507A) Resolution No. 16095, “Amending the Fiscal Year 2023-24 General Fund Budget to Appropriate $200,000 from General Fund Residual Fund Balance for the Program.” Adopted. The Development Manager gave a Power Point presentation. In response to Councilmember Herrera Spencer’s inquiry related to Alameda Point, the Development Manager stated Alameda Point event would be able to compete for grants as part of the competitive application pool. Councilmember Herrera Spencer inquired whether Alameda Point is part of the West Alameda Regular Meeting Alameda City Council September 5, 2023 10 Business Association, to which the Development Manager responded in the negative. Mayor Ezzy Ashcraft expressed support for the proposed program and presentation; discussed grant qualifications; expressed concern over first-time organizers having difficulties; inquired whether there is a way for the City to set aside a portion of funds for first-time applications. The Development Manager responded the requirement about having organized one successful event in the City could be changed. Mayor Ezzy Ashcraft inquired whether a business association can assign grants to community events held within or adjacent to their district; stated the City still would need to approve the assignees; the same selection criteria should apply to all; expressed support for including a provision in the program; stated review panel members could award grant funds to business districts; inquired whether there is a conflict of interest to have the panel members also be eligible for grants; expressed support for a panel of Chamber of Commerce representatives; stated representatives from the Public Art Commission or Police or Fire Departments could also be utilized. The Development Manager responded the proposal is to have an existing committee, the Façade Grant Committee, review the grants; stated the Committee consists of the West Alameda Business Association (WABA), Downtown Alameda Business Association (DABA), Chamber of Commerce, and two City staff members; staff does not anticipate DABA and WABA will submit applications as part of the competitive application pool; any events will need to meet the goals of the program and require approval from staff; WABA and DABA have been restructuring events post-pandemic and only have one or two events that would qualify for funding; the process could change in the future, however, the only way for WABA and DABA to be part of the competitive pool, is to have four or more large, high-profile events; staff would recommend the representative from WABA or DABA to recuse themselves if a conflict occurs. Expressed support for the proposed program; stated the permit program and City staff have helped create a new approach to Special Events; discussed the Art and Wine Fair; stated the new model helps organizations with costs; the support is critical: Kathy Weber, DABA. Stated the program is a good move forward for events; the process is clear; costs recovered from events are good for the business district; expressed support for the program: Linda Asbury, WABA. Vice Mayor Daysog inquired when will the internal processes be worked out, applications be issued, and special events be funded. The Development Manager responded staff will nail down details over the next few months; stated internal processes will be complete by the end of the year; staff will then meet with DABA and WABA in January of 2024 to determine which events will be seeking funding and amounts; the amounts requested will indicate how much will remain for the competitive pool; staff hopes to open the application process in February 2024; the funding will be for events occurring in Fiscal Year 2024-25. Councilmember Herrera Spencer expressed support for the program; stated the community loves events. Regular Meeting Alameda City Council September 5, 2023 11 Councilmember Herrera Spencer moved approval of the matter [including adoption of the resolution]. Councilmember Vella seconded the motion, which carried by unanimous voice vote - 5. (23-508) Resolution No. 16096, “Increasing the Mayor and Councilmember Salaries in Accordance with Alameda City Charter Section 2-1.1 and 2-4 Amended by Voters in November 2022 to Increase Mayor’s Base Salary to $28,311 Annually and Councilmembers’ Base Salary to $18,896 Annually Retroactive to July 1, 2023; and Amending the Fiscal Years 2023-25 Operating Budget Authorizing a Reallocation of $97,200 Each Fiscal Year from Non- departmental Contingency to City Council Personnel Budget.” Adopted. The Human Resources Director gave a Power Point presentation. Councilmember Jensen expressed support for the report; stated the ballot measure showed substantial support from Alameda voters; she appreciates the chart showing salaries in other cities; discussed Oakland’s City Council salaries; questioned whether any other city with a nominal salary or stipend has committees or additional meetings; stated the only city that has Councilmembers assigned to committees is San Leandro, which has various committees chaired by Councilmembers; the committees provide additional activities and duties for Council; San Leandro typically has two regular meetings and one work session each month; all cities in the comparison, as well as Alameda, have Councilmembers serve on external boards; each Councilmember represents the City on various local and regional boards; a number of other activities and duties fall to the City Council; expressed support for the staff recommendation and the work performed. Vice Mayor Daysog expressed support for the staff recommendation and analysis. Councilmember Vella stated many discussions on the matter centered around pay equity for potential future Councilmembers and aspiring public servants; discussed her pregnancy while on Council; expressed support for candidates more inclusive of the diverse community; stated inclusivity will increase by compensation being evaluated; the matter is important for the future of the City and ensure elected officials can afford to be in the City; being on Council should not solely be for people who can privately fund living in the City of Alameda; it is expensive to live and have child care in the Bay Area; the positions have been underpaid for quite a long time; meetings and meeting preparation takes time; it is important to have people be committed to the work and be willing to meet with staff and members of the community; expressed support for the staff recommendation. Councilmember Herrera Spencer expressed support for the voters in Alameda; expressed concern over the formula; stated the Mayor serves on commissions for additional money; she does not receive additional money for her time spent on the Airport Noise Forum; she supports the matter due to anticipating more people applying; seated Councilmembers will likely be getting the lesser amount; expressed concern over not honoring the purpose of enacting Council salary and choosing a lesser amount; expressed support for looking into increasing the amount for Councilmembers; discussed City Manager versus Assistant City Manager salaries; expressed support for a higher percentage for Councilmembers in order to address the concern of welcoming all members of the community to serve; stated the proposed amounts are not sufficient enough to reduce barriers. Regular Meeting Alameda City Council September 5, 2023 12 Mayor Ezzy Ashcraft stated the ballot measure was voted on and approved; expressed support for the staff recommendation; stated there is a difference in efforts between Councilmember and Mayor; she spends more than 20 hours per week as Mayor; members can choose their level of involvement; expressed support for the matter recognizing the increase in pay for general law cities; stated the recommendation is reasonable; the funds come out the General Fund; discussed succession planning with appointments to Boards and Commissions; stated compensation will help inform new candidates; other options can be pursued, such as helping defray the cost of candidate statements and the City could allocate funding toward campaigns; expressed support for all candidates having the ability to have a candidate statement. Councilmember Vella moved approval of the staff recommendation [including adoption of the resolution]. Councilmember Jensen seconded the motion. Under discussion, Councilmember Jensen stated those who volunteer on City Boards and Commissions are vital and dedicate time; the work being done helps Council tremendously; expressed support for Council and staff evaluating the potential for having City Councilmembers participate on Boards and Commissions; stated Council’s involvement would provide more authority to major Commissions that provide recommendations to Council. Vice Mayor Daysog stated that he is satisfied with the difference in Council and Mayor pay due to his own methodology being similar; expressed support for the staff recommendation. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft - 4. Noes: Councilmember Herrera Spencer – 1. *** Mayor Ezzy Ashcraft called a recess at 9:14 p.m. and reconvened the meeting at 9:28 p.m. *** (23-509) Introduction of Ordinance Authorizing the City Manager to Execute a Lease for Building 39 with Pyka Inc. Located at 950 West Tower Avenue at Alameda Point, Alameda, California, for a Term of Eight Years with a Three-Year Extension Option. Introduced. The Interim Base Reuse and Economic Development Director gave a Power Point presentation. Councilmember Herrera Spencer inquired how many votes are needed to approve the matter, to which the Interim Base Reuse and Economic Development Director responded four affirmative votes. Councilmember Jensen requested clarification about the terms of the lease; stated the term is for eight years; inquired whether the duration is typical for the City. The Interim Base Reuse and Economic Development Director responded the term varies; stated typical range is between ten and fifteen years; noted the option to extend the term would create a total term of eleven-years. Councilmember Herrera Spencer discussed correspondence received related to spraying; Regular Meeting Alameda City Council September 5, 2023 13 inquired why staff believes the company is appropriate for Alameda. The Interim Base Reuse and Economic Development Director responded staff is sympathetic to the concerns being raised; stated Pyka does not develop, own or sell pesticides; Pyka is developing a new technology, which requires investment and investor capital; one of the key ways a new company is able to continue to develop technology is through early applications and showing companies are willing to purchase products; one of the early uses is crop dusting, which is dangerous and difficult; the application has worked and companies want to purchase aircrafts from Pyka; for Pyka’s business to survive and be able to continue to develop technology for other purposes, such as reducing greenhouse gases, it is important for investors and buyers to step up; the use of crop dusting is not a reason to deny the lease; the lease fits squarely within the goals of research and development and addressing climate change at Alameda Point; there have been a number of similar companies at Alameda Point. Councilmember Herrera Spencer inquired whether the lease can restrict how much of Pyka’s business is related to crop dusting. The Interim Base Reuse and Economic Development Director responded staff has included a lease provision to address crop-dusting related operations; stated Pyka can focus on cargo planes in the future; the provision in the lease indicates that by the sixth and seventh year, not more than 50% of research and development spending can be on agricultural purposes if a lease extension is exercised. Councilmember Herrera Spencer inquired why the requirement is not 50% of revenue. The City Manager responded many startup technology companies receive a lot of funding from investors, not revenue; stated revenue is different for a tech startup; the initial investments show where the company is headed and what money is being spent; revenues based on investor dollars would be skewed. Mayor Ezzy Ashcraft stated Pyka representatives can respond to Council questions as part of their comments. Councilmember Herrera Spencer inquired what type of testing will occur on the premises, to which the Interim Base Reuse and Economic Development Director responded no testing or flying of aircraft will occur in Alameda; stated Pyka will be developing technology and building product on site. Councilmember Herrera Spencer expressed concern over the number of containers being on site; inquired the quantity and location of containers and whether the containers will obstruct the view corridor. The Interim Base Reuse and Economic Development Director displayed a presentation slide; stated the view corridors and outdoor storage includes how much of the open spaces between the hangars might be fenced off and used for storage; a container would be used after an aircraft is built and needs to be partially dismantled and shipped; showed the footprint of the building premises; stated the blue zones are approximately 50-feet wide and run down the side of the building, which is the limit of the space that can be fenced off; the limit preserves the 75- foot wide public right-of-way as a view corridor; the view corridors are defined in the Specific Plan, which requires the water view to be maintained. Regular Meeting Alameda City Council September 5, 2023 14 Councilmember Herrera Spencer inquired the location of Building 39, to which the Interim Base Reuse and Economic Development Director responded by showing a presentation slide of the location; stated the buildings define the view corridor. Councilmember Herrera Spencer further inquired whether Pyka will be able to come up from the street and fill the space with slats. The Interim Base Reuse and Economic Development Director responded the zone is roughly 50-feet wide and is part of the lease premises; stated Pyka would like to be able to utilize the space for secure storage. Councilmember Herrera Spencer inquired the height of the containers, to which the Interim Base Reuse and Economic Development Director responded around 11-feet; stated the view corridor is outside the fenced area. The City Manager stated staff anticipates a standard 20-foot equivalent container which is 8.5 feet high; Section 2.3 of the lease does not allow Pyka to stack or place the containers on an elevated surface. Mayor Ezzy Ashcraft discussed visiting Pyka in West Oakland; stated that she understands the technology is working towards autonomous delivery of cargo to difficult-to-access areas; crop dusting is occurring overseas in Costa Rica, Brazil and Honduras; discussed an Future Farming article about Pyka related to Federal Aviation Administration (FAA) approval; inquired whether Pyka is moving towards other technologies; expressed concern over difficulties in moving away from FAA approval; stated the lease option to renew requires an independent accounting firm to certify that Pyka’s total aggregate research and development spent on agriculture applications during years six and seven has not exceeded 50%; inquired why the research and development budget would be so high for agriculture when the company is moving away from the technology; expressed support for knowing the revenue from agricultural spraying uses; stated the revenue would likely diminish over time with an increase in autonomous cargo delivery; questioned whether the same aircrafts are used for different applications; stated aircraft uses are unknown once units are sold or leased; more information is needed; inquired whether amendments to the lease terms can be made to satisfy concerns being raised. The Interim Base Reuse and Economic Development Director responded in the affirmative; stated there are opportunities to discuss changes; great questions have been asked; Pyka representatives have been listening and can respond. Vice Mayor Daysog stated the report indicates the proposed uses for the building are consistent with the zoning and General Plan policies for Alameda Point; requested more details be provided related to the uses. The Interim Base Reuse and Economic Development Director stated manufacturing and research and development are permitted uses consistent with the General Plan and zoning policies for the property; the use would be approved without a hearing in other areas of the City; the use fits squarely at City business parks. Vice Mayor Daysog discussed the Climate Action Resiliency Plan (CARP); stated the CARP encourages electrification. Regular Meeting Alameda City Council September 5, 2023 15 The Interim Base Reuse and Economic Development Director stated reducing greenhouse gasses is a goal; Pyka is trying to electrify a portion of the aircraft industry, one of the biggest contributors to greenhouse gasses; staff finds the use aligns with City goals; the Economic Development strategy targets similar types of businesses. Vice Mayor Daysog stated that he has seen correspondence referencing dangers of pesticide use; inquired whether Alameda has a policy regarding encouraging organic types. The Interim Base Reuse and Economic Development Director responded there are General Plan policies regarding community gardens; stated the community has not discussed the topic; Alameda is not a farming community and does not have much agriculture; there is a goal to support global health and the environment. Councilmember Herrera Spencer inquired the maximum number of containers on premises at any given time. The Interim Base Reuse and Economic Development Director responded the current lease does not specify a maximum amount; stated staff focused on the area to be used for containers; Pyka does not know how many containers will be needed; the amount will depend on aircrafts being built and shipped; Pyka has expressed the desire for up to 30 containers, however, the exact need unknown. Councilmember Herrera Spencer inquired whether 30 containers would fit in the area; to which the Interim Base Reuse and Economic Development Director responded in the affirmative. Councilmember Herrera Spencer stated with 15 containers on either side, it seems to be that containers will be coming and going at any given time for the operation. The Interim Base Reuse and Economic Development Director stated containers will always be coming and going; the containers will not be permanently on-site; the containers are needed to move product on and off the site. The City Manager stated Section 2.3 of the lease prohibits permanent storage of containers; only temporary storage is allowed. In response to Councilmember Herrera Spencer’s inquiry about the definition of permanent storage, the City Manager outlined Section 2.3 of the lease. Councilmember Herrera Spencer inquired whether a container could be kept in one spot for an extended period of time or whether containers would be swapped onsite; stated that she is trying to visualize the space; inquired whether the operation will have a total of 60 containers consistently coming and going; questioned how often containers would move through the City. The Interim Base Reuse and Economic Development Director responded Pyka could best respond to how often trucks would be coming and going. Discussed the formation of Pyka; stated it is important to electrify transportation, including aviation; Pyka currently makes two products: one for agriculture and one for cargo; Pyka is focused on bringing advanced automation, zero-emission transportation to related sectors; the Regular Meeting Alameda City Council September 5, 2023 16 current focus is only a starting point; agriculture is a stepping stone for Pyka; other areas will be the company’s focus: Chuma Ogunwole, Pyka. Mayor Ezzy Ashcraft recommended increasing Pyka’s speaking time. Councilmember Vella expressed support for providing time to Pyka executives and keeping public comment time unchanged. Councilmember Herrera Spencer inquired how many public speakers have turned in a speaker slip, to which the City Clerk responded 11. Mayor Ezzy Ashcraft inquired how many speakers are from Pyka, to which the City Clerk responded all. Mayor Ezzy Ashcraft inquired the best approach for Pyka to respond to questions, to which Mr. Ogunwole responded having a few speakers able to speak for a period of time would help. Mayor Ezzy Ashcraft suggested a 15-minute time limit for Pyka members to respond to Council questions. Councilmember Jensen expressed support for the speaking time; inquired whether the two Zoom commentors should speak before the Pyka presentation, to which Mayor Ezzy Ashcraft responded in the negative. Councilmember Vella moved approval of allowing Pyka to give a presentation and answer Council questions for up to 15 minutes and the remaining speakers having 2 minutes for each public comment. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft. Noes: Councilmember Herrera Spencer – 1. Mr. Ogunwole, Nathan White and Michael Norica responded to Council questions. In response to Councilmember Herrera Spencer’s inquiry related to trucks and containers, the City Manager stated trucks will use designated truck routes through the City. The Interim Base Reuse and Economic Development Director stated the truck route commonly used from Alameda Point runs down Main Street and Atlantic Avenue through the Webster/Posey Tubes. Vice Mayor Daysog stated certain tenants at Alameda Point desire to generate side income by leasing space to a container company; inquired whether the container aspect of the lease is not related to side income, to which Mr. Ogunwole responded in the affirmative. Vice Mayor Daysog stated there is a distinction between a tenant using containers for side income versus those that use the containers as part of everyday operations. Councilmember Herrera Spencer inquired whether there are growth estimates over the term of the lease. Regular Meeting Alameda City Council September 5, 2023 17 Mr. Ogunwole responded the long-term estimate for the lease term is 200 to 300 units annually. Councilmember Herrera Spencer inquired how many containers are needed to ship each unit, to which Mr. Ogunwole responded one. Councilmember Herrera Spencer inquired whether any other companies have the same amount of containers coming and going from Alameda Point. The Interim Base Reuse and Economic Development Director responded big, commercial stores like Target and Safeway, generate a lot of containers; goods come in on large commercial trucks. Mr. Ogunwole stated Pyka has loaded a container in one day’s time; the containers are rented, not owned; Pyka is incentivized to get the container out as soon as possible to minimize costs. Councilmember Herrera Spencer inquired why the containers need to be onsite if they can be loaded in one day. Mr. Ogunwole responded Pyka does not desire to have the containers sit onsite due to the expense; stated committing to one day loading is difficult. Mayor Ezzy Ashcraft noted Pyka likely does not have control over the schedule of the company that picks up containers. Stated that he is excited to be working at Pyka; Pyka is deeply pragmatic, ambitious and humble and has a long-term goal to make passenger planes; the Pyka company community is very kind: Jack Lane, Pyka. Discussed working for Pyka; stated that she is glad to be a part of a company that is reducing the carbon footprint; she is motivated to help modernize and bring cleaner processes to agriculture; discussed Pyka’s company culture: Hannah Droesbeke, Pyka. Stated that it is almost inevitable that flights from Oakland will be on an electric airplane in 20 to 30 years; it is difficult to find problems in the interim where electric aviation is the solution; Pyka has found problems to where electric aviation is the solution; there is no disadvantage to electric airplanes; expressed support for Pyka working towards electric aviation: Erik Edwards, Pyka. Stated that he cares for the environment and its impacts; he has sought an employer that takes the future into consideration and makes a positive impact on history; Pyka is taking leaps and bounds towards positive impacts: Simon Leach, Pyka. *** (23-510) Mayor Ezzy Ashcraft stated a motion is needed to consider new items after 11 p.m. Councilmember Vella moved approval of hearing the ordinance amending the Amber Kinetics License [paragraph no. 23-511] and stopping the meeting by midnight. Councilmember Jensen seconded the motion, which carried by unanimous voice vote – 5. *** Regular Meeting Alameda City Council September 5, 2023 18 Stated Pyka is perfectly suited for Alameda Point; she would like to see company demonstrations; the company is helping to reducing the amount of pesticides and helping the environment; expressed support for Pyka; discussed the fence and location; stated that she would like to see landscaping: Shelby Sheehan, Alameda. Stated aviation is one of the hardest industries to decarbonize; Pyka is the only aviation company Piva has invested in; discussed Delta Airlines beginning as a crop dusting company; stated that he is excited to see Pyka building up in the Bay Area: Mark Gudiksen, Piva Capital. Expressed concern over the public speaking process and timing; stated that he supports Pyka; expressed concern over shipping containers, pesticides and obstruction of the view corridor: Tod Hickman. Stated that she is impressed with comments from Pyka; she likes the support for community science projects for kids; expressed concern over narrow roads at Alameda Point and shipping containers: Carmen Reid, Alameda. Stated Pyka’s electric aircraft are currently replacing gasoline flown aircraft; it is important that Pyka have a tangible impact; expressed support for Pyka: Matt Colbran-Patterson, Pyka. Stated that he joined Pyka due to their practical approach to aviation; expressed support for the kind and inclusive company culture: Nathan Silverman, Pyka. Discussed her work at Alameda Point and with Pyka; stated that she is excited to bring electric airplane manufacturing to Alameda Point; discussed her concerns over pesticides: Elizabeth Goodine, Pyka. Discussed his work at Alameda Point; stated it is amazing how much Alameda Point has grown and changed over ten years; expressed support for Pyka: Samuel Ingram, Pyka. Councilmember Vella stated staff has spent a lot of time addressing different concerns to a degree that has not occurred with other lessees in Alameda; it appears that Pyka can pay the rent and be good stewards of the space; expressed support for Pyka investing in the space; stated the issue related to containers has to do with subleasing space to others; discussed related subleasing issues with other Alameda Point tenants; stated container use related to business functions will hopefully yield other discussions about additional space to lease; companies coming out to Alameda Point help with rent revenue, which then is returned to investing back into Alameda Point; expressed support for the lease with Pyka. Vice Mayor Daysog stated that he has looked at the rules in place and whether the proposed lease activity conforms with the rules; he believes Pyka’s business conforms with the rules; the General Plan designated the zone as industrial ; the City has guides and policies, such as the CARP, which discuss decarbonization for industries and focus on electrification; Pyka seems to be consistent with the CARP goals; residents have high expectations; due to owning the space, the City has a leverage to meet the expectations of residents; the bar is high; questions have been raised related to pesticides; Pyka itself might not be using petroleum based pesticides, however, users of Pyka’s equipment might do so; Pyka has addressed the concerns and questions in explaining organic pesticides; expressed support for Pyka measuring the use to report to Council when the lease term extension comes up; discussed shipping container Regular Meeting Alameda City Council September 5, 2023 19 concerns being addressed; stated containers need to come in and out of Alameda Point and will hopefully be more environmentally sound in the future; expressed support for Pyka creating jobs in a space where many jobs were previously lost; stated Pyka is bringing innovation; expressed support for the investment being made in Alameda. Councilmember Herrera Spencer stated that her questions related to shipping containers go towards companies at Alameda Point traveling down West Tower Avenue; the street is narrow; inquired the width of the street and whether a shipping container would stop traffic. The City Manager responded trucks using Main Street can also use Saratoga Street or Lexington Avenue; trucks go out to Main Street and around as opposed to going through the town center. The Interim Base Reuse and Economic Development Director stated all lanes are eleven feet wide and are designed for trucks to use; there is only one lane in either direction, but the lanes are designed to accommodate trucks. Councilmember Herrera Spencer stated that she sees traffic at Alameda Point stopped on a regular basis; she will not support the project as-is; she is not the only person in the City who has concerns over views being protected; expressed support for Pyka minimizing the impacts to the view corridor; stated Alameda Point is mixed use; she disagrees that a view corridor is the width of a street; many people like to view the Hornet from West Tower Avenue; the view will not remain the same; Saildrone blocked the view with containers that go above the fence line; if Pyka does the same as Saildrone, there will only be 60 feet of view, which is the road’ two-thirds of the view is being lost; caring about the environment includes maintaining what people enjoy; expressed concern over not enough time being spent on the matter; stated there are concerns over pesticide use; expressed support for the application being used in the least harmful way possible; stated that she is not sure the proposed approach is the best solution; many smart people are concerned about the matter; Pyka’s company culture seems to be a good fit for Alameda; West Tower Avenue is attempting to find balance. Councilmember Jensen stated there is no policy against the lease; the zoning is proper; the City does not have a policy that relates or impacts what Pyka is performing at Alameda Point; Pyka has expressed support for Alameda; many employees live in the City; Pyka has support from Governor Newsom and the FAA, which is important and demonstrates that Pyka is doing positive things for the community and environment; Pyka is a good fit for Alameda Point; there are many similar autonomous tenants at Alameda Point, including Rain, Saildrone and Astra; Pyka’s developments will have applications; she is excited to support the matter. Mayor Ezzy Ashcraft stated that she expects Pyka to be a good steward of the land at Alameda Point, as well as the planet; expressed support for Pyka’s willingness to modify agriculture spraying and organic product percentages in the lease; stated Pyka has indicated its research and development is headed in said direction; she would like Pyka to keep its focus on cargo and passenger uses; 50% on agriculture should be different in years six and seven; expressed support for comments provided by Speaker Gudiksen; stated manufacturing leaving California is concerning at the Statewide level; Alameda is fortunate to have Alameda Point; inquired whether Council can provide direction to staff to have Pyka work towards alternate percentages that have a greater focus on organic culture spraying and other cargo uses. The City Manager responded staff has a 50% split for agriculture; stated there is current Regular Meeting Alameda City Council September 5, 2023 20 concern over changing the terms at this point in the lease; Pyka could agree to 25% of the 50% being focused on organics; Pyka has the final say in changing the percentages. Mr. Ogunwole stated Pyka does not control what is being used, growers control the products used; Pyka creates best possible ways for product to be used; he cannot mandate that growers use organic products. Mayor Ezzy Ashcraft suggested the leases total aggregate research and development spending on agriculture research could have 25% go toward organic uses. *** Mayor Ezzy Ashcraft called a recess at 11:25 and reconvened the meeting at 11:31 p.m. *** Mr. Ogunwole stated Pyka discussed the proposal; products are better and more economical with organics for all spray technologies being developed; it is difficult to label the approach as organic; Pyka is willing to have at least 60% of research and development going towards other products outside of agriculture with 40% spent on agriculture. Mayor Ezzy Ashcraft questioned whether the uses described earlier, such as firefighting, mosquito abatement and passenger cargo, would fall under the percentages, to which Mr. Ogunwole responded in the affirmative. Mayor Ezzy Ashcraft expressed support for the updated percentages; stated that she is impressed with the responses from Pyka and enjoyed visiting their Oakland facility; she is supportive of the lease; there will be containers at Alameda tenants build and create products; Pyka is a good company with a good use. Councilmember Vella moved approval of introduction of the ordinance with direction to modify the research and development provision to 60% for non-agriculture uses in years six and seven, and to approve the proposed lease. Vice Mayor Daysog seconded the motion, which carried by the following voice vote: Ayes: Councilmembers Dayosg, Jensen, Vella and Mayor Ezzy Ashcraft - 4. Noes: Councilmember Herrera Spencer – 1. (23-511) Introduction of Ordinance Authorizing the City Manager to Execute a Fifth Amendment to the License with Amber Kinetics, Inc., a Manufacturer of Energy Storage Technologies, to Extend the License Term for Twelve Months and to Establish a New Monthly Rent for the Unimproved Lot Located at 641 West Red Line Avenue for Electrical Systems Storage. Introduced. The Interim Base Reuse and Economic Development Director gave a brief presentation. Councilmember Vella moved introduction of the ordinance. Councilmember Jensen seconded the motion, which carried by unanimous voice vote - 5. CITY MANAGER COMMUNICATIONS Regular Meeting Alameda City Council September 5, 2023 21 (23-512) The City Manager discussed the Port of Oakland giving a presentation at a Council in October, the pilot launch of the Alley Up Shuttle, and Rise Up Alameda’s two-year Guaranteed Basic Income program application period opening. ORAL COMMUNICATIONS, NON-AGENDA None. COUNCIL REFERRALS None. COUNCIL COMMUNICATIONS (23-513) Councilmember Herrera Spencer outlined Police incidents. (23-514) Councilmember Vella discussed a Fire Department fundraising event for Maui fire relief efforts; outlined awards received by Alameda schools and upcoming tours of Bay Farm School and Edison Elementary School; discussed a July Lead Abatement meeting; announced students would be going back to school and the possibility of a Golden Sneaker award; urged people to keep Alameda streets safe for those walking and biking. (23-515) Vice Mayor Daysog discussed attending the AC Transit Interagency Liaison Committee meeting, a Relay for Life event, the opening of the California Radio Historical Society, and the civilian employee of the quarter event at Coast Guard Island; outlined meeting with auditors to review questions as part of annual reporting. (23-516) Mayor Ezzy Ashcraft expressed appreciation for Vice Mayor Daysog attending events in her place; announced a vacancy on the Golf Commission and nominated Clifford Tong for the seat; discussed attending the AFD fundraising event for Maui fire relief efforts and the opening day of Bay Area United’s soccer league at Estuary Park; outlined being invited to a panel at Coast Guard Island for Women’s Equity Day, and a Bay Area Housing Financing Authority webinar presentation; discussed her work on the Board of Directors for the League of California Cities’ task force working to oppose the California Business Roundtable initiative, crime in Alameda and Police Department tips for safety; discussed presenting a certificate to a 102-year old Alameda resident. ADJOURNMENT There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 11:54 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.